UofMNSoleSourceJustification_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Description of supplies or services required (including estimated value).

The University of Minnesota Department of Soil, Water, and Climate (UMN-SWC) (Contractor) shall provide employees to work in our chemistry laboratory. Duties may include but are not limited to logging in soil, water and plant samples, prepping samples, analyzing samples on simple and complex instrumentation. UMN-SWC employees may also conduct field work in association with joint studies between the USDA Forest Service Northern Research Station and UMN-SWC.

Estimated Value is not expected to exceed in a two-year period. The contract will be a base year, plus one option year effort.

The award contract will begin September 25, 2019 to September 24, 2020.

The deliverable that will result from the contract is high quality laboratory analysis for scientific use, necessary field work for joint studies.

2. Which of the Following Circumstances Permitting Other than Full and Open Competition Applies:

The authority permitting other than full and open competition in this acquisition is in FAR 6.302- 3(a)(2)(ii), under the Application in 6.302-3(b)(2)(iii). This authority allows for other than full and open competition with the requirement is needed to “establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution . . . “

The UMN is the premier research-1 institution in Minnesota and SWC is a department that specializes in research aimed at solving environmental issues. The employees are co-located with the USDA Forest Service Forestry Sciences Building which houses the chemistry laboratory.

The two organizations work together in a formal capacity substantially increase the labor research capabilities to each organization, leveraging the dollars of each organization for the future the employees, university faculty and USDA Forest Service scientists.

3. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

UMN-SWC employees are highly trained and specialized in both laboratory and field skills. The shared mutual interests and knowledge these two organizations lend themselves to a stronger basis for future scientific knowledge in this field.

4. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The nature of R&D service contracts do not lend themselves to competition, as referenced in the Federal Acquisition Regulation (FAR) 35.007-Research and Development Solicitation, which reads in part:

The submission and subsequent evaluation of an inordinate number of R&D proposals from sources lacking appropriate qualifications is costly and time-consuming to both industry and the Government. Therefore, contracting officers should initially distribute solicitations only to sources technically qualified to perform research and development in the specific field of science or technology involved. Cognizant technical personnel should recommend potential sources that appear qualified, as a result of –

(1) Present and past performance of similar work;

(2) Professional statue and reputation;

(3) Relative position in a particular field of endeavor;

(4) Ability to acquire and retain the professional and technical capability, including facilities, required to perform the work; and

(5) Other relevant factors.

As previously acknowledge, UMN-SWC has similar areas of concentration that complement the work of this USDA Forest Service unit. This is a specific area of science with logistical issues that would not allow for another vendors inclusion.

5. Is the Price Fair and Reasonable?

The Contracting Officer will make this determination at the time of award.

6. A description of market survey conducted and the results or a statement of reasons why market survey was not conducted.

No market survey was performed because of the contractor’s unique qualifications as stated above.

7. Any other facts supporting the use of other than full and open competition.

FAR 35.002 – Research and Development General, acknowledges the unique purposes and difficulties in contracting for research actions. It reads:

The primary purpose of contracted R&D programs is to advance scientific and technical knowledge and apply that knowledge to the extent necessary to achieve agency and national goals. Unlike contracts for supplies and services, most R&D contract are directed toward objectives for which the work or methods cannot be precisely described in advance. It is difficult to judge the probabilities of success or required effort for technical approaches, some of which offer little or no early assurance of full success. The contracting process shall be used to encourage the best sources form the scientific and industrial community to become involved in the program and must provide an environment in which the work can be pursued with reasonable flexibility and minimum administrative burden.

To the best of my knowledge and belief, I certify that this justification is accurate and complete.

/s/ 9/13/2019 Approving Official/Technical Person Date Contracting Officer Date

13 September, 2019