Description
In accordance with FAR 6.305(b) and (d)(3), this special notice is provided for informational purposes only. This opportunity was only offered to the contractor awarded under solicitation no. N9512100031 (Contract no. C9512100031 - Rognlin's, Inc.). The Government awarded contract modification no. 0002 for additional work within scope, as described in the justification below. JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION / Over $100,000 (FAR 6.303-2) 1. Identification of the Agency and the Contracting Activity: US Dept. of the Interior, National Park Service, Olympic National Park, Port Angeles, Washington. 2. Nature and/or Description of the Action Being Approved: Non-competitive award to Rognlin's, Inc. for contract modification no. 0002 to contract no. C9512100031, Hoh Septic System, Olympic National Park. 3. A Description of the Supplies or Services Required to Meet the Agency's Needs, Including the Estimated Value: This action is to modify contract no. C9512100031 for additional work within scope, for the contractor to supply and install new septic tanks at each of the four comfort stations in the Hoh Campground within Olympic National Park. Per original design, the contractor removed the individual septic tanks from each comfort station because, under the new design, grey water and solids would flow from the comfort stations directly to a newly-constructed lift station. The contract specifications and design failed to address the grade/slope of an existing 4-inch underground pipe at the comfort station located the greatest distance (approx. 1100 feet) from the new lift station. The contractor's LOSS report, prepared by a licensed engineer, indicated concern that the 4-inch pipe which previously only carried grey water, would also be carrying solids that would have to travel a much greater distance to the new lift station and septic tanks. Based on these issues, the Washington State Dept. of Health (DOH) refused to permit the new septic system. Between late January through February 2011 a number of engineering solutions were explored by the National Park Service. The preferred solution involves the placement of a 3,000 gallon septic tank at each of the four comfort stations that will collect solids. Grey water will flow through to the larger system. This solution was reviewed and approved by the DOH. Olympic National Park is confident that installation of the new tanks at each comfort station, in lieu of changing the grade/slope of the 4-inch pipe, or lowering the depth of the lift station, is the most efficient and economical solution to obtaining a fully functional septic system. The value of this procurement is $166,000. 4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(1), as implemented by FAR 6.302-2, "Unusual and compelling urgency." 5. A Demonstration That the Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited: The U.S. Fish & Wildlife Service has established the date of April 1, 2011 as the start of the early breeding season of the Marbled Murrelet. In accordance with the Endangered Species Act, all high decibel construction work must be completed prior to April 1st. This comprises a significant portion of the proposed contract modification 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 FAR Subpart 5.2 and, If Not, Which Exception Under FAR 5.202 Applies: This action will not be synopsized pursuant to FAR 5.202(a)(2), which provides an exception to the requirement for synopsis based on the urgent nature of the acquisition. 7. A Determination By the Contracting Officer That the Anticipated Cost to the Government Will Be Fair and Reasonable: Based upon analysis of the proposed price in the amount of $161,500, the Contracting Officer determines the cost of the modification to be fair and reasonable. 8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a Statement of the Reason Market Research Was Not Conducted: The original contract was competed, as required by the American Recovery and Reinvestment Act. The original contractor is bound by the terms of the contract to provide Olympic National Park with a fully functional septic system. No market research was conducted. 9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.302-2 (9) (i) - (iii) for some examples): The Hoh Rainforest receives the highest visitation of any area within Olympic National Park. Failure to establish a functional system within the parameters of the U.S. Fish & Wildlife deadline will require the National Park Service to shut down the Hoh campground for the entire spring and summer seasons. 10. A Listing of the 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 Supplies or Services Required: Based upon the urgency of the requirement, no additional efforts will be made to obtain competition at this time. Any competitive effort would result in a significant delay in completion of the septic system, and would also result in significant inconvenience to the public. 12. Certification: I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate: /s/ Carl E Elleard, COR/Civil Engineer, Olympic National Park 03/01/2011 I certify that the justification is accurate and complete to the best of my knowledge and belief: /s/ Phaedra R Fuller, Contracting Officer, Olympic National Park 03/01/2011 Reviewed/Concur/Approved by: /s/ Leo R Guillory, Assistant Competition Advocate, National Park Service, Pacific West Region 03/10/2011