REDACTED 1305M322CNFFR0042 Sole Source Justification FE.pdf

Version 3.0

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, 41 USC 3304(a)(5) - Authorized or required by statute)

NF-FR7100-22-01724

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

Office (AGO), Western Acquisition Division (WAD) and the Southwest Fisheries Science Center

(SWFSC).

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

This is a sole source justification for a follow-on contract to previously awarded sole source contracts providing data collection services, data entry, training in sampling methodology, and sampling of Pacific Albacore, Pacific Bluefin Tuna and groundfish. Previously awarded contracts include RA133F15SE0663, 1305M321PNFFR0365, WE133F11SE1663, and AB133F11CQ0032.

Purchase request NF-FR7100-22-01724 will result in a Firm-Fixed Price (FFP) sole source contract with the Pacific States Marine Fisheries Commission (PSMFC).

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

The Fisheries Resources Division (FRD) at the Southwest Fisheries Science Center (SWFSC) monitors Highly Migratory Species (HMS) stocks off the West Coast of the United States as outlined by the HMS Fishery Management Plan (HMS-FMP) of the Pacific Fishery Management Council (PFMC). The HMS assemblage is comprised of several species of marine fishes including the economically valuable North Pacific Albacore and Pacific Bluefin Tuna. Groundfish are also managed by the PFMC under the Groundfish Fishery Management Plan (G-FMP).

This contract is to obtain sampling services and collect fisheries data from the commercial Albacore troll and pole-and-line fisheries operating off the U.S. West Coast, through State Fisheries agencies. Port samplers will collect fish size composition data from the North Pacific Albacore troll fishery through a dock-side (port) sampling program. The Sportfishing Association of California (SAC) will conduct at-sea on vessel sampling of Bluefin Tuna and specific groundfish species (pilot study). The PSFMC will provide data entry and data management of HMS fishery logbooks and provide the completed data to the SWFSC’s Fisheries Monitoring program which is mandated to provide Regional Fisheries Management Organizations with fisheries data.

The expected Period of Performance for this contract will be August 01, 2022 – July 31, 2024 (including a base period and a one-year option period). The total estimated value of this contract is $575,030.00.

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

41 U.S.C. 1901, using SAP up to $7.5M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

41 U.S.C. 1903, using SAP up to $15M 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 as supported below:

Authorized by Statute (41 USC 3304(a)(5)): Section 402(d), 109-479(d) of the Magnuson-Stevens Act (MSA), codified at 16 U.S.C. § 1881a(d) permits NOAA to contract on a sole source basis to a Marine Fisheries Commission for the purpose of carrying out information collection or other programs if the recipient of the contract is specified by statute to be, or has customarily been a Marine Fisheries Commission. The term “Marine Fisheries Commission” is defined in 16 U.S.C. § 1802 and means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific States Marine Fisheries Commission.

As part of this contract, the PSMFC will perform data collection services (including data from commercial Albacore troll and pole-and-line fisheries operating off the U.S. West Coast and recreational fisheries targeting tunas and groundfish in Southern California), as well as data entry, training in sampling methodology, and establishing a pilot program for vessel sampling of groundfish. The PSMFC has existing data management and data confidentiality agreements in place with the States of California, Oregon, and Washington allowing the collection of data from these sources to be prepared and provided to the SWFSC. These services have been customarily performed by the PSMFC on the aforementioned previously awarded contracts.

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.

The PSMFC is authorized by statute to perform the services required under this contract.

Additionally, in accordance with the exception listed at FAR 5.202(a)(4), the Contracting Officer is not required to post a notice required by FAR 5.201. However, a redacted version of this approved justification shall be made publicly available within 14 days after contract award on the governmentwide point of entry (GPE) at SAM.gov, in accordance with FAR 6.305(a).

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

Determination of fair and reasonable price will be completed by the Contracting Officer prior to contract award in accordance with the procedures listed at FAR 13.106-3(a)(2). Prices on the aforementioned previously awarded contracts with PSMFC were determined to be fair and reasonable and future prices are expected to remain so. Additionally, prices quoted by the PSMFC are easily verifiable with an Independent Government Estimate. Itemization of specific costs incurred for these services are also available from State Agencies.

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

Market research was conducted in accordance with FAR Part 10 to obtain information on previously awarded sole source contracts to PSMFC for the services required for this follow-on contract. Additional market research to identify alternate sources for this contract was not conducted as a sole source award to PSMFC is authorized by statute.

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

N/A

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

N/A

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.

No actions are planned to foster competition at this time. An effort to post an RFI in the future will be made to determine market interest. However, the proposed contractor is unique in that they are authorized by statute, and have current agreements with the Oregon Department of Fish and Wildlife, Washington Department of Fish and Wildlife, and Sportfishing Association of California (SAC) to obtain port sampling services as allowed under the Magnuson-Stevens Act in accordance with 16 U.S.C. 1881a-1881b which allows a sole source to commissions for data collection. In addition, only state employed samplers can obtain the proprietary landings information that is required.

12. 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.

Date

Dale Sweetnam, FRD Deputy Directo______________________________________r 6/2/2022

SWEETNAM.DALE.A.1

408158296

Digitally signed by

SWEETNAM.DALE.A.1408158296

Date: 2022.06.02 12:25:07 -07'00'

13. Office of General Counsel Concurrence

Concur

Rebecca Bailey Jacobsen, Attorney Date Office of General Counsel

14. Contracting Officer’s Certification and Approval

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

Approve

Kayla Johnson Date Contracting Officer

REBECCA JACOBSEN

Digitally signed by REBECCA

JACOBSEN

Date: 2022.06.08 12:46:41 -04'00'

JOHNSON.KAYLA.E

VELYN.1541936510

Digitally signed by

JOHNSON.KAYLA.EVELYN.15419

36510 Date: 2022.06.08 17:00:49 -07'00'