NFFP0000-20-01521 CD 492 JOFOC WCROP 8.18.20.pdf

FORM CD-492

(REV. 12-15) OAM

U.S. DEPARTMENT OF COMMERCE

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) Signature Phone No. Date

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.

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.

STATUTORY AUTHORITY

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 3304(a)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements.

41 USC 3304(a)(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.)

It is necessary to award the contract to a particular source or sources in order (a) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (b) 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 (c) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

41 USC 3304(a)(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services

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 3304(a)(4) - International agreement

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 3304(a)(5) - Authorized or required by statute

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 3304(a)(6) - National security

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.

41 USC 3304(a)(7) - Public interest

Pacific States Marine Fisheries Commission

West Coast Regional Observer Program support services

NFFP5000-20-01521 $680,747.52

NWFS West Coast Region AGO WAD Seattle

Charles Villafana (562) 980-4033 08/13/2020

41 USC 3304(a)(5)

VILLAFANA.CHAR

LES.A.1387251053

Digitally signed by

VILLAFANA.CHARLES.A.1387251053

Date: 2020.08.13 10:26:04 -07'00'

APPROVAL REQUIREMENTS

Contracting Officer Signature Phone No. Date

Operating Unit (OU) Competition Advocate - Not exceeding $700,000:

OU Competition Advocate (Name and Title) Signature Phone No. Date

Department of Commerce (DOC) Competition Advocate - Over $700,000 but not exceeding $68 million:

DOC Competition Advocate (Name and Title) Signature Phone No. Date

Senior Procurement Executive (SPE) - Over $68 million:

SPE (Name and Title) Signature Phone No. 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 $68 million all approvals are required.

Sarah Waugh 206-526-6544 8/13/2020

Chad Hepp, Director, Western Acquisition Division 303-497-3443

WAUGH.SARAH.R

OSE.1505964051

Digitally signed by

WAUGH.SARAH.ROSE.1505964051

Date: 2020.08.13 10:57:17 -07'00'

8/18/2020

Purchase Request NFFP5000-20-01521 WCROP

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

West Coast Regional Observer Program /Fishery Observer Support Services

Identification Number: Purchase Request NFFP5000-20-01521

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)). The Department of Commerce, National Oceanic Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) located in Seattle, WA, proposes to enter into a contract on the basis of other than full and open competition in support of the, National Marine Fisheries Services (NMFS), West Coast Regional Office (WCR), West Coast Regional Observer Program (WCROP).

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 Pacific States Marine Fisheries Commission. A labor hour contract is contemplated for award. The work is dependent upon output of government employee and observer data which will vary seasonally; therefore, the amount of labor hours spent on data analysis cannot accurately be determined.

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 West Coast Regional Observer Program (WCROP) collects information on fishing operations, protected species interactions, catch and discard information and biological sampling by the deployment of observers. The observers collect fishery-dependent data year-round and target groundfish off the west coast of the United States.

These data are used to meet the Standardized Bycatch Reporting Methodology (SBRM) as specified in the groundfish Fishery Management Plan (FMP), as well as supporting management of protected species. The WCROP also provides in-season discard estimates to support quota management in the Catch Shares fishery. The biological samples and data collected by observers from discarded catch are only readily available via at sea observers. The requirements of this service ensure this program meets Magnuson-Stevens Act requirements through training, coordination and debriefing of West Coast Observers.

The period of performance will be one year with one-year option period. The anticipated price is approximately $365,329.80 for the base year and $315,417.72 for the option, for a total value of $680,747.52 which is consistent with the program's funding profile for this time period.

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)). Pacific States Marine Fisheries Commission is uniquely qualified to provide these services to the West Coast Regional Observer Program based upon the following:

a. They are the only available source based on 41 USC 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) subpart 6.302-5, Authorized or required by statute.

Section 402(d), 109-479(d) of the Magnuson-Stevens Act, codified at 16 U.S.C. § 1881a(d), provides NOAA authorization to enter into sole source contracts under limited circumstances. The

Purchase Request NFFP5000-20-01521 WCROP

MSA permits NOAA to provide a contract on a sole-source basis to a Marine Fisheries Commission for the purpose of carrying out information collection or other programs, if the service provider is specified by statute or has "customarily" been a Marine Fisheries Commission.

The Pacific States Marine Fisheries Commission (the Commission) is a recognized Marine Fisheries Commission that was established in 1947 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 Observer support services to the WCROP under grants since its inception in 2001. The current grant funding expires in 2020 and, per the Department of Commerce Office of Legal Counsel's Federal Assistance Law Division direction, will not be renewed as a grant. This is no longer a pilot program and a contract is the more appropriate vehicle. Given the Commission's history of successfully supporting the WCROP, it 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)). The notice will be publicized in accordance with FAR 5.2 upon approval of this justification. Because the unique statutory authority permitting other than full and open competition by issuing sole source awards to Pacific Marine Fisheries Commission, identifying additional sources prior to the justification's approval will not impact the market research report or acquisition strategy.

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 a price analysis conducted in accordance with FAR 15.404-1(b). Prior to award of the proposed contract, price information shall be obtained from the contractor and a price/analysis will be performed and documented to sufficiently determine that the cost 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 Contracting Officer, in consultation with the Professional and Technical Services (ProTech) Fisheries Domain management office, confirmed that observer services are not within ProTech's scope. Therefore, it is not a mandatory source for this requirement. This acquisition is proposed for award to the Commission on a sole source basis. The Commission has been successfully performing the entire scope of WCROP work under a grant since 2001 and is identified as an authorized source under the Magnuson-Stevens Act. 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. For this reason no additional market research was conducted.

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

N/A

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

N/A

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.

___8/13/2020_ Date ________________________________ Charles Villafana Fisheries Biologist

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.

Date

Date

Sarah Waugh Contracting Officer

12. CONCURRENCE

Concur:

Office of General Counsel (If over legal review threshold)

James Rhodes Attorney-Advisor, Contract Law Division

Purchase Request NFFP5000-20-01521 WCROP

VILLAFANA.CHARLES.A

.1387251053

Digitally signed by

VILLAFANA.CHARLES.A.1387251053

Date: 2020.08.13 10:23:20 -07'00'

WAUGH.SARAH.R

OSE.1505964051

Digitally signed by

WAUGH.SARAH.ROSE.15059640

Date: 2020.08.13 10:56:19 -07'00'

JAMES RHODES

Digitally signed by JAMES RHODES DN: c=US, o=U.S. Government, ou=Department of Commerce, ou=Office of the Secretary, cn=JAMES

RHODES,

0.9.2342.19200300.100.1.1=13001003116286 Date: 2020.08.13 15:00:39 -05'00'

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)).

N/A

12. CERTIFICATION

The JOFOC has been prepared and certified by: