SAM.JOFOC.Posting.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Administration of At-Sea Monitoring Fishery Observer Support Services

Identification Number: PR NFFM7910-21-000284

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

The NOAA Acquisition and Grants Office (AGO), Eastern Acquisition Division located in Norfolk, VA, proposes to enter into a contract on the basis of other than full and open competition in support of the National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC), At-Sea Monitoring (ASM) Fishery Observer Program.

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 Atlantic States Marine Fisheries Commission (ASMFC), Arlington, VA. A Sole Source Firm Fixed Price Contract is contemplated for award.

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 Fisheries Sampling Branch (FSB) manages the ASM Program. ASM requirements are detailed under Amendment 16 to the Northeast Multispecies Fishery Management Plan and was implemented in 2010. ASMs collect scientific, management, compliance, and other fisheries data on board commercial fishing vessels. Information is collected through interviews with vessel captains and crew, observations of fishing operations, photographing catch, and measurements of selected portions of the catch and fishing gear. ASM coverage is an integral part of catch monitoring that collects accurate information on catch composition. The data is used to estimate total discards by sectors or state, gear type, and stock area.

In Fiscal Year 2018, Congress instructed NMFS to fully fund the Northeast Multispecies Fishery’s ASM costs. NMFS will continue to be responsible for the vessel selection of groundfish trips for ASM coverage.

This requirement is to manage, enhance, restore and maintain the shared fisheries of the Atlantic coast, with principal emphasis on the conservation and restoration of migratory marine and diadromous fishery resources and their habitat, as well as the maintenance, enhancement, and improvement of public uses and benefits from these resources, including seafood production, recreation, and commerce. ASMFC will support NMFS to accomplish the mission of monitoring catch and the collection of accurate information on catch composition, as well specific objectives of the proposed activities, including:

1) Provide services and support for invoice tracking and reimbursement to the groundfish or herring industry for ASM/Industry Funded Monitoring (IFM) services supplied by ASM/IFM providers.

2) Track and report to NMFS the monthly invoiced amount by sector each month.

3) Track and report to NMFS yearly budget expenditures and remaining dollar amount in contract every quarter.

4) Communicate with Sector/State Managers and NMFS to help ensure compliance with reimbursement.

The period of performance will be October 1, 2021 through September 30, 2022 with an estimated value of for the base year and a total estimated value of or the base and one (1) one (1) year option period. Should the option be exercised, the period of performance would be extended through September 30, 2023.

A base period of one year and one one-year option period are appropriate for the program at this time. The previous acquisition included only a one-year period of performance, as the funds to support the groundfish fleet, which is the impetus behind this contract, was not guaranteed by Congress. When the contract was put in place, the program knew the funding was going to end September 2021 and was unsure if additional funding would be received beyond FY 19, which is why they chose to have only a one-year period of performance. There is variability regarding how much of the fleet will be covered from year to year, e.g., coverage is increasing from 40% of the fleet to 100% of the fleet in May 2022. The extent of coverage is now established by the New England Fishery Management Council, whereas in the past coverage levels were determined by NMFS. There is also uncertainty regarding the level of reimbursement that Congress will dictate each year, e.g., reimbursement rates have fluctuated between 60% of invoices and 100% of invoices between 2016 and 2020. The uncertainties make defining the scope of the requirement from year to year problematic. Given these variabilities, it is in the best interest to establish a shorter duration for this requirement.

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) Subsection 6.302-5, Authorized or required by statute. The specific authority is 41 U.S.C. § 3105 and Section 402(d) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) (Public Law 109-479), codified at 16 U.S.C. § 1881a(d).

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)).

NOAA has statutory authority to enter into a sole source contract with ASMFC to provide these services based upon the following:

Section 402(d) of the MSA (Public Law 109-479), codified at 16 U.S.C. § 1881a(d), authorizes NOAA to provide a contract on a sole-source basis to a Marine Fisheries Commission for the purpose of carrying out fishery information collection or other programs, if the service provider is specified by statute or has “customarily” been a Marine Fisheries Commission. ASMFC is a recognized Marine Fisheries Commission that was established in 1942 by consent and approval of Congress through P.L.

77-539, as amended by P.L. 81-721, 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. Since the reimbursement process began in 2016, ASMFC successfully provided the required services through a sole source grant until September 2020. Starting on October 1, 2020, the reimbursement process has been through a sole source contract with ASMFC. Given ASMFC’s congressional mandate and its history of successfully supporting the NEFSC, it is qualified for a sole source award under the cited provisions of the MSA.

ASMFC’s relationship with the fishing community and understanding of the observer requirements are necessary to fulfill the requirements in this acquisition. ASMFC possesses all the required core knowledge, unique capabilities, and technical and functional expertise required to ensure continuity of operations. The use of ASMFC’s services to fulfill the sole source contract would allow for the ASM reimbursement program to continue without any interruptions.

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)).

In accordance with FAR 5.202(a)(4), since the proposed contract action is expressly authorized or required by a statute to be made to another Government Agency, the requirement was not publicized. The Statue permits other than full and open competition by issuing a sole source award to a Marine Fisheries Commission.

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)).

This acquisition is proposed for award to the ASMFC on a sole source basis. ASMFC has been successfully performing the entire scope through a grant from 2016 until September 2020. Starting on October 1, 2020, the reimbursement process has been through a sole source contract with ASMFC. As discussed above, ASMFC is identified as an authorized source in accordance with 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)).

All facts have been documented. 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)).

No sources have expressed, in writing or otherwise, an interest in the acquisition.

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)).

This contract will be awarded for a maximum period of two (2) years. The incumbent contract with ASMFC has been analyzed and, based on the current success and the statutory authority, no other actions are anticipated. However, NOAA will continue to monitor the coverage and reimbursement requirements to assess whether a sole source award to ASMFC is suitable for future acquisitions.

12. CERTIFICATION

The JOFOC has been prepared and certified by:

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.

Jennifer O’Connell Date Fisheries Sampling Branch NOAA National Marine Fisheries Service

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.

Amy McLiverty Date Contracting Officer Eastern Acquisition Division NOAA Acquisitions and Grants Office

13. CONCURRENCE

Concur

James Rhodes Date Office of General Counsel Contract Law Division U. S. Department of Commerce

Head of Contracting Office

Melissa R. Sampson Date Director/HCO Eastern Acquisition Division Acquisition and Grants Office

O'CONNELL.JENNIFER.100

8627289

Digitally signed by

O'CONNELL.JENNIFER.1008627289

Date: 2021.01.21 08:33:42 -05'00'

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: 2021.01.28 10:50:20 -05'00'

Amy MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMcLiverrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrttyttttttttttttttttttttttt y Contracting Officer

SAMPSON.MELISSA.RENEE.1046644090 Digitally signed by SAMPSON.MELISSA.RENEE.1046644090 Date: 2021.03.09 09:02:14 -05'00'