A01_12FPC423Q0079_FAR 13.5 Single Source Justification_TN State Office ERT subscription_Redacted.pdf

United States Department of Agriculture Limited Source/Brand Name Justification to procure TN Environmental Research Tool

FAR 13.106-2(b)(1) – Simplified Acquisitions

CONTROL NUMBER:

1. Identification of the agency and the contracting activity.

Contracting Activity: U.S. Department of Agriculture, Farm Production and Conservation (FPAC) Business Center, Acquisitions Division, Operations Branch, Section 4.

Agency: USDA, Natural Resources Conservation Service (NRCS) TENNESSEE STATE OFFICE

2. The nature and/or description of the action being approved.

This justification is to support the usage of a sole source item to acquire “Department of Environment and Conservation Environmental Research Tool Subscription Services” and associated support equipment that will result in a firm fixed price award.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Tennessee Natural Heritage Program (TNNHP), within the Tennessee Department of Environment and Conservation (TDEC), Division of Natural Areas (DNA), has developed, maintained, and provided a specifically designed biological conservation-focused data management tool with documented occurrences of threatened and endangered plant and animal species in Tennessee. This sensitive data is only available to the TNNHP, thus making them a sole source provider.

4. The statutory authority for limiting competition.

The statutory authority permitting acquisition of the requirements by limiting competition Simplified Acquisition Procedures as authorized by FAR 13.106-2(b)(1)

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Tennessee Department of Conservation and Environment, Division of Natural Areas’ Natural Heritage is uniquely qualified to provide these services to NRCS in Tennessee based upon the following:

a. This protected, sensitive data is only available to the TNNHP, thus making them a sole source provider and

b. They are the developer of the Environmental Review Tool, which utilizes the subscription services to maintain its software. The USDA currently has XX units previously purchased.

c. The Environmental Review Tool, which the USDA currently uses and maintains will become non-functional without the regular software updates required over the life of the tool.

To achieve the required capability required by the USDA any competitor’s system would need to be developed to meet our specific requirements. In addition to the requirement to develop the database the USDA would have to purchase additional new hardware, retrain all employees on the use of the system as well as transfer current data from the previously used system to a new system. These factors would create a duplication of cost to the government.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

Market research identified that Tennessee Department of Conservation and Environment, Division of Natural Areas’ Natural Heritage is the sole source of the data and services capable of meeting the USDA- NRCS needs for the accessibility of threatened and endangered plant and animal species in Tennessee.

Upon completion of the life of the current equipment used by the USDA TN State office for this requirement, additional market research and vendor outreach will be completed to ensure a many potential sources as is practicable will be identified.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

I hereby determine that an anticipated cost for this contract action will be fair and reasonable based upon the estimated cost and market value. A fair and reasonable cost for this item will be obtaining through competitive bidding between dealers handling these products. At time of evaluating proposal price, the overall proposed price will be evaluated for fair and reasonableness. I recommend this approach to the prompt attainment of products for the upcoming acquisition.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research has identified Tenessee department of Enviroment and Conservation is the only source capable of providing this service for the equipment currently being utilized by the TN State Office.

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

N/A

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

Tennessee Department of Environment and Conservation

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated. Currently no other vendors can provide this service due the USDA currently utilizing Equipment that must run this subscription service. Upon completion of the life of the equipment, a new RFQ will be posted to determine if other vendors are interested and capable of providing this service to the USDA.

Certifications & Approvals

I certify that the supporting data under my cognizance, which are included in the Justification and Approval, are accurate and complete to the best of my knowledge and belief.

LINDA REAMS

NRCS TN State Office

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

SHERMEKA SHOWERS

Contracting Officer