J&A 6.302-2 Pelagic Bird Study in the vicinity of the Deep Horizon Oil Spill

Contract # 40181AM417 TAS 14 5198 TAS This J&A is also available at http://www.fws.gov/contracts/ja/ja.aspx?id=7309cf37-0058-48f7-94e9-bb1055b31244 United States Department of the InteriorClass Justification and Approval for Other Than Full and Open Competition AndWaiver of Publication Requirements Federal law (41.US.C. 253(c)(1)) and FAR 6.302-1 authorizes under certain conditions, including only one responsible source and no other supplies or service will satisfy agency requirements, contracting without providing for full and open competition. 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 6.302-1 - To conduct Pelagic Bird study in the vicinity of the Deep Horizon oil spill. Justification and Approval DocumentFOR OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Activity: Fish & Wildlife Service, Contracting & Grant Services 2. Description of Action: Requirement: New Pricing: Labor Hours Funds: FY2010 40123 9813 0611 Name of Contract: Defender of Wildlife Street Address: 1130 17th St NWCity, State, Zip: Washington, DC 20036 Phone: 202-682-9400 3. Description of Services: The estimated value of the proposed action is $200,455.00. To conduct study to estimate oiling rates among Pelagic Seabird using ship-based surveys in the vicinity of the Deep Horizon oil spill (Bird Study #6). The study objective are to: Collect data describing the proportion of pelagic seabirds encountered along ships path that are not visibly oiled, or that fall into pre-defined oiling categories.Collect data to support an estimate of the density of seabirds along ships' path.Document the location and state of bird carcasses encountered along the ships' paths. The proposed contractor J. Christopher Haney, Ph.D. is an expert in the identification and study of pelagic birds and has signed a confidentiality agreement with US Fish and Wildlife Service, and has secured as an expert witness for the Deepwater Horizon (MC 252) NRDAR case. This was the only source that could meet the Service requirement 4. Authority Cited: (Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following.) (a) 10 USC 2304(c)(1) or 41 USC 253(c)(2); FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements 5. Reason for Authority Cited: (State why this is the only source that can provide the required supplies or services.) (b) Services/Supplies are needed immediately to satisfy mission requirements and unacceptable delays will result when an award is made to any other source. FAR 6.302-1 (a)(2) (d) Additional Information: (i) What harm will come to the Government if desired supplies/services are not provided on time? Respond to oil spill may be delayed (ii) What harm will come to the Government if desired contractor doesn't receive the award? Respond to oil spill may be delayed 6. Actions to Increase Competition: (State what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required.) Not applicable 7. Market Survey: (Describe the extent of the market survey conducted to identify all qualified sources and the results thereof. "Market Survey" is defined as those attempts you made to ascertain whether other qualified sources exist. The survey of the market place may consist of written, telephonic, or world wide web inquiries.) Did not conduct market research. time and litigation sensitive project. 8. Procurement History: Previous Contract or Purchase Order Number: N/A Previously competed? N/A 9. Technical / Requirements Certification: I certify that the support data under my cognizance which are included in this J&A are accurate and complete to the best of my knowledge and belief. Approved By: Donald Calder /s/Position Title (Division Chief or higher): Chief, Contracting & Grant Services Date: 7/02//2010