NF-FM7820-22-01892 - Justification for an Exception to Fair Opportunity.pdf

Version 3.0

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 16.505(b)(2)(i))

PR# NF-FM7820-22-01892

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office (AGO), Ecosystems & Aquaculture Division and National Marine Fisheries Service (NMFS).

2. Nature and/or description of the action being approved.

This is a limited source justification of a new task order under the Protec-Oceans IDIQ with DHI Water and Environment, Inc. (DHI), 141 Union Blvd Ste. 320, Lakewood CO 80228, USA. A firm fixed price contract is contemplated for award.

3. Description of supplies or services required to meet the agency’s needs (including the total estimated value).

In order to meet agency goals for sustainable aquaculture and seafood production, the NMFS laboratory in Milford, CT is in need of a contract for modeling specialists who can develop and execute a spatiotemporal marine disease model using DHI’s MIKE Powered by DHI software and associated packages. The specific modeling system requires an underlying hydrodynamic model, particle tracking and dispersion capabilities, functions for parameterization of pathogen and host biology and their interactions, and the capability to infer risk from vessel movement patterns. The modeling work requires the ability to provide statistical and graphical displays of results including heat maps of dispersant concentrations, mortality, and time to infection, among others. The modeling expertise and software platform provided through this contract will enable completion of funded research at the Northeast Fisheries Science Center (NEFSC) to understand the threat of oyster herpesvirus-1 micro-variant among Pacific oysters. The contractor will work with NEFSC staff to co-develop the overall model-framework and establish conditions for required sub-models.

The contractor will provide NEFSC with a list of data inputs and resources needed to execute the planned model. The contractor will integrate NEFSC provided data and feedback into the model development and calibration process. Once established, the contractor shall execute model runs according to defined scenarios and report results on hydrodynamic connectivity, ballast water transmission risk, and infection risk to the Pacific oyster population.

The Period of performance for base year is 08/01/2022-07/31/2023. Period of performance for option year 1, pending receipt of funds for year 2 of the project, is 08/02/2023- 07/31/2024. The contract type is a labor hour contract under the Oceans ProTech IDIQ. The total estimated value is $278,400.00 for the base year and $288,000.00 for Option year 1.

4. Authority and supporting rationale. The contracting officer has determined the circumstances of the acquisition meet the following statutory exception under FAR 16.505(b)(2)(i) as supported below:

Only one awardee is capable - FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

The scope of work requires the software and associated modeling expertise provided by DHI Water and Environment, Inc. The project aims to build NOAA’s internal capacity for spatiotemporal disease modeling through collaboration between the National Centers of Coastal Ocean Science (NCCOS) and NMFS line offices. NCCOS uses MIKE modelling tools powered by DHI software, and interoperability is critically dependent on the alignment of software platforms between NMFS and NCCOS. NCCOS has already integrated MIKE software and DHI modeling systems into their program workflow, so aligning NMFS infrastructure best positions our groups for collaboration on this and future applied aquaculture research. Together, with the integration of MIKE Powered by DHI software, we effectively build internal NOAA capacity for marine disease modeling and maximize efficient use of funding and technical resources to achieve mission goals.

DHI was identified as the preferred solution by NCCOS because the modeling suite provides comprehensive hydrodynamic and environmental modeling packages that have the capacity to estimate interactions between aquaculture, the surrounding environment, and anthropogenic influences. The specific disease modeling system requires an underlying hydrodynamic model, viral particle dispersion capabilities, incorporation of host and pathogen biological functions, and incorporation of vessel traffic movements and ballast water discharge into the risk framework. We require the software to have the ability to provide statistical and graphical displays of results including heat maps of dispersant concentrations, hydrodynamic/vessel connectivity, and population effects (ie. mortality rates) over a moving time-frame. DHI is the only known source that can provide a software system with the above requirements and the personnel modeling expertise to achieve the Mission objectives. As a result, in accordance with FAR 16.505(b)(2)(i)(B), only one awardee is capable of providing the services required because the services ordered are unique and highly specialized.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will determine that the anticipated price(s) will be fair and reasonable based on comparing the price offered by DHI to the independent government cost estimate (IGCE). The IGCE was based on expert opinion on the number of hours required to complete the tasks and the labor rates listed in the base IDIQ. The rates in the IDIQ were determined to be fair and reasonable at the time of award and DHI will be advised that labor rates may not exceed the ceiling rate set forth in the base IDIQ.

6. Any other facts supporting the justification.

NA

7. Actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition for future acquisitions of these services to the maximum extent practicable.

8. Technical/Requirements Representative Certification

I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

Meghana Parikh Date Research Veterinary Medical Officer

9. Office of General Counsel Concurrence

Concur

Rebecca Jacobsen Date Office of General Counsel

10. Approving Official Determination of Circumstance Applicability

In accordance with FAR 16.505(b)(2)(ii)(B)(10), the undersigned approving official for this justification hereby determines the circumstance cited above at #4, Authority and supporting rationale, applies to this order.

Contracting Officer’s Certification and Approval

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

Approve

Joseph Hetrick Date Contracting Officer