NF-FO1000-23-02458 Sole Source Justification_Redacted.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) Purchase Request # NF-FO1000-23-02458

1. Agency and contracting activity.

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) in support of NOAA’s National Marine Fisheries Service (NMFS), West Coast Regional Office (WCR), Sustainable Fisheries Division (SFD).

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

This is a sole source justification for a new Firm-Fixed-Price (FFP) requirement with the Pacific States Marine Fisheries Commission (PSMFC) (Unique Entity ID N4DSAJYQETA5, located at 205 SE Spokane ST, STE 100, Portland, OR 97202-6487) for the administration of the WCR Electronic Monitoring (EM) Reimbursement Program.

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

The NMFS WCR SFD manages the West Coast Groundfish EM Program, which is designed as an alternative to the use of human observers in the Trawl Rationalization Program (Trawl Program).

EM uses cameras and associated sensors to record and monitor fishing activities while a vessel is operating at sea. Video data is later reviewed by an analyst onshore to collect catch and effort information. EM is an integral part of catch monitoring that collects accurate information on catch composition. The data are used to estimate total discards by vessel operators and/or sectors. The purpose of the EM Program is to satisfy the requirement of the Trawl Program for vessels to carry an observer on every trip, a cost industry pays for through private contractual arrangements with Observer Provider companies. The EM Program is established in regulation at 50 CFR 660.603.

This contract is to provide services and support for invoice tracking and reimbursement to the groundfish industry for EM video review services supplied by NMFS certified EM service providers. The contractor will manage the reimbursement process by tracking and reporting to NMFS on a monthly basis the amounts invoiced by sector (bottom trawl, fixed gear, non-whiting midwater, shoreside whiting, mothership whiting), tracking and reporting to NMFS on a quarterly basis the cumulative annual expenditures and funds remaining on the contract, and communicating with sector managers, vessel owners, providers, and NMFS WCR SFD to ensure compliance with the reimbursement process.

The expected period of performance of this acquisition will be from January 1, 2024 – December 31, 2028, and include a twelve (12) month base period and four (4) twelve (12) month option periods.

The total estimated value of this acquisition, inclusive of the base and all option periods, is

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

Χ 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:

The use of a sole source for this acquisition is authorized by statute under Section 402(d), 109-479(d) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), codified at 16 U.S.C § 1881a(d). The MSA permits NOAA to contract on a sole source basis with 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 PSMFC is a recognized Marine Fisheries Commission that was established in 1947 by the consent and approval of Congress through Public Law (P.L.) 232, as amended by P.L. 87-766 in 1962 and P.L. 91-315 in 1970, with a mission to promote the better utilization of fisheries and to support policies and actions to conserve, develop, and manage fishery resources. For the past 13 years, PSMFC has provided the EM video review services to WCR and has been the source for all cost estimates, budget tracking and refining the protocols and procedures necessary for the new EM review third-party system, and has been the sole grantee for the WCR EM Reimbursement Program. Starting January 1, 2024, EM video review services will officially transition from being performed under NOAA grants to industry providers, in accordance with the regulatory framework NMFS published between 2013 and 2021. Through this acquisition, PSMFC will continue to perform the role of providing budget tracking and reimbursement payments for these services. PSMFC’s relationship within the fishing community and understanding of the EM requirements makes the Commission uniquely qualified to continue providing the services required by this acquisition.

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.

In accordance with FAR 5.202(a)(4) a notice of the proposed contract action is not required to be publicized prior to contract award, as it is expressly authorized by statute. However, in accordance with FAR 6.305(a) a copy of the redacted sole source justification will be publicized at the Government Point of Entry (GPE), 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.

The Contracting Officer determines that the anticipated price will be fair and reasonable in accordance with FAR 13.106-3(a)(2). Prior to the award of the proposed contract, price information will be obtained from the contractor and a price analysis will be performed and documented to sufficiently determine if the price of the proposed acquisition is fair and reasonable.

If pricing is unfair and unreasonable, contract award will not be made.

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 PSMFC has been successfully performing the services required by this proposed contract for 13 years. FAR 6.302-5 states that full and open competition need not be provided for when a statute expressly authorizes a specific source. As such, there is no requirement to identify alternate sources, and for this reason no additional market research was conducted.

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

All supporting facts have been documented herein.

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

N/A – No sources have expressed an interest in the acquisition.

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.

This contract will be awarded with an expected period of performance of January 1, 2024 – December 31, 2028, during which time the Program Office and the Western Acquisition Division (WAD) will determine if a sole source contract award to PSMFC remains suitable for future acquisitions.

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.

13. Office of General Counsel Review

Review

14. Contracting Officer’s Certification

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

15. NOAA Competition Advocate Approval:

Approve