SPECIAL NOTICE
99 -- Notice of Intent to for sole source award under authority of FAR 6.302-1. Justification for Other Than Full & Open Competition is attached.
- Notice Date
- 7/29/2011
- Notice Type
- Special Notice
- Contracting Office
- WASO - WCP - Denver Contracting & Procurement 7333 W. Jefferson Avenue Lakewood CO 80235
- ZIP Code
- 80235
- Archive Date
- 7/28/2012
- E-Mail Address
-
Point of Contact above, or if none listed, contact the IDEAS EC HELP DESK for assistance
(EC_helpdesk@NBC.GOV)
- Small Business Set-Aside
- N/A
- Description
- This is a notice of intent for sole source award. The justification for other than full and open competition is as follows: JUSTIFICATION FOR OTHER THANFULL AND OPEN COMPETITION - FAR 6.302-1(d)(1) In accordance with the authority granted under 41 U.S.C. 253(c), this request for award under other than full and open competition is hereby submitted. 1. Identification of the agency and the contracting activity. Requesting OfficeDOI-NPS-WASO - Park Cultural Resources Programs Contracting OfficeDOI - NPS - WASO - WCP 2. Nature and/or description of the action being approved. The acquisition is for a sole source award to HDR Engineering for the purchase of the Louisiana SHPO's review, investigation, comment and signature on Shoreline Treatment Recommendation (STR) Reports created by the NPS in conjunction with the US Coast Guard in response to the Gulf of Mexico Deepwater Horizon Oil Spill (DWH). 3. A description of the supplies or services required to meet the agency's needs (including the estimated value). BP's Deepwater Horizon oil rig located in the Gulf of New Mexico exploded on April 20, 2010. The Department of Interior was among the Federal agencies dispatched by the President to respond to the spill. The Bureau of Ocean & Energy Management, Fish & Wildlife Service and the National Park Service mobilized to support overall response and restoration efforts under the direction of the U.S. Coast Guard, subsequently designated Lead Federal Agency. NPS is providing support and coordination to the US Coast Guard for compliance with Section 106 of the National Historic Preservation Act. Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties. If the agency's undertaking could affect historic properties, the agency determines the scope of appropriate identification efforts and then proceeds to identify historic properties in the area of potential effects. The agency, in consultation with the State Historic Preservation Officer (SHPO) makes an assessment of any adverse effects on the identified historic properties based on criteria found in the Advisory Council on Historic Preservation's regulations. The State of Louisiana delegated their decision making authority as the SHPO to an employee of HDR Engineering. The NPS and the USCG created Shoreline Treatment Recommendation (STR) reports in response to the oil spill. The STR's are the Federal government's "proposed federal undertakings" in response to the Deepwater Horizon oil spill for the purposes of the NHPA. On behalf of the SHPO, HDR Engineering has consulted, investigated, commented, reviewed, and signed these reports in an expedited manner to facilitate the Federal government's response. The NPS did not request this work to be done or authorize it at any point. As the SHPO, HDR's employee, Melissa Braud, consulted, investigated, commented, reviewed, and signed these reports on her own initiative. However, the NPS now requires these reports to move forward with the Federal government's proposed undertaking in response to the oil spill in compliance with NHPA Section 106. 4. An identification of the statutory authority permitting other than full and open competition. FAR 6.302-1 - Unique source and no other supplies or services satisfy agency requirements. Specifically, FAR 6.302-1(b)(1)(i) when there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by a unique supply or service available from one source. 5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. The State of Louisiana has delegated their consultation authority under Section 106 of NHPA to only one party, an employee of HDR Engineering. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Federal Acquisition Regulation (FAR) subpart 5.2, and, if not, which exception under 5.202 applies. Although it is possible to obtain a report of this nature from other sources under different circumstances; the State of Louisiana has delegated their consultation authority under Section 106 of NHPA to HDR Engineering. Accordingly, it would not be possible for another entity to provide the required deliverable. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable and the basis for that determination. Although this will be awarded as a firm fixed price for this deliverable, HDR Engineering provided a price breakdown based on labor hour rates and the level of effort required to generate the review, investigation and comment to the STR reports. A review of GSA contract holders offering similar services has demonstrated that the labor hour rate proposed to be fair and reasonable, and the program office has stated that the level of effort proposed to create this deliverable is reasonable as well. 8. A description of the market research conducted (FAR part 10) and the results or a statement of the reason market research was not conducted. Market Research was not conducted since this effort was part of the oil spill disaster, and the State of Louisiana has delegated their consultation authority under Section 106 of NHPA to a HDR Engineering. 9. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(a) (9)). None. 10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition. None. 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 same supplies or services. NPS will continue to monitor the current market to insure products that enter the market are considered for future utilization and to continue to perform the market research necessary to obtain the best value to the government while continuing to support the NPS mission. 12. CERTIFICATIONS: I hereby certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief. I hereby certify that this requirement does not exceed the Government's minimum needs or schedule requirements and that the basis for award under other than full and open competition is complete and accurate to the best of my knowledge and belief.
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