GSA Federal Supply Schedule (FSS) Contract Number GS-10F-0037R, Task Order Number DG 133C-06-NC-0518 provides support to NOAA's Office of Response and Restoration (ORR) response, damage assessment, administrative functions, and mission critical work.

LIMITED SOURCES JUSTIFICATION FEDERAL SUPPLY SCHEDULE AWARD (FAR 8.4) 1. Authority: The acquisition was conducted under the authority of the Multiple-Award Schedule (MAS) Program. The statutory authorities for the MAS program are Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title 40 U.S.C.501, Services for Executive Agencies. 2. Contracting Agency and Activity: NOAA, Acquisition and Grants Office Eastern Acquisition Division - Kansas City Office (EAD) 601 E. 12th Street, Room 1756 Kansas City, MO 64106 3. Nature and/or description of action being approved: The NOS office has delegated trustee responsibilities under the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund), the Oil Pollution Act (OPA) of 1990, and implementing Executive Orders and Regulations. In order to support these responsibilities and to assist NOAA with continued efforts to achieve cooperative settlements with potential responsible parties (PRPs), this action is being approved as a modification to GSA Federal Supply Schedule (FSS) Contract Number GS-10F-0037R, Task Order Number DG 133C-06-NC-0518 with I.M. Systems Group (IMSG) increasing the estimated ceiling price by $645,000.00 based on calculations from the contractor's monthly "burn rate" (i.e., the monthly average of cost being incurred on the work effort). In addition, this action extends the period of performance for two months from February 1, 2013 through March 31, 2013. This action includes, if needed, two (2) one month option periods, extending the final period of performance to May 31, 2013, to allow EAD enough time to complete award of new contract and complete a successful and seamless transition to a potential new contractor. 4. Description of Supplies or Services required to meet the agency's needs (including estimated value): Task Order DG133C-06-NC-0518 provides ongoing support to NOAA's Office of Response and Restoration (ORR) response, damage assessment, administrative functions, and mission critical work. Services provided under the task order include assisting with prevention and preparedness, response, restoration and protection of coastal habitats and resources from oil spills, hazardous material release, and other activities that could degrade environmental quality. IMSG provides mission critical assistance with formulating policy, long-range strategic plans, research and development and marine debris investigation. The services required are primarily supporting NOAA in the ongoing litigation with BP associated with the Deepwater Horizon Spill in the Gulf of Mexico. These services are currently being re-competed. The proposed ceiling increase and contract extension will provide continuity of services and operations for NOS for two additional months and if needed with two (2) one month options. The estimated dollar value of the action, inclusive of all options, is $645,000.00. 5. The authority and supporting rational and, if applicable, a demonstration of the proposed contractor's unique qualifications to provide the required supply or service: The authority for this action is FAR 8.405-6(a)(1)(i)(C), in the interest of economy and efficiency, the new work is a logical follow-on to the original Federal Supply Schedule order DG133C-06-NC-0518 which was awarded to IMSG. Moreover, the order was awarded as a result of a competitive acquisition procedure conducted under GSA Federal Supply Schedule. The continuation of services provided by IMSG is vital to supporting the mission of NOS and NOAA's ongoing litigation with BP. An interruption in services, pending award of the new contract, would have a significant impact on the day-to-day operations of NOS and the pending litigation and settlement with BP. OR&R would not be able to provide support to the Technical Work Groups (TWG) with data management needs related to the Deepwater Horizon Natural Resource Damage Assessment activities. Also, NOS would not be capable of supporting the continued maintenance and testing of the Environmental Response Management Application (ERMA), a proven web-based common operational platform that has data stores DWH information. In addition, the inability to provide on-scene scientific support activities and scientific support for operational decisions during oils spills and other emergencies would have significant impacts to OR&R's ability to meet NOAA's mission. These services are currently being re-competed as a commercial service on the open market as a small business set-aside, with an anticipated award date between February 2013, and early March 2013. 6. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d): The ordering activity has determined that increasing the ceiling price and extending the period of performance represent a best value (as defined by FAR 2.101) and result in the lowest overall cost alternative (considering price, special features and administrative costs). Services offered on the contract are priced at fixed price hourly labor rates pursuant to the GSA schedule, less a 4% discount. Furthermore, GSA has already determined that the rates for services offered at hourly rates are fair and reasonable (FAR 8.404(d)). 7. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted: Market research was collected and analyzed prior to award of task order. The information obtained from schedule holders did demonstrate their capabilities to satisfy NOAA's need. Therefore, the existing task order with IMSG was awarded pursuant to the ordering procedures at FAR 8.405-2. However, this action is required to continue uninterrupted services under this task order pending award of a new contract, and the forthcoming re-compete action will also include market research as required by the FAR. These services are vital to the pending litigation and settlement with BP and must be continued without interruption. At this time, EAD has no other option but to issue a modification to increase this task order ceiling amount and extend services in the interest of economy and efficiency as a short-term bridge to the follow-on competitive acquisition. 8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: The increase in the estimated ceiling price and extending the period of performance is necessary to avoid any interruption in performing of mission-critical activities. This action will provide sufficient time for NOAA to compete and award a new contract. These services are currently being re-competed as a commercial service on the open market as a small business set-aside with an anticipated award date between February 2013, and early March 2013. EAD is taking action during re-compete of this requirement, which is scheduled for award between February 2013, and early March 2013, to remove the need for restricted consideration in the future. 9. Technical or Requirements Personnel Certification This is to certify that the supporting information which forms the basis for this justification are the responsibility of the undersigned program office personnel and are accurate and complete. ___________________________________ ______________ Christopher Cartwright Date Chief Financial Officer National Ocean Service 10. The ordering activity contracting officer's certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief: This is to certify that the Limited Sources Justification has been reviewed and that, to the best of my knowledge and belief, the information provided to support the rationale and recommendation for approval is accurate and complete. __________________________________ ______________ James Price Date Contracting Officer Eastern Region Acquisition Division