Mod Increase Scope_JOFOC Redacted_Redacted posting.pdf

Version 6.0 December 2024

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Northeast Fisheries Science Center

Administration of At-Sea Monitoring Fishery Observer Support Service

Identification Number: Contract number 1305M323CNFFM0079, P25002

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

The NOAA Acquisition and Grants Office (AGO), Western Acquisition Division, proposes to award a contract modification on the basis of other than full and open competition in support of NOAA’s National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC), Fisheries Monitoring & Research Division (FMRD), Fisheries Monitoring Operations Branch (FMOB) located in Woods Hole, MA.

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

NOAA intends to award a contract modification to the Atlantic States Marine Fisheries Commission (ASMFC).

For an existing contract being modified: Contract number 1305M323CNFFM0079 with ASMC will be modified on May- 2025 in the amount of

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 NEFSC, FMOB manages the administration of the At-Sea Monitoring (ASM) Program and oversees the at-sea monitoring service provider companies under the Northeast Multispecies Management Plan. The monitoring coverage is for the New England and Mid-Atlantic region. The FMOB monitors the data related to catches to provide scientific management for quotas and regulatory compliance onboard commercial fishing vessels with the focus on discarding groundfish and herring catches by state, sector, gear type, and stock area. ASM coverage is an integral part of catch monitoring that collects accurate information on catch composition. All this data is needed for the management and monitoring of the annual catch limits and groundfish sectors to end overfishing and to assist in rebuilding multispecies stocks as required under the Magnuson Stevens Act and the Standardized Bycatch Reporting Methodology (SBRM).

A portion of this contract provides for reimbursement of industry-submitted costs that ASMFC disburses on behalf of the Government to cover NOAA Fisheries’ responsibilities under the SBRM. ASMFC currently supports the ASM and Industry Funded Monitoring (IFM) reimbursement process by reviewing, tracking, paying, and reporting to NEFSC the amounts invoiced on a monthly basis for cost reimbursement from eligible sectors or states. Estimates for coverage under this program were based on previous annual appropriations and expected coverage; however, coverage target requirements are determined annually and may be modified or increased for additional monitoring to meet Fishery Management Plans or other fishery-specific coverage targets. This year, coverage targets increased, and NOAA Fisheries must be able to meet its obligation to reimburse eligible providers. The contract increase allows ASMFC to continue to manage the program and distribute all funds through the end of the fiscal year.

The Period of Performance is from September 29, 2023 – September 28, 2025, which includes a twelve (12) month period and one (1) 12-month Option Period. The modification covers additional costs expected to be incurred in the third and fourth quarters.

The total value of this modification is resulting in a total value, inclusive of the base and option period, of

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 USC 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-5, 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)).

The nature of this action is authorized by statute, Section 402(d) of the Magnuson-Stevens Act (MSA), codified at 16 U.S.C. § 1881a(d), which provides NOAA with authorization to enter into sole source contracts under limited circumstances. The MSA permits NOAA to enter into a contract on a sole source basis with a Marine Fisheries Commission for the purpose of carrying out information collection or other programs, if the recipient has “customarily” been such a Marine Fisheries Commission.

1305M3CNFFM0079 P25002 JOFOC

The Atlantic States Marine Fisheries Commission (the Commission) is a recognized Marine Fisheries Commission that was established in 1942 by consent and approval of Congress under Public Law 232, 80th Congress, 61 Stat. 419, with a mission to promote the better utilization of fisheries and to promote and support policies and actions to conserve, develop, and manage fishery resources. The Commission has been the sole provider of ASM support services to the FMOB, first under grants since its inception in 2016, then under contract since 2020.

The Commission is an interstate agency that helps resource agencies and the fishing industry sustainably manage the New England and Mid-Atlantic region. Given the multi-jurisdictional nature of the fisheries managed under the Fisheries Management Program, the collaboration between the FMOB and the Commission traditionally facilitates the administration of the at sea monitoring across a variety of fisheries communities. The Commission has historically generated these crucial bycatch and mortality reports that scientists and managers use for east coast groundfish management.

The long-standing cooperative relationship between NOAA and the Commission has resulted in successful east coast groundfish management and given this history, the Commission is qualified for a sole source award under the cited provisions of the Magnuson-Stevens Act.

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)).

Based on FAR 5.202(4) the Contracting Officer is not required to post a notice required by 5.201 when the proposed action is expressly authorized by statute when being acquired from a specific source. In accordance with FAR 6.305(a), a copy of the redacted JOFOC will be posted at sam.gov within 14 days of contract award.

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

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on invoices historically paid for similar services. Prior to the award of the proposed modification, price analysis will be performed and documented to sufficiently determine that the price to the Government of the proposed acquisition will be fair and reasonable.

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)).

The ASMFC has been successfully performing the services required by this proposed modification since 2016.

Services were originally performed by ASMFC through a NOAA grant; however, ASMFC has continued to perform these services through sole source contracts with NOAA since 2020. Prior to award in 2023 the redacted sole source justification was posted and no responses were received. Furthermore, the current contract utilizes the same authority leveraged for this current action (FAR 6.302-5). FAR 6.302-5 states that full and open competition need not be provided for when a statute expressly authorizes a specified source. As such, there is no requirement to identify alternate sources.

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 section 5. 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)).

A redacted sole source justification was posted on September 16, 2023. No expressed interest in this acquisition was received.

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 may seek competition for future acquisitions for these services if follow-on support is needed.