Final CD-492 and JOFOC - 1305M321CNRMA0002_Redacted.pdf

FORM CD-492 U.S. DEPARTMENT OF COMMERCE

(REV. )

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I recommend that the Department of Commerce negotiate only with

(Proposed Contractor(s)) for

(Description of Supplies or Services)

Requisition No. Cost Estimate $ (Include basic contract period and all options or total systems life costs)

Requesting Activity Contracting Activity

CERTIFICATION REQUIREMENTS

I certify that the attached narrative justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

The requisitioner further certifies that the attached narrative justification verifies the Government's minimum needs or schedule requirements and any rationale used to justify other than full and open competition procedures.

Requisitioner (Name and Title) Phone No. Date

Use of this form is optional when: the justification contains all information required by FAR 6.303-2, is certified by the requisitioner and contracting officer and is approved at the appropriate levels.

Before requesting this acquisition, state the statutory authority for conducting this acquisition under "other than full and open competition" procedures in the following blank (use only one statutory authority). Also provide a narrative justification to this form. In accordance with FAR Subpart 6.3, the narrative justification must include the facts necessary to reasonably and legitimately lead to the use of the specific authority for other than full and open competition; including adequate information on the nature and/or description of the action being approved and a description of the supplies or services required to meet the agency's needs.

STATUTORY AUTHORITY

41 USC ( )(1) - Only one responsible source

The supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements.

41 USC )(2) - Unusual & compelling urgency 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 the agency is permitted to limit the number of sources from which it solicits bids or proposals. (NOTE: This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the requiring activity. Solicitation from as many potential sources as is practicable under the circumstances is required.)

41 USC ( )(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services

41 USC )(4) - International agreement The terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, have the effect of requiring the use of procedures other then competitive procedures.

41 USC ( )(5) - Authorized or required by statute A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

41 USC ( )(6) - National security The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

41 USC )(7) - Public interest The agency head (Secretary of Commerce) determines that it is not in the public interest to use full and open competition in the particular acquisition concerned, and notifies Congress in writing of such determination not less than 30 days before award of the contract.

The National Academy of Sciences (NAS)

Program Management Services for the NOAA-Wide Resident Research Associateship Program (RRAP)

NRMA0000-20-00384

NOAA/OAR/HQ NOAA/AGO/WAD Boulder

, COR/Program & Mgmt Analyst 12/07/2020

41 U.S.C. 3304(a)(5)

Digitally signed by

Date: 2020.12.07 15:59:04 -05'00'

APPROVAL REQUIREMENTS

Phone No. Date ting - Not exceeding $ 0,000:

Title Phone No. Date

Advocate - Over $ ,000 but not exceeding $ million:

Title gnature Phone No. Date

- Over $ million:

Title Signature Date

NOTE: Use the total cost estimate specified on the front of this document in determining the necessary approvals. Each review must be preceded by lower level approval(s), e.g., over $ million all approvals are required.

Hannah M. Montoya 12/07/2020Digitally signed by

Date: 2020.12.07 14:21:52 -07'00'

Digitally signed by

Date: 2021.01.04 15:05:03 -05'00' 01/04/2021

Digitally signed by

Date: 2021.01.13 15:09:44 -05'00'

Date: 2021.01.22 09:45:45 -05'00'

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

NOAA-Wide Resident Research Associateship Program (RRAP)

Identification Number: NRMA0000-20-00384

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

The National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) located in Boulder, Colorado proposes to enter into a contract on the basis of other than full and open competition for program management of the NOAA-Wide Resident Research Associateship Program (RRAP) for the NOAA Office of Oceanic and Atmospheric Research Headquarters (OAR HQ).

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

NOAA intends to award a new contract to the National Academy of Sciences (NAS). A sole-source, cost-reimbursement (no fee) contract is contemplated for award.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

The requirement is to provide program management services for the NOAA-Wide RRAP program for use throughout laboratories and centers of different scientific disciplines across the continental United States at a total cost of . These program management services shall include providing the necessary personnel, materials, equipment and facilities (except as otherwise specified) to support the program throughout NOAA laboratories and centers, and shall also include recruitment of potential, qualified applicants, the collection of application packages and rigorous scientific review of application packages to provide NOAA with sufficient information to make the postdoctoral research associate awards. The period of performance includes a 12-month base period, nine 12-month option periods, and a six-month extension period. These services will allow OAR to contribute to and support NOAA’s ecosystems research mission.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(5) as implemented by FAR 6.302-5(a)(2)(i), authorized or required by statute.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

NAS is uniquely qualified to provide these services to NOAA based on the following:

a. Created by a Congressional Charter signed by President Lincoln in 1863, NAS is a federally chartered nonprofit institution dedicated to the furtherance of science and its use for the general welfare. The Congressional Charter is codified at 36 U.S.C.A. 150301-150304. Although the Academy is a private nonprofit corporation, it is called upon by the terms of its Congressional Charter to act as an official, yet independent, advisor to the federal government in matters of science and technology.

