Description
In accordance with FAR 6.303-1 and FAC 2005-30, this special notice announcement provides the Justification and Approval documents for Noncompetitive Contracts. Sole Source Justification1) Region, Agency and ProgramRegion 7. U.S. Fish and Wildlife Service. Alaska Migratory Bird Co-Management Council 2) Nature and description of action being approvedThe conduct of an in-depth subsistence harvest survey of use of spectacled and Steller's eiders in the North Slope of Alaska. Gather migratory and other bird and egg harvest information on a pictorial guide (OMB Survey Form 7-FW-103) for the correct survey periods in the following North Slope communities: Barrow, Pt. Hope, Wainwright, Nuiqsut, Kaktovik, Anaktuvak Pass, Pt. Lay, Atkasuk. Audit the information for correctness and completeness, and return the information (survey forms) to the Alaska Department of Fish and Game Division of Subsistence, Data Management/Analysis 3) Description of supplies and services required:The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to provide the services and deliverables 4) Statutory AuthorityThe 1997 Protocol Amendment to the 1916 Migratory Bird Treaty between the US and Canada provides for a regulated spring/summer subsistence harvest. This treaty amendment lays the legal groundwork for the tripartite Alaska Migratory Bird Co-Management Council consisting of Federal, State, and Native regional partners. The accompanying report to the amended treaty specifies:1) The need for harvest monitoring2) That harvest estimates will be collected cooperatively by the Council, including:a. U.S. Fish and Wildlife Serviceb. Alaska Department of Fish and Game (ADF&G)c. Native regional partnersThe March 28, 2000, Federal Register notice, Establishment of Management Bodies in Alaska to Develop Recommendations Related to the Spring/Summer Harvest of Migratory Birds, (Volume 65, No. 60) states that annual funding agreements with Alaska Native organizations, ADF&G, and others will be used to accomplish harvest monitoring. This Federal Register notice listed the 12 Native regional partner organizations, including the North Slope Borough, on page 16,408. The April 8, 2002, Federal Register Notice, Procedures for Establishing Spring/Summer Subsistence Harvest Regulations for Migratory Birds in Alaska, establishes the program structure for the Alaska Migratory Bird Co-Management Council. It states in section (c), Roles and Responsibilities, that the Council will develop recommendations for harvest monitoring, and will establish committees to gather or review data. A North Slope Borough representative is on the Council, and two North Slope Borough representatives are on the Council's Harvest Survey Technical Committee. The North Slope Borough has a harvest monitoring system already in place in the North Slope region, which monitors harvests of several other wildlife and fish species. This includes contacts in its member villages, and an office in Barrow with trained and experienced harvest survey personnel. So, in addition to the fact that the North Slope is a regional partner organization of the Council which is legally charged with gathering the data, it will be most cost efficient to use the North Slope Borough's existing system rather than setting up a duplicative system.The North Slope Borough is one of the three organizations that meets circumstance #5, Authorized by Statute.The North Slope Borough and ADF&G meet circumstance #1, in that they are the only responsible sources that will meet the agency requirement. However, because the North Slope Borough has the personnel, experience, and expertise in the area, if ADF&G were awarded the contract, they would have to subcontract with the North Slope Borough, so it is more efficient for the Service to contract directly with the North Slope Borough. 5) Why does the proposed contractor's unique qualifications or the nature of the acquisition require the use of the authority cited in item (4)?The nature of the acquisition requires the use of the authority cited in item (4), because the data being provided by the acquisition helps fulfill the requirement that harvest monitoring be conducted cooperatively by the three members of the organization. Also, the North Slope Borough has unique qualifications, as outlined under (4) above. 6) What effort was made to ensure that offers were solicited from as many potential sources as is practical?Among the three members of the Co-Management Council, potential sources were asked whether they had experienced personnel to conduct this work. Through past surveys or survey attempts, knowledge was gained of who within the Co-Management Council has the experience necessary to conduct harvest monitoring. In addition, a preprocurement notice was issued on FedBizOpps with USFWS' intention to award a sole source procurement. No other responses were received. 7) The anticipated cost to the government will be fair and reasonable. The costs for doing these projects, in the areas where the Service does not have the field personnel, experience and expertise, is no more than the costs to do similar projects in the areas where the Service does have the experienced personnel. 8) Description of Market SurveyThe requirement in the legislation and statutes is that this information be gathered cooperatively, by the three members of the Council. Therefore, those in the commercial marketplace who are not members of the council, would not qualify. Native organizations who are members of the council, are being involved through contracts and subcontracts, in the areas where they have the personnel, experience, and expertise. 9) Any other facts supporting the use of other than full and open competition:Tribal councils and tribal members anticipate the subsistence harvest survey will be conducted by the North Slope Borough. Their participation in the harvest survey is voluntary. It is probable that if another contractor were selected that they would refuse to participate in the survey. Without tribal and individual participation, the harvest data necessary to manage trust resources would not be available. 10) Any sources that expressed in writing an interest in the procurement.Shelly Adams of AMEC Earth and Environmental responded to the preprocurement notice seeking additional information. She did not express any other interest. To date, no other sources have written to express an interest. 11) The agency has taken all possible actions to remove or overcome any barriers to competition before any subsequent acquisition for supplies of services is required.