Description
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (INCLUDING BRAND NAME) 1. AGENCY AND CONTRACTING ACTIVITY (FAR 6.303-2(a)1)). Bureau of Land Management, Vale District Office, 100 Oregon Street, Vale, Oregon 97918 2. NATURE/DESCRIPTION OF ACTION(s) (FAR 6.303-2(a)2)). The Bureau of Land Management, Vale District Office, intends to sole source a firm fixed price services contract to the Confederated Tribes of the Umatilla Indian Reservation to conduct an ethnographic study along the proposed and alternative alignments of Idaho Power Companys Boardman to Hemingway 500 kV Transmission Line Project (B2H). Confederated Tribes of the Umatilla Indian Reservation Cultural Resources Protection Program Department of Natural Resources 46411 Timine Way Pendleton, Oregon 97801 3. DESCRIPTION OF THE SUPPLIES/SERVICES (FAR 6.303-2(a) (3)). Confederated Tribes of the Umatilla Indian Reservation will conduct an ethnographic study along the proposed and alternative alignments of Idaho Power Companys Boardman to Hemingway 500 kV Transmission Line Project (B2H). The goal of the study is to identify properties of historic, traditional, contemporary, or ongoing religious and cultural significance and importance within the as yet undefined B2H area of potential effects. Locations and information identified as traditional cultural properties are important for future management consideration under federal cultural resource protection laws by the Bureau of Land Management. This information is an important element of the tribal consultation requirements as identified in the National Environmental Policy Act, the National Historic Preservation Act, as amended, and the American Indian Religious Freedom Act, as well as Executive Orders 13007 and 13175. 4. IDENTIFICATION OF STATUTORY AUTHORITY (FAR 6.303-2(a) (4)). This project meets the statutory exception under FAR 6.302. Only one responsible source: when the supplies or service required by the agency are available from only one responsible source and no other types of supplies or services will satisfy agency requirements. 5. DEMONSTRATION OF CONTRACTORS UNIQUE QUALIFICATIONS (FAR 6.303-2(a) (5)). Knowledge of resources and resource uses, that are known only to members of the Confederated Tribes of the Umatilla Indian Reservation (or as incorporated in their oral histories), is known only to this source. Outside contractors would not have access to this information. This information is proprietary to the Confederated Tribes of the Umatilla Indian. Given the protected nature of the data, the Government will obtain the information directly from the Tribal Ethnographer 6. FEDERAL BUSINESS OPPORTUNITIES AND ELECTRONIC COMMERCE FOR POTENTIAL SOURCES (FAR 6.303-2(a)6)). Publication of a notice of intent is required if the action is expected to exceed $25,000. This requirement was synopsized on the Federal Business Opportunities website via a Sources Sought notice on March 22, 2012. The notice stated that the BLM intends to issue a purchase order to the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) unless an offeror who could meet the Governments requirements responded to the notice. Three (3) firms responded as interested vendors but the CTUIR clearly stated they would only allow their own ethnographers complete this work. 7. DETERMINATION OF FAIR AND REASONABLE COST (FAR 6.303-2(a)(7)). The quote from the Confederated Tribes of the Umatilla Reservation was $140,101.80 is determined to be fair and reasonable for the completion of the four tasks as stated on the Statement of Work (SOW). To determine whether CTUIRs quote was a fair and reasonable price, a request for a comparative quote was sent to Rucks Ethnographic Services utilizing the same SOW. Rucks offer was $72,250.00. The primary differences between the two quotes were: (1) CTUIR utilized more personnel to complete the task compared to Rucks. Rucks is utilizing one person to do the work compared to CTUIR. CTUIR staff of seven includes specialists such as an ethnographer, a cultural anthropologist and an ethnobotantist, two cultural resource technicians, a program manager, and a principal investigator. Since Task 3 required an ethnobotanical review the position requested for an ethnobotanist is required and justified. (2) Fewer hours were budgeted for the study and a reduced amount of time allotted for the interview effort by Rucks in comparison to CTUIR. Travel and interview stipends and time proposed to complete Task 2 was included in the CTUIRs cost proposal. CTUIR hourly rates were found to be very reasonable when compared to other ethnographers rates under GSA contracts. CTUIRs total quote for this study while greater than Rucks quote, factors in a reasonable amount of hours to thoroughly conduct the work. A similar contract was issued for the Shoshone Paiute Ethnographic study, L11PC00095, for 4,835,289 acres to be surveyed. The cost per acre was $206,600.00/4,835,289 acres or $0.04 per acre. The cost per acre using CTUIRs quote for the B2H projects is $0.03 per acre ($140,101.80/4,063,595) which compared to the Shoshone Paiute study is determined to be fair and reasonable. 8. DESCRIPTION OF MARKET RESEARCH (FAR 6.303-2(a)(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: A sources sought announcement was posted on Fedbizopps. Three (3) firms responded as aforementioned in paragraph 7. Next, GSA E-library was searched doing an advanced search for ethnography services. Several firms were located providing these services. It was also determined in the market search through the internet that the number of firms or persons that do ethnographic services is small. Research on previous BLM contracts for ethnographic services revealed only 6 awards in the past 3 years. 9. ANY OTHER SUPPORTING FACTS (FAR 6.303-2(a)(9)). The information to be gathered for this study is considered culturally sensitive to Native American communities. Tribal Elders do not freely give the information regarding properties of traditional use needed for this study. Disclosure of culturally sensitive information requires trust that the information will not be made public or misused. In addition, as per the National Historic Preservation Act and some of the other federal laws stated above, significant cultural sites are to be preserved and protected. One key component to protecting these sites is to keep them confidential. Because we are asking for information from Tribal Elders and other Tribal members and because CTUIR has their own ethnographer with an existing relationship with the Tribal Elders, this work will only be done by the CTUIR ethnographers. 10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION: Three firms (STELLCO, Inc, Sylvester Lahren, and Epochs Past-West) responded to the synopsis but since this information is proprietary the Confederated Tribes of the Umatilla Indian Reservation they will not allow free and unencumbered access to the information from a private contractor or the BLM. 11. ACTIONS, TAKEN TO REMOVE BARRIER TO COMPETITION (FAR 6.303-2(a)(11)). This is a one-time procurement and there are no actions to take. 12. CONTRACTING OFFICERS CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE. (FAR 6.303-2 (a)(12)). See certifications below. TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-1(b)) I certify that the facts and representations which are included in this justification and which form a basis for this justification are complete and accurate. Signature: /s/Renee Straub/______________________ Date: 5/29/2012 CONTRACTING OFFICER CERTIFICATION (FAR 6.303-1(a) 6.303-2(a)(12)) I certify that this justification is accurate and complete to the best of my knowledge and belief. Signature: _/s/Connie Hampton/Contracting Officer/503-808-6105 Date:_06/05/2012 Name/Title/Office Code/Phone