[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Notices]
[Pages 2109-2111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-564]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Availability of Final Contracting Policy

AGENCY: National Ocean Service, National Oceanic and Atmospheric 
Administration (NOAA), Department of Commerce.

ACTION: Notice of Availability of Final NOAA Ocean and Coastal Mapping 
Contracting Policy.

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SUMMARY: The NOAA National Ocean Service is publishing the NOAA Ocean 
and Coastal Mapping Contracting Policy. This replaces the 2006 NOAA 
Hydrographic Services Contracting Policy.

DATES: No comments are solicited through this notice.

FOR FURTHER INFORMATION CONTACT: Roger L. Parsons, NOAA, Office of 
Coast Survey, National Ocean Service (NOS), NOAA (N/CS), 1315 East West 
Highway, Silver Spring, Maryland 20910; Telephone: 301-713-2776 x205, 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The contracting policy for ocean and coastal 
mapping services within the National Oceanic and Atmospheric 
Administration is final.

Background

    NOAA promulgated an Ocean and Coastal Mapping Contracting Policy in 
response to the Omnibus Public Land Management Act of 2009 (Pub. L. 
111-11), specifically the Ocean and Coastal Mapping Integration Act 
(Act), 33 U.S.C. 3501 et seq., which states: ``The Administrator shall 
continue developing a strategy for expanding contracting with non-
governmental entities to minimize duplication and take maximum 
advantage of non-governmental capabilities in fulfilling the 
Administration's mapping and charting responsibilities.'' House Report 
108-56, which accompanied the FY2005 Consolidated Appropriations Act, 
had previously directed NOAA to expand contracting with non-
governmental entities, but at that time, Congress limited this to 
hydrographic services programs funded under the ``Mapping and 
Charting'' section of the NOAA Budget. The 2009 contracting policy 
broadens the scope of NOAA's contracting efforts beyond ``hydrographic 
services'' to include ``ocean and coastal mapping'' services as defined 
in the Act.
    NOAA primarily utilized the Hydrographic Services Review Panel 
(HSRP), a Federal Advisory Committee, and the public comment process to 
reevaluate its 2006 Hydrographic Services Contracting Policy. NOAA 
first sought input from the HSRP on the revised policy during a June 
22, 2009, open public meeting/teleconference. During the meeting, the 
HSRP requested more time to review the revised policy and asked to have 
the topic discussed at the next regularly-scheduled meeting. NOAA 
placed the topic on the agenda for the September 23-24, 2009, HSRP 
meeting in Duluth, Minnesota. In the interim, NOAA published an August 
19, 2009, notice in the Federal Register seeking public comment on the 
draft policy and providing a Web page whereby the public could review 
additional relevant documents, including the 2006 policy, a summary of 
proposed changes, and the Act. In addition to this public comment 
period, the public had an opportunity to provide both written and 
verbal comment at the June 22, 2009, and September 23--24, 2009, HSRP 
open public meetings. The Federal Register Notices announcing these two 
meetings, published on June 3, 2009, June 9, 2009, and September 2, 
2009, stated the opportunities to provide both written and verbal 
comment at the two meetings. Written public comments were distributed 
to the members of the HSRP.
    At the September 23-24, 2009, public meeting, the HSRP discussed 
the proposed draft NOAA Ocean and Coastal Mapping Contracting Policy 
and made the following recommendation: ``The HSRP finds that NOAA's 
existing Hydrographic Services Contracting Policy is fairly and 
adequately constructed. The HSRP recommends that NOAA limit revisions 
to the policy, making only those precise language changes required to 
conform to the Ocean and Coastal Mapping Integration Act.''
    NOAA subsequently made limited revisions to the 2006 policy. The 
intent of the revisions is to broaden the scope of the policy beyond 
hydrographic services to include other NOAA ocean and coastal mapping 
activities and to clarify some of the wording in the 2006 policy.
    Below is a summary of the substance of responsive public comments 
received and the resulting changes made to the policy based on those 
comments. Seven sets of comments were received; however, several 
comments were considered non-responsive to the draft policy.
    Public comments were received that expressed concern that the 
revised language would potentially establish a new policy rationale and 
justification to avoid contracting, decrease contract support, or 
increase the opportunity for funds to be used by NOAA to compete with 
private industry. However, the revised policy does not reflect a change 
in NOAA's intent, which remains to contract for ocean and coastal 
mapping services when contracting is determined to be a cost-effective 
method of obtaining these services and to the extent funding is 
available.
    Public comments were received that included concern over draft 
language that three conditions must be satisfied before NOAA contracted 
for ocean and coastal mapping services: the existence of qualified 
commercial sources, when contracting is determined to be the most cost-
effective method of conducting these functions, and funding is 
available. After consideration, NOAA retained these conditions in the 
policy.
    Public comments were received that included positive feedback 
concerning NOAA's use of Title IX of the Federal Property and 
Administrative Services Act (Brooks Act). It was requested that NOAA 
provide clarification in the policy of the statement ``where otherwise 
deemed appropriate'' when applying Title IX. NOAA believes the policy, 
as written, is clear. NOAA will procure the acquisition of hydrographic 
data in accordance with Title IX. When procuring the acquisition of 
data that

