Sol_140P1421Q0024_Amd_0001.pdf

(x)

140P1421Q0024 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PIR

Yellowstone NP WY 82190 Mammoth Supply Center / 22 Stable St PO Box 168 NPS, IMR - Northern Rockies MABO

02/26/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/26/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment 0001 issued to 140P1421Q0024 for the following:

1) Attach Brand Name Justification

2) Remove references to MT-DOT chip oil specifications from Attachment 1 - Statement of work and replace with Western Emulsions Polymer Asphalt Surface Sealer.

Please submit questions regarding this combined synopsis/solicitation in writing via email to mary_woodin@nps.gov by March 10, 2021. Include "Combined Synopisis/Solicitation

140P1421Q0024 Questions in the subject line."

Legacy Doc #: NPS

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Justification for Brand Name Products

Date: March 3, 2021

Project: PASS CR Oil Northeast Entrance Road, Yellowstone National Park

1. Identifications

a. Agency: National Park Service

b. Contracting Office: Northern Rockies Major Acquisition Buying Office

2. Description of the action being approved:

The National Park Service (NPS) shall be soliciting for PASS CR oil for a pavement project on Yellowstone National Park’s Northeast Entrance road. The documents included with the solicitation call for specific brand name products that are peculiar to one manufacturer. This written justification provides approval for limiting competition to the listed brand name products as authorized by the Federal Acquisition Regulations (FAR).

3. Description of supplies and services:

Yellowstone National Park requires the supply, transport and delivery of 59,500 gallons of PASS CR to the Northeast Entrance Road.

4. Authority:

a. 41 U.S.C. 253(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements.

b. FAR Part 11.105: The Brand Name products are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet and cannot be modified to meet the agency’s needs.

c. FAR 6.302-1: The use of the name brand products are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

5. The description of the product’s unique qualifications or the unique nature of the acquisition:

The unique chemistry of PASS CR makes this emulsion better suited to the altitude and temperature range of this geographic location. The blend is dependent on the material that is being resurfaced. The surface being treated is new asphalt.

6. Efforts to obtain competition:

a. Efforts to ensure offers are solicited from as many potential sources as is practicable:

For acquisitions over $25,000 the solicitation will be issued on the Government’s Point of Entry, beta.SAM.gov

b. Presolicitation notice per FAR 5.2:

The solicitation has been posted on the Government’s Point of Entry, beta.SAM.gov.

7. Determination that costs will be fair & reasonable:

Pricing will be evaluated using historically pricing and current crude oil pricing provided by the US Energy Information Administration (EIA) for Petroleum and Other Liquids.

8. Description of the market research conducted:

Market research was conducted and concluded that there was no reasonable expectation of receiving two or more quotes from a small business socio-economic category. Historically, only Asphalt Systems has submitted a quote for this type of requirement. Additional market research was conducted to determine the availability of this brand name product. PASS CR is proprietary to Western Emulsions and the manufactures has an internal agreement with distributors limiting the sale of certain products, such as PASS CR, to vendors outside of this regional area.

United States Department of the Interior

NATIONAL PARK SERVICE

INTERMOUNTAIN REGION

CONTRACTING PROGRAM

9. Other facts supporting other than full & open competition:

a. Reason why documents suitable for full & open competition have not been developed:

Conventional or equal products that have not been tested in this geographic location would negatively affect the mission with the potential need for more frequent applications.

b. Data, estimated costs or other rationale as to the extent or harm to the Government:

This creates an impact to visitor experience with additional road construction in an already congested and heavily visited park during a very short seasonal window for the work to be accomplished. There is also a significant financial burden on the program in the park to repeat applications to the roads with an unknown product.

10. Interested Sources:

Asphalt Systems, Inc.

11. Actions to remove barriers to competition in the future for similar acquisitions:

The park works with regional staff and other Government agencies to ensure they are educated on the newest products that are tested and used by local, state and federal agencies on roads in Montana and Wyoming. There are several challenges with delivery distance and geographical barriers that create limitations on what is available in this region.

12. Certifications:

Technical / Requirements 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:

(Signature)________________________________________ (Date) _______________________

Marty Powell, Supervisor Special Projects and Acting Fleet Manager, Yellowstone National Park

(Title):

Up to $25,000

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

(Signature) _______________________________________ (Date) _______________________

Mary Kay Woodin, Contracting Officer

Reviewed by MABO Lead (exceeding $25,000):

Rhonda Canell, Lead Contracting Officer

Reviewed/Concur/Approved by: (exceeding $150,000)

Tammy Gallegos, Regional Chief of Contracting

3/3/2021

03/03/2021