B09_ATT_13_BrandNameSnowDens_Legacy_Well_IDIQ_1_25_24_Final_Redacted_0001.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

BRAND-NAME

In accordance with FAR 6.302-1(c)(ii), the following justification is provided for other than full and open competition (brand-name justification).

1. Identification of the agency and the contracting activity.

The requiring activities for this Indefinite Delivery Indefinite Quantity (IDIQ) contract include all Department of the Interior bureaus.

Contracting Activity:

Bureau of Land Management National Operations Center P.O. Box 25047 Denver, Colorado 80225-0047

2. Nature and/or description of the action being approved.

This document serves as a brand-name justification in accordance with the requirements as outlined in FAR 6.303 and 6.304.

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

The resultant IDIQ contract for legacy and orphaned well remediation in Alaska may require travel and operations in or near critical polar bear habitat for projects located in the National Petroleum Reserve-Alaska (NPR-A). Travel through the areas of critical habitat requires permitting from the Bureau of Land Management (BLM) and Fish & Wildlife Service (FWS).

As a condition of these permits, the usage of SnowDens 3D software to model the predicted snow drifting through any areas of known denning habitat has been identified as a required mitigation measure.

The total estimated value for this software is $25,000.00 - $50,000.00 depending on project scope.

4. Identification of the statutory authority permitting other than full and open competition.

FAR 6.302-1 (41 U.S.C. 253(c)(1)) – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements (Brand Name FAR 6.302-1(c))

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Historically, available den habitat models have been based primarily on the presence of topographic features capable of capturing drifting snow. In any given season, however, the availability and precise location of snowdrifts of sufficient size to accommodate a bear den depends on the antecedent snowfall and wind conditions, and these vary from one year to the next. Thus, suitable topography is a necessary pre-condition, but is not sufficient to accurately predict potential den sites in a given year.

SnowDens 3D is a decision-support tool that accounts for the current fall and early-winter meteorological conditions and provides den habitat information that can be used to guide polar bear management and avoidance decisions for the rest of that winter after the bears have entered their dens. This is the only known software with these specialized capabilities, and its development was partially funded by the FWS and other agency partners. Moreover, use of this particular software is a mitigation measure required in the issuance of required permits under this contract.

6. 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 Federal Acquisition Regulation (FAR) subpart 5.2, and, if not, which exception under

5.202 applies.

In accordance with FAR 5.102(a)(6), the Government will post this justification in conjunction with the solicitation via SAM Contracting Opportunities. This will provide potential Offerors with an opportunity to specify an alternative solution if they believe this justification is improper.

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

The Government intends to include the subject brand name requirement within a competitive solicitation. It is anticipated that numerous small businesses will provide offers in response to the solicitation. As a result, the Government believes competitive market forces will assist in receipt of the most advantageous price for items encompassed within the brand name requirement.

Additionally, the Government will perform a price analysis as needed in accordance with FAR 15.404-1(b).

8. Description of the market research conducted (FAR part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted in accordance with FAR 10.002(b)(2) to determine if any other product could satisfy agency requirements under the specific circumstances. Through research, it was discovered that security software is proprietary and must be paired with appropriate door controllers to ensure functionality.

9. Other facts supporting the use of other than full and open competition (FAR 6.302(a) (9)).

Not applicable

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

Not applicable

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the same supplies or services.

Continuous market research will be performed to ensure that the Government is aware of compatible products/systems if and when they become available.

CERTIFICATIONS:

I hereby certify that this requirement does not exceed the Government’s minimum needs and that the basis for award under other than full and open competition is complete and accurate to the best of my knowledge and belief.

ALLIE SCHOESSLER Date Requisitioner/Technical Rep

I hereby certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

PAULA M JOHNSON Date Contracting Officer aschoessler Typewritten Text 01-25-2024