[[Page 2110]]

are not considered hydrographic data, NOAA will, in compliance with the 
Federal Acquisition Regulations, use its discretion in determining the 
most appropriate contracting vehicle to use, including Title IX.
    Public comments were received that included concern over the 
removal of a reference to NOAA's annual hydrographic training and field 
procedures workshops. This section was removed from the policy because 
it was not directly related to the contracting process; however, it is 
NOAA's intent to invite NOAA contractors to future workshops. Also, as 
stated in the policy, future training opportunities for contractors are 
envisioned at NOAA's Ocean and Coastal Mapping Training Center, once 
established.
    Public comments were received that expressed concern over draft 
language which provided examples of mapping activities that NOAA 
considers inherently governmental. After review, NOAA concurred that 
several of the draft examples were not inherently governmental and 
therefore eliminated those from the final policy.

NOAA Ocean and Coastal Mapping Contracting Policy

    The National Oceanic and Atmospheric Administration (NOAA) 
recognizes that qualified commercial sources can provide competent, 
professional, and cost-effective ocean and coastal mapping services and 
expertise to NOAA in support of its diverse mapping missions. NOAA also 
recognizes that providing mapping services is a core mission 
requirement of NOAA under the 1947 Coast and Geodetic Survey Act, 
Hydrographic Services Improvement Act of 1998 (as amended), and other 
laws and authorities. In the interest of public and environmental 
safety and the furtherance of scientific knowledge, the Federal 
Government's responsibility for executing its ocean and coastal mapping 
missions is manifest and non-delegable. However, it is incumbent upon 
NOAA, as recommended by the Hydrographic Services Review Panel, a 
Federal Advisory Committee, to maintain operational ocean and coastal 
mapping core capabilities and supplement its operational capacity by 
contracting for ocean and coastal mapping services where appropriate 
and to the extent of available funding.
    This policy statement documents the framework and conditions under 
which contracting will be employed to ensure an open and consistent 
approach. To support this policy, NOAA will maintain a dialogue with 
private sector organizations and constituent groups.
    For the purposes of this policy and as defined in the Ocean and 
Coastal Mapping Integration Act, the term ``ocean and coastal mapping'' 
includes the acquisition, processing, and management of physical, 
biological, geological, chemical, and archeological characteristics and 
boundaries of ocean and coastal areas. This also includes hydrographic 
services. As defined in the Hydrographic Services Improvement Act, the 
term ``hydrographic services'' means the management, maintenance, 
interpretation, certification, and dissemination of bathymetric, 
hydrographic, shoreline, geodetic, geospatial, geomagnetic, tide and 
water level, and current information, including the production of 
nautical charts, nautical information, databases, and other products 
derived from hydrographic data. It is NOAA's intent to advance 
contracting and adhere to the principles of this policy to meet its 
diverse ocean and coastal mapping requirements.
    It is the intent of NOAA to contract for ocean and coastal mapping 
services when such contracts are determined to be a cost-effective 
method of obtaining these services and to the extent funding is 
available. NOAA will procure ocean and coastal mapping services from 
qualified sources in accordance with its legal authorities, the Federal 
Acquisition Regulations (FAR), and the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 101 et seq.). Where 
required by law or where otherwise deemed appropriate, NOAA will 
procure the acquisition of hydrographic data \1\ in accordance with 
Title IX of the Federal Property and Administrative Services Act (40 
U.S.C. 1101 et seq.).\2\
