Final_Redacted_JOFOC_Analytical_Services_and_Expert_Consultation_HMSRP_revised_8_20_18.pdf

Version 1.0

Source Selection Information – see FAR 2.101 and 3.104

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901)

Analytical and Expert Consultation Services– PR # NFFR7400-18-03043

1. Agency and contracting activity.

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division (WAD – Seattle, WA), the National Marine Fisheries Services (NMFS), Pacific Island Region Office (PIRO), Pacific Islands Fisheries Science Center (PIFSC), Hawaiian Monk Seal Research Program (HMSRP).

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

This is a sole source justification for a follow-on requirement to Harting Biological Consulting. The government intends to negotiate a labor hour contract for analytical services and expert consultation to assist the Hawaiian Monk Seal Research Program in its mission. Specifically, these services include the use of a specially-designed simulation model that is used to evaluate population demographics annually and use this model to support other research objectives related to the recovery of this species.

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

NMFS’ PIFSC/HMSRP has a requirement for analytical and expert consultation services. A labor hour contract is contemplated. This will be a base year contract with four option periods. The period of performance is from September 01, 2018 to August 31, 2023 which includes a base, plus four option periods. The total estimated value is .

4. Statutory authority permitting the sole source (including brand name) acquisition.

X 41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

41 U.S.C. 1903, using SAP up to $13M for contingency operations as authorized by FAR 13.500(c) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The contracting officer has determined the following circumstances justify the use of a sole source contract as supported below:

Harting Biological Consulting is the only one source capable of providing this specially-designed simulation model that is specific to the Hawaiian Monk Seal Program.

Source Selection Information – see FAR 2.101 and 3.104

This model is proprietary in nature and the intellectual property of Harting Biological Consulting. The foundation of the model was developed by Dr. Albert Harting as a student at Montana State University. It has since been maintained and additional modules have been added by Harting Biological Consulting as a result of work with NMFS. The model is designed to represent the life history of the Hawaiian Monk Seals, as realistically as possible. The data collected from this model is used to fully capture all of the uncertainties in demographic rates and system processes that influence the long-term dynamics of the population. It is intended as both an exploratory tool for management and a predictive tool to better understand the implications of current population trends and natural perturbations. Most importantly, this model is used to assist the program in management decisions.

Since1998 the company has worked on expansion, improvement, and maintenance of the model for historical data for the past 20 years. The result is a tailor-designed highly sophisticated model that meets the specific needs of providing output for research and enhancement activities, determining population vital rates, evaluating the relative impacts of interventions and mortalities, and predicting the impact of proposed conservation actions. The vendor’s unique qualifications include having written the existing model code.

The model consists of over 28,000 lines of computer code organized into a variety of individual purpose-built modules. Each year, the model is updated with new data and frequently new code is developed to meet newly arising needs. It would take years for an alternate contractor to provide the services required with the necessary detail, knowledge, and technical expertise during which time the Hawaiian Monk Seal Research Program would be severely lacking in its ability to fulfill Government mandates of providing data to partners, collaborators, and the public.

Harting Biological Consulting has an intimate knowledge of the Hawaiian Monk Seal’s biology, data collection protocols, databases and associated relevant issues, gained through several seasons of fieldwork in remote monk seal research. No other company possesses this combination of modeling, mathematical, and program-specific knowledge and skills. If the specific set of skills and experience provided by Harting Biological Consulting was not available to the Agency and program office, the ability to fulfill core federal mandates would be placed at risk, including difficulty completing annual stock assessments mandated by the Marine Mammal Protection Act and planning and implementation of conservation activities in support of the Endangered Species Act. The ability to accurately assess the effects of essential ongoing conservation efforts such as translocation, medical intervention, rehabilitation, disentanglement from marine debris, and hook removal, would not be possible without the unique knowledge, skills, and modeling capability provided by Harting Biological Consulting. For example, through the use of the model and expertise provided by Harting Biological Consulting, HMSRP was able to determine that 30% of the Hawaiian monk seal population is alive today as a result of NMFS conservation activities. Without access to this analytical capability HMSRP would not be able to determine what actions will truly be able to move towards recovery of the species.

Source Selection Information – see FAR 2.101 and 3.104

Succinctly put, the Agency may be unable to fulfill federal mandates, undertake and assess numerous activities to intervene and save endangered seals and the ability to provide data to partners, collaborators, and the public would be greatly diminished.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

HMSRP and WAD conducted market research and could not identify another vendor capable of this type of modeling and program-specific knowledge and skills. In accordance with the posting requirements in FAR 5.2, a synopsis of proposed contract action will be posted on the Government-wide point of entry at the Federal Business Opportunities website after the JOFOC is approved. Any responses received from the synopsis will be taken into consideration by the government.

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

In accordance with FAR 13.106-3, the contracting officer determines that the anticipated price(s) will be fair and reasonable based on previous purchases for these items and comparison with the Independent Government Estimate (IGE). Prior to award a price analysis will be conducted and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable. Award will not be made if pricing cannot be determined fair and reasonable.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

The HMSRP and WAD conducted market research through an internet search and could not identify a vendor capable of this particular simulation model and 20 years of historical data as, Harting Biological Consulting.

9. Any other facts supporting the use of a sole source (including brand name), such as:

None.

10. List of the sources that expressed a written interest in the acquisition.

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

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 analytical and expert consultation service.