J A for Other than Full Open Competition.pdf

PROCUREMENT SENSITIVE

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (J & A)

Pursuant to the requirements of the Competition in Contracting Act as implemented by FAR Subpart

6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity

The U.S. Coast Guard Research & Development Center (USCG R&DC) proposes to enter into a contract on the basis other than full and open competition.

Requiring Activity: USCGR&DC 1 Chelsea Street New London, CT 06320-5506

Contracting Activity: USCGR&DC 1 Chelsea Street New London, CT 06320-5506

(2) Nature and/or description ofthe action being approved.

The USCG R&DC has a requirement for a sole source contract with Woods Hole Oceanographic Institute (WHOI), Woods Hole, MA for data collections and analysis to measure the flow rate of the oil release at the BP-Ieased DEEPWATER HORIZON oil rig disaster area, (here on referred to as the "site"). The estimated cost of this acquisition is $190,100.

(3) Description ofSupplies/Services

The objective of this contract is to provide a comprehensive analysis ofthe oil flow releasing at the site.

The scope of this contract is to 1) conduct on-site data collection of the available oil spill flow characteristics with specific attention to rate estimation, 2) analyze the data gathered, and 3) provide a comprehensive analysis report. The estimated cost of this acquisition is $190,100 with a period of performance of thirty days.

(4) Identification ofStatutory Authority Permitting Other Than Full and Open Competition.

The statutory authority that permits other than full and open competition is 10 U.S.C. 2304(c)(2), implemented by the FAR Subpart 6.302-2 entitled "Unusual and Compelling Urgency."

(5) Demonstration That the Nature ofthe Acquisition Requires Use ofthe Authority Cited.

The explosion and sinking ofthe BP-Ieased DEEPWATER HORIZON oil rig resulted in a major oil spill in the Gulfof Mexico. Presently, the Unified Incident Command Post is directing the response effort in the vicinity of the release. BP is the responsible party for the stoppage and cleanup of the spill.

BP has provided flow rate estimates but they are not consistent with other estimations in the scientific community. It is apparent that there are no agreed-upon estimates ofthe flow rate. The CEO ofBP America stated at a congressional spill inquiry, "This leak is not measurable through technology we know."

The USCG R&DC seeks to provide accurate assessments of the oil flow characteristics and hydrocarbon releases into the water column, with emphasis on rate of flow. This information is critical for the present and long-term response, recovery, and investigations.

At the beginning ofMay 2010, WHOI submitted proposed technology to BP to provide an accurate measure ofthe flow rate. BP did not proceed with any action on WHOI's proposal under the premise that BP would soon implement successful recovery techniques. At present, the oil at the site continues to be released into the GulfofMexico.

Previous efforts to apply sensors to the site for determination of flow rate have been delayed under the assumptions that the oil leak would be stopped by pending mitigation efforts, which have not been successful to date. Delays in measuring the flow rate and other available characteristics are having a detrimental effect on the estimation of oil released into the Gulf ofMexico. Delays in measurement of the oil flow are no longer acceptable and require urgent response.

Testing the oil flows and characteristics at the site will provide the USCG R&DC with an independent analysis performed by one ofthe world's leading oceanographic research institutions. Resulting reports will provide data for long-term use in assessments of the oil well loss in terms ofvolume, pressure, and plume characteristics. The contractor will deploy to the site with sonar, optical, Doppler, and mass spectrometer sensors. These sensors are uniquely configured to measure speed, volume, and elemental composition of the oil in the near vicinity of the blowout preventer; with additional opportunity to gather data in the mid-water column. The contractor has a speCific configuration of sensors that when operated under their design will yield data for use in analysis performed at their facilities.

(6) Description ofEffOrts Made to Ensure That Offerors are Solicited from as Many Potential Sources as Deemed Practical.

Per FAR 5.202, the FedBizOpps notice is not required because the proposed contract action is made under the conditions ofFAR 6.302-2, Unusual and Compelling Urgency, and under the circumstances the Government would be seriously injured if the agency complies with the time periods specified in

FAR 5.203.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer will determine that the price is fair and reasonable based on a cost analysis of the contractor's proposal. An Independent Government Cost Estimate has been developed to assist in this analysis. The results ofthis analysis will be documented in the Price Justification Memorandum.

(8) Description ofMarket Research.

Due to the urgency of this requirement, market research was not warranted thus was not conducted.

WHOI is selected because they already have the required technology in place and are capable of responding immediately to this urgent and compelling need.

(9) Any Other Facts Supporting the Use ofOther Than Full and Open Competition.

WHOI possesses significant expertise in this area and has been ready to deploy to the site since early May 2010, but BP did not proceed with any action on WHOI's proposal. They have worked with BP in the aftermath of Hurricane Katrina on other downed oil platforms, helping to find and characterize leaks. WHOI routinely operates at depths required at the site. WHOI is well known in the field and widely published on the topics of oil spills, heavy oils, and hydrates. WHOI is familiar with operating in the area of the oil spill. They currently have an active and relevant research project near the general vicinity of the site.

(10) A Listing ofthe Sources, ifAny. That Expressed. in Writing. an Interest in the Acquisition.

Based on the above, the requirement was not synopsized due to the urgency of the requirement, thus no other sources have expressed interest in this requirement.

(11) A Statement ofthe Actions. ifAny, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

Upon receipt of contract deliverables, the USCG R&DC will evaluate the need to proceed with further actions. At present, a Broad Agency Announcement (BAA) is in process for broader and long-term efforts for application against the oil spill.

(12) Contracting Officer's Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best ofmy knowledge and belief.

Contracting Officer Date

(13) Technical/Requirements Personnel Certification. I certify this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

(14) Legal Review and Concurrence:

I have reviewed this justification and deemed it legally sufficient.

Attorney Date