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    \1\ Hydrographic data means information that is acquired through 
hydrographic, bathymetric, photogrammetric, lidar, radar, remote 
sensing, or shoreline and other ocean- and coastal-related 
surveying; geodetic, geospatial, or geomagnetic measurements; tide, 
water level, and current observations; and is used in providing 
hydrographic services.
    \2\ Commonly known as the ``Brooks Act'' or A&E (Architectural 
or Engineering) contracting services, Title IX contracts are 
negotiated and awarded on the basis of demonstrated competence and 
qualifications (qualification-based selections or QBS) as opposed to 
price.
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    NOAA may determine that a particular ocean and coastal mapping 
activity is inherently governmental or otherwise not subject to 
contracting. NOAA ocean and coastal mapping activities not subject to 
contracting may include, but are not limited to, services necessary to: 
(1) Monitor the quality of NOAA products; (2) promulgate and promote 
national and international technical standards and specifications; (3) 
conduct basic research and development and ensure the rapid transfer of 
derived technologies to the private sector; and (4) maintain the 
integrity and accuracy of Federal geodetic, navigational, and other 
databases.
    To facilitate the leveraging of government mapping resources, NOAA 
will continue to make its coastal geospatial and hydrographic services 
contracts with private-sector companies available to State and local 
government entities that have a need for the services provided by these 
contracts and can provide adequate funding.
    NOAA may task qualified commercial sources with ocean and coastal 
mapping services in any part of the U.S. Exclusive Economic Zone, 
territorial sea, Great Lakes, inland waters, and coastal watersheds for 
any mission-related purpose. The government's interests in and 
responsibilities for mapping vary broadly and experience has shown that 
maintaining flexibility is key to responding to the nation's changing 
needs for geospatial data.

Ancillary Statements and Actions

    As recommended by the Hydrographic Services Review Panel, NOAA will 
continue to utilize a mix of in-house and private-sector resources to 
accomplish its ocean and coastal mapping missions. Costs and 
productivity will be monitored within each category (i.e., public and 
private) to ensure best use of mapping resources. NOAA will continue to 
seek the optimal resource allocation between in-house and private-
sector resources based on the strength of the governmental interest, 
the total requirement for ocean and coastal mapping services, and the 
particular operational capabilities of either government or private-
sector resources that may make one resource more suitable for a given 
situation.
    NOAA will continue to examine ways to improve its contracting 
processes, including minimizing the turnover frequency of contracting 
personnel and reducing the length of time required to award contracts 
and task orders. NOAA will continue to offer debriefings to successful 
and unsuccessful contractors after final contractor selection has been 
made in order to assist contractors with identifying significant 
weaknesses or deficiencies in their submissions. NOAA will continue 
with its efforts to establish an Ocean and Coastal Mapping Training 
Center, which, as conceived, will support NOAA's in-house hydrographic 
and acoustic surveying training requirements. In addition, the Center 
would provide training to NOAA and private sector contractors in

[[Page 2111]]

techniques, standards, and technologies that support NOAA's many ocean 
and coastal mapping activities. Such training would be beneficial to 
current or prospective NOAA contractors seeking to improve their 
capabilities and proposal submissions.

    Dated: January 7, 2010.
David M. Kennedy,
Acting Assistant Administrator, National Ocean Service, National 
Oceanic and Atmospheric Administration.
[FR Doc. 2010-564 Filed 1-13-10; 8:45 am]
BILLING CODE 3510-JE-P