P16_0040281377_JOFOC.pdf

Department of the Interior Bureau of Safety and Environmental Enforcement

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC for Acquisitions > SAT) (Optional for Acqs. SAT)

I recommend that the BUREAU OF use other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

1. Nature/Description of the Acquisition [FAR 6.303-2(b)(2)]

2. Description of Supplies or Services [FAR 6.303-2(b)(3)]

3. Requisition No.

4. Cost Estimate (including options)[FAR 6-303-2(b)(3)]

5. Name of Proposed Source(s)

6. REQUESTING OFFICE CERTIFICATION

I certify that this recommendation contains the information required by FAR 6.303-2 and its contents are accurate. I request the Contracting Officer’s (CO’s) assistance in conducting market research to identify potential sources.

Date:Phone No:Signature:Requesting Office Rep. (Name &Title)

7. PROCUREMENT OFFICE CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: Phone No: Date:Contracting Officer (Name)

Date:Phone No:Signature:Chief of the Contracting Office (Name) I certify that this justification is accurate and complete to the best of my knowledge and belief.

The Bureau of Safety and Environmental Enforcement (BSEE) anticipates entering into a contract with Coastal Frontiers Corporation (CFC) for the project entitled, "Freeze-up and Break-up of Sea Ice in the US Beaufort and Chukchi Seas". The contract is anticipated to be a Firm-Fixed-Price type contract with a period of performance of 18 months. Funding in the amount of $630,000 was received with no-year funds for this requirement.

The proposed study will provide analysis of the freeze-up and break-up of arctic sea ice in the Alaskan Beaufort and Chukchi seas as well as greater understanding of the events which occur during break-up of the ice under present-day conditions. The analysis will be based on observations of the Alaskan Beaufort and Chuckchi Seas obtained through both remote imaging as well as aerial observations from an aircraft. This analysis is critical for understanding the safe and cost-effective development of offshore oil and gas prospects in the Alaskan Arctic.

40281377

$630,000.00 (USD)

Coastal Frontiers Corporation 882A Patriot Drive, Moorpark, CA 93021-3544

(818) 341-8133

703-787-1669Nalini Gromley

Paige L. Shin 6/30/2016703-787-1332

703-787-1324Douglas M. Marr

Safety and Environmental Enforcement (BSEE)

Identify one statutory authority for this acquisition to be conducted under ''other than full and open competition'' procedures [FAR 6.303-2(b)(4)]. Provide narrative justification associated with the respective stated authority in block number 15.

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L.98–369)

8. 41 USC 253(c)(1) – Only one responsible source

This authority shall be used in preference to the Public Interest justification. It shall not be used when any of the other circumstances are applicable. (Explain what makes this contractor the only responsible source: i.e., does this proposed contractor have facilities or equipment that is specialized and vital to the effort? Is the proposed contractor the only one that can meet critical schedules? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Why won't any other product or service satisfy the need? Is the acquisition the result of an unsolicited research proposal [see FAR 6.302-1(a)(2)(i)]? Describe market survey and analysis efforts leading to this conclusion.)

9. 41 USC 253(c)(2) – Unusual and compelling urgency

10. 41 USC 253(c)(3) – Industrial mobilization engineering, developmental, or research capability or expert services

This authority applies in those situations where (1) an unusual and compelling urgency precludes full an open competition and

(2) delay in award of contract would result in serious injury, financial or other, to the Government. (Explain why the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless it limited the number of sources. Solicitation from as many potential sources as is practicable under the circumstances is required.)

11. 41 USC 253(c)(4) – International agreement

This authority applies when it is necessary to award the contract to a particular source or sources in order (1) to establish or maintain an essential capacity for theoretical analyses, exploratory studies, or experiments in any field of science or technology, or (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (3) to acquire the services of an expert for any current or anticipated litigation or dispute. (Does the proposed contractor have facilities and equipment that are vital in the event of a national emergency? Is the proposed contract to maintain properly balanced sources of supply for meeting the requirements of acquisition of programs in the interest of industrial mobilization? Is the proposed contract to create or maintain the required domestic capability for production of critical supplies by limiting competition to items manufactured in the United States or Canada?)

12. 41 USC 253(c)(5) – Authorized or required by statute

This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance or, when services are to be performed, or supplies are to be used in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited. (Cite the international agreement or treaty between the United States and the foreign government or international organization that precludes full and open competition. Provide the written directions of the foreign government reimbursing the agency for the cost of the acquisition, which precludes full and open competition.)

