Scientific, Technical, and Mission Support Services for NCCOS

LIMITED SOURCE(S)/BRAND NAME JUSTIFICATION FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD (AUTHORITY: FAR 8.405-6) EA-133C-11-BR-0026/T-0009 This acquisition is conducted under the authority of the Multiple Award Schedule Program. 1. Agency and contracting activity. Department of Commerce (DOC), National Oceanic Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD) and the National Centers for Coastal Ocean Science (NCCOS). 2. Nature and/or description of the action being approved. This is a limited source justification for a modification to an existing order. The DOC, NOAA, AGO, EAD, Norfolk, VA intends to issue a modification to the single award, time-and-materials call order EA133C-11-BR-0026/T-0009 with Jardon and Howard Technologies (JHT) to increase the order ceiling and extend the period of performance under the authority of FAR 8.405-6(a)(1)(i)(B). A three and a half month extension valued at $699,683.05 is required to ensure continuity of services through June 30, 2018, while a Government Accountability Office (GAO) protest is being resolved. The Contracting Officer (CO) received a protest from one of the offerors associated with Solicitation No. NCNS4000-17-00042 on February 16, 2018, and immediately notified the awardee, Consolidated Safety Services, Inc. (CSS) and placed a stop-work order on February 22, 2018, as required by law. The current call order expires March 18, 2018. One extension consisting of approximately three and a half months is necessary to ensure that the GAO protest is fully resolved prior to award of a new call order. A detailed breakdown exhibiting the estimated quantities and applicable contract line items is included in Table 1. LINE ITEM LABOR CATEGORY ESTIMATED HOURS HOURLY RATE EXTENDED PRICE 0001 ADMIN SPEC I 592 $28.45 $60,842.40 0002 LAB TECHNICIAN 600 $33.27 $19,962.00 0003 PROJECT MANAGER I 600 $47.56 $28,536.00 0004 PROJECT MANAGER IV 600 $65.10 $39,060.00 0005 PROJECT MANAGER V 600 $69.35 $41,610.00 0006 SCIENTIST I 600 $53.07 $31,842.00 0007 SCIENTIST IV 1220 $79.44 $96,916.80 0008 BIOLOGIST I 888 $36.95 $32,811.60 0009 BIOLOGIST II 1200 $42.27 $50,724.00 0010 BIOLOGIST II DIVE 20 $52.84 $1056.80 0011 BIOLOGIST III 3600 $48.91 $176,076.00 0012 BIOLOGIST IV 2076 $54.32 $112,768.32 BIOLOGIST VI 10 $69.17 $691.70 0013 PHYSIOLOGIST I 1200 $22.00 $26,400.00 0014 PHYSIOLOGIST DIVE 10 $27.50 $275.00 0015 TRAVEL -- -- $20,749.00 0016 G&A -- -- $2,361.24 TOTAL $699,683.05 Table 1 - LABOR CATEGORIES AND HOURS 3. Description of the supplies or services required to meet the agency's needs (including the estimated value). This call order provides support in scientific research and guidance to preserve, protect, and enhance NOAA-trusted resources in a sound balance of ecology and economics. The Applied Ecology and Restoration Research Branch of the NCCOS Center for Coastal Fisheries and Habitat Research (CCFHR) provides coastal managers with anticipatory and timely, peer-reviewed team science on the ecology and restoration of NOAA-trusted resources. Science-based management products are derived from the development of manipulative and mensurative experiments to test hypotheses that facilitate mitigation and restoration of trusted ecosystems. The Branch creates customized research products and geospatial tools for measuring and forecasting the effects of stressors on trusted resources and their recovery, forecasts the consequences of sea-level rise on ecosystem structure and function, and contributes to guidance of coastal managers on the ecological and economic consequences of invasive species and gear impacts. The labor categories listed in Table 1 available under this call order are needed in order to continue these necessary services without threat of interruption beginning March 19, 2018. Extending the performance period from March 18, 2018, to June 30, 2018, is valued at $699,683.05 and increases the maximum dollar value by $699,683.05 from $2,504,783.00 to $3,204,466.05. The three-month order extension and ceiling increase is necessary to ensure the scientific and technical support services to the NCCOS CCFHR are uninterrupted while the GAO determines the status of the protested concern. JHT, the incumbent contractor, is the only source capable of providing centralized support services, without interruption, for the research activities described above. This increase is needed to ensure there is no break in service to the NCCOS CCFHR and that adequate time is provided for contract start-up activities and coordination of services. 4. Authority and supporting rationale. The following circumstance justifies limiting the source as supported below: Only one source under the authority of FAR 8.405-6(a)(1)(i)(B) - Only one source is capable of providing the services required at the level of quality required because the services are unique or highly specialized. A ceiling increase and a limited extension to the period of performance are needed because of the GAO protest filed against the follow-on contract on February 16, 2018. The current call order expires on March 18, 2018. This timeframe does not allow sufficient time for start-up activities, coordination of services and phasing in of the new contract which is necessary to prevent a disruption of services. There is not an adequate amount of time to ensure that sufficient competition will take place such that an award can be made to a vendor capable of conducting research at the CCFHR that is of a very high scientific level where the understanding of coastal ecosystem changes and the constantly advancing scientific capabilities are applied to questions and issues. The programs encompass a broad area of research and there is uncertainty in the level of effort associated with the required services. As such, NOAA is ensuring every possible means is undertaken so that there is adequate time to ensure uninterrupted services. Unless the instant action is awarded, support services across many scientific disciplines and programs, including Modeling, Data Visualization, and Assessment; Aquaculture and Invasive Species; and Living Marine Resources, could be in jeopardy. An increase to the call order ceiling and extension to the period of performance is needed because without these scientific support services, research conducted at the CCFHR on estuarine processes, nearshore and ocean ecosystems biological productivity, harmful algal blooms, dynamics of coastal and reef fishery resources, and effects of human influences on resource productivity as well as research on gaining an understanding of the ecological effects of coastal habitat and resource change and on developing forecasts, will be at risk. 5. Determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d). The extended period of performance will incorporate pricing established at award in the schedule of the call order for option year four. Pricing in the call order was determined fair and reasonable at the time of award using price analysis techniques. The price analysis revealed that current JHT pricing reflects approximately a 1-1.5% discount versus comparable services under General Services Administration (GSA) Federal Supply Schedule (FSS). 6. Market research conducted among schedule holders (or reason market research was not conducted). Although sources are available that could potentially fulfill the requirement, the only source that can immediately perform all of the services without causing service interruption is the incumbent, JHT. Start-up/transition to another service provider would take approximately 30 days in order for the Contractor to become familiar with the tasks to be performed, applicable supplies, operation of equipment, procedures, and programs. Since the Scientific, Technical, and Mission support services are required on an ongoing basis, the incumbent contractor, JHT, is the only feasible source until the GAO decision is issued and a new BPA can be awarded. Efforts to obtain competition for the extension is not undertaken as time is now insufficient for an orderly transition to another contractor. Efforts to compete this extension would result in an unacceptable delay and disruption to ongoing research projects. 7. Any other facts supporting the justification. All supporting facts have been documented herein. 8. Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for supplies and services is made. Work performed under the subject call order is within scope of a competed BPA. A stop-work order was issued for the newly awarded BPA and will remain in effect until the GAO decision is issued. 9. 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. __________________________________ ________________ Karen Laskowski Date (NCCOS, COR) 10. 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. 11. 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. ____________________________________ ________________ Tiffany Squyres Date Contracting Officer 12. Office of General Counsel Concurrence. Concur ____________________________________ ________________ Florence N. Bridges Date Office of General Counsel