Description
Contract No. 70181AM041 TAS: 14 1351 0000 United States Department of the InteriorJustification of Other than Full and Open Competition Under $25,000 1) Briefly, a description of the supplies or services required to meet the agency's needs and include the estimated value.The contractor will review legal briefs and oral argument presentations, defending the Government Action of listing the polar bear as a threatened species under the ESA, for technical accuracy. "Technical accuracy" includes accuracy with respect to the climate and polar bear science addressed in the briefs. The contractor is also expected to provide a direct perspective in addressing specific legal challenges. Specifically, the contractor will review and deliver two draft briefs with comments. These two briefs, for contract purposes, will correspond with the Service's litigation response dates: December 7, 2009 and April 8, 2010. As an optional item to the purchase order, The contractor will review the Service and DOJ's oral argument presentations for technical edits and accuracy, with respect to the climate and polar bear science research that was provided for the initial 4(d) ruling. The Service's oral arguments are expected to occur the summer/fall of 2010. Price and schedule will be negotiated at a later date. 2) Statutory Authority permitting other than full and open competition. Identify the statutory authority permitting with the FAR citation and FAR citation Title. FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. FAR 6.302-2, Unusual and compelling urgency.FAR 6.302-3, Industrial mobilization; engineering, developmental, or research capability; or expert services. 3) WHY are the proposed contractor's unique qualifications for the nature of the acquisition requiring the use of the authority cited in item (2). Mr. Scott Schliebe is uniquely qualified to assist the U.S. Fish and Wildlife Service and the Department of Justice to prepare briefs and oral arguments in defending the government action of listing the polar bear as a threatened species under the ESA. This listing determination was prepared, reviewed, and edited by Mr. Schliebe. He, alone, has the perspective to place documents within a contextual framework of the listing process. Without Mr. Schliebe's immediate assistance, the Government would suffer serious injury because it cannot reasonably obtain an expert to review and respond to the December 7 legal brief. Furthermore, the agency cannot replace Mr. Schliebe's four years of preparing the listing determination. Mr. Schliebe's expertise is essential to the Service's current litigation, as he will assist the Government in analysis of the claims. The Service is compelled to file its complete responses and oral arguments to the United States District Court for the District of Columbia in a timely fashion and failing to include Mr. Schliebe's unique contributions to our defense we risk irreparable harm in this litigation action. 4) WHAT effort was made to ensure that offers were solicited from as many potential sources as is practical. The issuance of this contract is a unique situation and an instance in which it is not possible to obtain competition. As noted above Mr. Schliebe is uniquely qualified to meet the Service's needs and to provide the scope and frame of reference to the Department of Justice's trial attorneys. While the Service has committed considerable effort to providing review and insight into the record documents, Mr. Schliebe services are required to ensure the listing action of the polar bear is accurately and completely described in the Government's arguments rebutting various litigants assertions as to the veracity and robustness of our listing action. Furthermore, as the Government prepares its own filings, to defend the listing, Mr. Schliebe's direct understanding of the various components associated with listing are more completely conveyed to the Court. The Service has also vested significant effort and expense in the coalition and preparation of the administrative listing record, without Mr. Schliebe's intimate understanding of the documents in that record the Government's ability to present its case to the Court is compromised. 5) A Description of the Market survey conducted and the results. Service employees contacted three trial attorneys to inquire if they knew of any method for obtaining the services of someone who was not familiar with a filing and directly and materially associated with an action to provide them with background and scope of understanding. All three attorneys indicated that without a doubt, and in order to present to the Court the most complete understanding of a particular activity, they would seek insight from those directly involved.