13. 41 USC 253(c)(6) – National Security

14. 41 USC 253(c)(7) – Public Interest

This authority may be used when a statute expressly authorizes that the acquisition be made through another agency or from a specified source.(Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source, and attach a copy of the statute.) Note: While this statutory exception includes the small disadvantaged business 8(a) set-aside program, a JOFOC is not required for this type of procurement.

This authority may be used for any acquisition when disclosure of the Government’s needs would compromise national security. It will not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract. (Explain why the disclosure of the Government’s needs would compromise the national security or violate security requirements.)

This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of contract are required.

15. JUSTIFICATION (Attach additional pages if needed)

(a) Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited [FAR 6.303-2(b)(5)]. [Prepared by Program Office]

(b) Describe the efforts taken to ensure offers were solicited from as many potential sources as is practicable, including whether a Government-wide point of entry (GPE) notice was or will be published as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies. [FAR 6.303-2(b)(6)]. [Prepared by Program Office]

(c) Demonstration that the anticipated cost to the Government will be fair and reasonable [FAR 6.303-2(b)(7)].

[Prepared by Contracting Officer]

(See Attachment)

As authorized by FAR 6.302-1, this acquisition will be conducted on a sole source basis. A GPE notice will be published in accordance with FAR Part 5.2.

Estimated costs proposed by the Contractor will be analyzed in accordance with FAR 15.404-1, Proposal Analysis Techniques.

15. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(d) Describe the market research that was conducted and the results of that survey. If actions were taken by procurement personnel to satisfy this requirement such as a GPE sources sought synopsis, please specify. [FAR 6.303-2(b)(8)]. [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

(e) Describe any other documentation to support the JOFOC. [FAR 6.303-2(b)(9)]. [Prepared by Program Office]

(f) List sources, if any, that expressed, in writing, an interest in the acquisition. [FAR 6.303-2(b)(10)].

[Prepared by Program Office]

(g) List the actions the Bureau will take to promote competition on any subsequent acquisitions for similar supplies or services.

[FAR 6.303-2(b)(11)]. [Prepared by Contracting Officer]

Market Research was conducted by the Program Office to demonstrate that Coastal Frontiers is the only source available to meet the Government's requirement. Based upon contact with industry professionals, researchers, subject matter experts, as well as review of technical publications, no other sources were identified that would avoid a substantial duplication of costs and unacceptable delays to agency requirements.

Not Applicable

No sources have expressed an interest in the acquisition.

Future acquisitions for similar services will be analyzed to determine the most appropriate procurement approach and level of necessary competition.

APPROVALS (FAR 6.304)

16. Competition Advocate (Name & Title)

APPROVE

DISAPPROVE

(Phone No.)

(Date)

17. Head of the Contracting Activity (Name & Title)

(Date)

(Phone No.)

(Signature)

(Signature)

(Signature)

APPROVE

DISAPPROVE

18. Departmental Senior Procurement Executive (Name & Title) APPROVE

DISAPPROVE

(Phone No.)

(Date)

O ve r $6

,0

O ve r

$1 2.

m ill io n O ve r

$6 2.

m ill io n

15. JUSTIFICATION (continuation)

(a) Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited [FAR 6.303-2(b)(5)].

Coastal Frontiers Corp. (CFC) has been the Primary Investigator for the annual freeze-up study since the inception of the Joint Industry Project (JIP) in 2009 with Shell Oil-Alaska and later with Statoil. The proposed study is intended to build upon the knowledge gained from previous freeze-up observations, acquired through studies sponsored by JIP partners and BSEE since 2009, and to obtain an initial understanding of the nature of break-up under present-day conditions. A key part of this effort includes obtaining present and historical radar satellite (RADARSAT) images which is vital to conducting the required analysis. These images are obtained through a third-party provider and are subject to a non-disclosure end-user-agreement. Historically, these images were purchased by Shell Oil-Alaska and provided specifically to support CFC’s data analysis for the research effort. Due to the end-user-agreement, these historical images cannot be shared with any other entity including other JIP partners. These images do not come from a catalog or database of generic images. Each image is obtained based on the customer’s specific needs (location, date, time, image resolution, etc.). Therefore, it would not be feasible for another vendor to access the images obtained for historical studies. These historical images are vital for proper scientific analysis of the rapid changes in the annual ice environment.

Additionally, results of the previous freeze-up studies (which are required for the current requirement), include “proprietary data” that was provided by previous JIP partners which cannot be released to the public per the previous contract terms and conditions. Final study results are based on a combination of current and historical RADARSAT imagery analysis, historical proprietary data from previous JIP partners, and reconnaissance flights flown during freeze-up and break-up season. Therefore, it is not feasible to separate or redact proprietary data from the final report of previous studies to be useful and meaningful to a new contractor.