NAS’s unique status was confirmed by President George Bush in Executive Order 12832 (January 19, 1993), which specifically recognizes the Academy’s unique qualifications, and the appropriateness of sole source awards to NAS:

“When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department's or agency's program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations.”

These unique qualifications were confirmed by the General Accounting Office (GAO) in Moshman Assoc., Inc., B-216107 (Nov. 5 1984), which upheld the Department of Education’s sole source justification for an award to NAS. The Comptroller General agreed with the agency that only NAS could “provide a combination of the highest caliber of scientific expertise, independence, impartiality, credibility and audience acceptance.” The GAO specifically relied on the special independent status of NAS as a nonprofit organization, congressionally chartered for the purpose of conducting studies for the government, and that NAS historically has enjoyed a high degree of credibility, that its scientific expertise and resources are of the highest caliber, and that it is a “distinguished and respected body.”

b. NAS is a non-profit society of distinguished scholars. Established by an Act of Congress, NAS is charged with providing independent, objective advice to the nation on matters related to science and technology. Due to this unique mission, NAS is able to provide unbiased scientific researchers to produce objective information to federal agencies in support of their missions. It is for this reason that NAS is able to provide the impartial support necessary for NOAA to meet its mission in regard to this requirement, ensuring that NOAA's scientific independence is preserved. This capability is exclusively unique to NAS.

c. NAS fulfills the Program's need with a unique call for candidates and proposals that meet the precise requirements depicted in the Performance Work Statement (PWS) for NOAA’s RRAP program. NAS is the only entity that provides four (4) quarterly opportunities per year for the acceptance of applications from prospective Associates, accompanied by an independent and thorough panel review and selection process. NAS' recruitment process provides renowned scientists in disciplines directly related to NOAA's research and convene panels of reviewers with expertise specific enough to evaluate the current applicants and research proposals. This capability is of immense importance in meeting the needs of the Program, as the main responsibility held by the contractor is to recruit and retain scholars of the highest caliber to meet the needs of the individual NOAA laboratories and centers.

d. NAS has the proven experience to provide Program Management services for the successful conduct of NOAA’s program. It has conducted the RRAP program in cooperation with NOAA since 2010, and now conducts similar programs with 22 additional sponsoring federal agencies.

e. Due to NAS' unique setup and mission as described above, they are the only entity that is capable of providing these services. This ability is imperative in meeting the needs of this requirement due to NOAA's objective of scientific neutrality and independence.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

A synopsis of the proposed contract action in accordance with FAR 5.201 was posted on October 6, 2020 to the Government Point of Entry (GPE) at beta.SAM.gov. No responses were received. Market Research was performed in an attempt to identify other sources that could fulfill this requirement; see a description of the findings in Paragraph Number 8 below.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

Certified cost and pricing data will be obtained from the contractor in accordance with FAR 15.403-4.

The Contracting Officer will perform proposal analysis using the techniques described at FAR 15.404-1 to determine a fair and reasonable price. The proposed prices will be compared to historical data from the current NOAA contract, EA-133F-15-CN-0097, the current National Institute of Standards and Technology (NIST) contract, SB134117CN0019, and the Independent Government Cost Estimate (IGCE). Further, indirect cost rates have been audited by the Defense Contract Audit Agency (DCAA) and negotiated and agreed upon with the cognizant Administrative Contracting Officer, U.S. Office of Naval Research (ONR). These rates are renegotiated biennially and are for use on grants, contracts, and other agreements issued or awarded to NAS by all Federal Agencies of the U.S.A., in accordance with the provisions and cost principles mandated by 2 CFR Part 200. All proposed indirect costs will be compared to the most current audited indirect cost rates.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Market research was performed in an attempt to identify other sources that could fulfill this requirement.

Market research included a search of the SBA, Dynamic Small Business Database, beta.sam.gov, Pathway to Science database, and market research meetings; a full record of the market research conducted can be found in the attached Market Research Report. Based on this research, the Contracting Officer determines that there are no other sources available in the market that could fulfill this requirement and that NAS is the only responsible source capable of meeting all of the requirements associated with the effective management and administration of the NOAA RRAP program.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

All facts have been documented in Paragraph Number 5 above. There are no additional facts to be reported in this section.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

No other sources have expressed interest in this requirement. Market research revealed that NAS is the only independent and unbiased entity chartered by Congress capable of fulfilling all the requirements of NOAA’s program.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will also seek competition of future procurements for these services.

12. CERTIFICATION

The JOFOC has been prepared and certified by:

Technical/Requirements Personnel:

I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

Date COR/Program and Management Analyst, NOAA/OAR/HQ

Contracting Officer:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Hannah M. Montoya Date Contracting Officer, NOAA/AGO/WAD Boulder

13. CONCURRENCE

Concur:

Office of General Counsel:

Attorney, Contract Law Division, DOC/OGC/CLD

Head of Contracting Office:

Head of Contracting Office, NOAA/AGO/WAD Boulder

Date: 2020.12.07 16:01:19 -05'00'

Date: 2020.12.07 14:24:27 -07'00'

Date: 2020.12.08 12:47:05 -05'00'

Date: 2020.12.09 14:58:43 -07'00'