Description
Contract # 40181AM412 The Contracting Officer for this contract is Don Calder. Project # 1261 TAS 14 1611 TAS This J&A is also available at http://www.fws.gov/contracts/ja.aspx?id=86D0846C-E798-4B3B-885F-9B7AC29509D7 United States Department of the InteriorClass Justification and Approval forOther Than Full and Open Competition andWaiver of Publication Requirements Federal law (41.US.C. 253(c)(2)) and FAR 6.302-2 Unusual and compelling urgency. When the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which is solicits bids or proposals, full and open competition need not be provided for. Exceptions are also authorized to the statutory requirements in the Small Business Act (15 U.S.C. 637(e)) and the Office of Federal Procurement Policy Act (41 U.S.C. 416), to provide public notice of contracting opportunities. J&A FAR 6.302-2 - Services to provide mercury spill clean-up SOLE SOURCE JUSTIFICATION 1. Organization: U.S. Fish and Wildlife Service, Southeast Regional Office, 1875 Century Boulevard, Atlanta, Georgia 30345. 2. Description of Action: a. Requirement: New b. Pricing: Firm-Fixed Price c. Funds: 12614C47 3. Description of Item/Service: Emergency Mercury Spill Clean-up at the Carolina Sandhills National Wildlife Refuge in Awenda, South Carolina. The barometer placed in the office corner fell and broke releasing mercury into the Law Enforcement office onto desk, chair, table, carpet, and walls. 4. Name of Intended Contractor:Hepaco, Inc.P.O. Box 26308Charlotte, NC 28221704-598-9782 5. Statutory Authority: The authority permitting other than full and open competition for this acquisition is 41 USC 253 (c) (2), which is cited under FAR 6.302-2. Unusual and compelling urgency. When the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which is solicits bids or proposals, full and open competition need not be provided for. This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances. 6. Justification/Reason for Soliciting Only One Source: Services/supplies are needed immediately to satisfy mission requirements and unacceptable delays will result when an award is made to any other source by competition. FAR 6.302-1(a)(2)(ii)(B). a. What harm will come to the Government is desired supplies/services are not provided on time? Mercury is toxic and could affect all employees and any visitors. The office would not be available for use. b. What harm will come to the Government if desired contractor does not receive the award? The office would be unavailable to Law Enforcement and staff would not be able to retrieve gear, files, firearms, etc. 7. Action to Increase Competition: a: No action will be taken due to urgency and isolated situation 8. Market Survey: n/a Web search only to find vendor to immediately satisfy requirement. 9. Procurement History: a: Previous contract/order number: N/A b: Previously competed: N/A c: Previous authority for less than Full & Open Competition: N/A 10. Price Reasonableness: Market survey, independent government estimate, and previous pricing on similarly related government contracts. 11. Technical Certification: This justification is accurate to the best of our knowledge. Don Calder /s/ 6/29/2010, Chief, Contracting, & Grant Services