Sole Source-HMK_Redacted.pdf

Version 3.0

Source Selection Information – see FAR 2.101 and 3.104

SOLE SOURCE

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)

NF-FKP100-21-01818

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Eastern Acquisition Division and National Marine Fisheries (NMFS) and Office of Protected Resources (OPR).

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

This is a sole source justification for a follow-on to an existing contract with HMK Consulting, Inc.

(HMK). EAD intends to award one Firm Fixed Price contract to HMK in support of continued expansion, improvement, and maintenance of the Authorizations and Permits for Protected Species (APPS) online system. The current contract number is EA-133F-16-SE-0813.

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

This contract will cover the continued expansion, improvement, and maintenance of the Authorizations and Permits for Protected Species (APPS) online system (https://apps.nmfs.noaa.gov).

The Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) provide NMFS the authority to issue permits and authorizations for specific activities involving protected species. APPS is NMFS’ existing web-based permit application, database, and tracking system.

Members of the public can use APPS to submit, track, and query applications and reports online.

Permit analysts at NMFS HQ, NMFS West Coast Region, and the Oregon Department of Fish and Wildlife process applications and manage workload using this system.

APPS is an integral part of NMFS’ mission to manage protected species and is widely used by researchers, the general public, and state, tribal, and federal wildlife managers. The NMFS Office of Protected Resources has a need for services to continue maintenance, troubleshooting, improvement, and expansion of the APPS system.

There are 4,094 users with APPS accounts. Over 1000 of those have logged in during the past year. Since its launch, 12,945 permits and 6,298 modifications have been processed. Over 16,000 reports have been submitted. There are currently 565 active permits and authorizations.

The continued improvement, expansion, and smooth operation of APPS is necessary to continue to support NMFS’ protected species missions and its constituents. The contract would be for a base year and four one year option periods with each year’s maximum award not to exceed estimated total of $

4. Statutory authority permitting the sole source (including brand name) acquisition 41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

NF-FKP100-21-01818

Source Selection Information – see FAR 2.101 and 3.104

□ 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:

Only one source- Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Explain the basis as to why the Government believes only the limited source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. HMK Consulting is the creator, designer and programmer of the APPS system. HMK developed APPS as a program for NMFS over 15 years ago. APPS was custom-designed to meet NMFS’ needs for this project, and HMK does not sell it to anyone else. They do not authorize other vendors to provide software maintenance, provide upgrades, bug fixes, or software patches. Furthermore, the APPS software is written for a very specific purpose: for people applying for permits to work on protected species under very specific requirements of the laws that protect these species (the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA)). It is not a system that would be applicable to many other people or industries, unlike say, payroll management software.

It is imperative that APPS continue to serve NMFS and our constituents in order to meet our mandates under the MMPA and ESA. There is no alternative software that could perform such tasks. NMFS needs to continue to expand and improve APPS, in addition to keeping required APPS maintenance and troubleshooting capabilities. A number of APPS program improvements have been identified to ensure the system matches our revised OMB-approved application instructions. if HMK is not chosen a large effort would need to be made to find a vendor that would have to create a new system that meets all of the NMFS OPR requirements

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.

During previous open bid contracts for developing and maintaining APPS, HMK Consulting was determined to be the preferred provider based on price, skills, experience, and knowledge.

A notice of Intention to Sole Source was posted in beta.sam.gov on May 5, 2021. As of May 17, 2021 no sources have expressed interest in participating in this Solicitation.

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

Prior to award of the proposed contract, pricing information shall be obtained from the contractor and a price analysis will be performed and documented to sufficiently determine that the price to the Government of the proposed acquisition will be fair and reasonable in accordance with FAR 13.50l (a)(2). The prices proposed will be compared to prices found reasonable on previous purchases for the same or similar services, and the Independent Government Cost Estimate (IGCE). In addition historical pricing data from previous contracts will be utilized to determine if cost is fair and reasonable.

Source Selection Information – see FAR 2.101 and 3.104

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

See section 6

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

All pertinent facts have been documented within other sections of this document. There are no additional facts to be reported in this section.

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

HMK is the only source that has 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.

Further market research to gauge the marketplace capabilities will be conducted for future Procurements.

12. Technical/Requirements Representative Certification. (Required per FAR 8.405- 6(c)(2)(x))

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.

Pattie Schulke Date Administrative Officer, Office of Protected Resources

13. Approving Official Determination of Circumstance Applicability.

In accordance with the requirement at FAR 8.405-6(c)(2)(xi), the undersigned approving official for this justification hereby determines the circumstance cited above at #4, Authority and supporting rationale, applies to this acquisition.

Contracting Officer’s Certification and Approval I certify this justification is accurate and complete to the best of my knowledge and belief.

For justifications >$150K up to $700K, my signature also serves as approval of the justification.

Elizabeth Eichelberger Date Contracting Officer

14. Office of General Counsel Concurrence. (Required per CAM 1301.71)

5/19/2021

SCHULKE.PATTIE.MARIE.15869428

Digitally signed by

SCHULKE.PATTIE.MARIE.1586942820

Date: 2021.05.19 14:01:16 -04'00'

6/4/2021

Source Selection Information – see FAR 2.101 and 3.104

Date

Concur

John Guinan, Acting Chief, Contract Law Division Office of the General Counsel

06/04/2021