J A_NSHS_2015.pdf

DEPARTMENT OF THE INTERIOR - BUREAU OF INDIAN AFFAIRS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 USC 2304 and 41 USC 253

1. REQUISITION

NUMBER.

2. ESTIMATED

COST.

3. PROPOSED CONTRACTOR.

4. REQUESTING ACTIVITY. 5. CONTRACTING ACTIVITY.

REDACTED

Nebraska State Historical Society (NSHS) 1500 R Street

PO BOX 82554

Lincoln, NE 68501-2554

BIA/DECRM

Anna Pardo 12220 Sunrise Valley Drive Reston, VA 22191 703-390-6343

6. STATUTORY AUTHORITY: AUTHORITY PERMITTING THE USE OF OTHER THEN FULL AND OPEN COMPETITION x FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements [41 USC 253(c) (1)]:

The supplies or services required by the Agency are available from only on responsible source and no other supplies or services will satisfy agency requirements.

FAR 6.302-1(c) – Only one responsible source and no other supplies or services will satisfy agency requirements [41 USC 253(c) (1)]: Brand Name Justification. The use of such descriptions in the acquisition is essential to the Government’s requirement, thereby precluding consideration of a product manufactured by another company. 6.302-1(c) - Brand Name or Equal requirements do not require a JOFOC.

FAR 6.302-2 – Unusual and compelling Urgency [41 USC 253(c) (2)]: The agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. (NOTE: These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. Lack of advanced planning is not justification for the use of this authority.)

FAR 6.302-3 – Industrial Mobilization; engineering, development, or research capability; or expert services [41 USC 253(c) (3)]: It is necessary to award the contract to a particular source or sources in order (i) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, or (ii) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center or (iii) to acquire the services of an expert neutral person for any current or anticipated litigation or dispute.

FAR 6.302-4 – International agreement [41 USC 253(c) (4)]: Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government.

FAR 6.302-5 – Authorized or required by statute [41 USC 253(c) (5)]: A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

FAR 6.302-6 – National security [41 USC 253(c) (6)]: The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

FAR 6.302-7 – Public Interest [41 USC 253(c) (7)]: The agency head determines that it is not in the public interest to use full and open competition in the particular acquisition concerned.

1. NATURE AND/OR DESCRIPTION OF THE SUPPLIES AND SERVICES (attach SOW and additional pages as necessary):

The requirement is to provide services in continuing to catalog BIA’s archeological collections to ensure accountability as required by a 2010 Office of Inspector General finding and recommendations, at a total cost of REDACTED. This will allow BIA to assume accountability and appropriate stewardship for the BIA collections housed at NSHS.

2. A DESCRIPTION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS THAT REQUIRES THE USE OF THE AUTHORITY CITED (attach additional pages as necessary):

NSHS is uniquely qualified to provide these services to BIA/DECRM based upon the following:

a. NSHS staff has a thorough knowledge of the collections and their history, and extensive working experience researching and handling the collections. NSHS is fully insured and staff has been trained on proper handling techniques, dealing with objects of a sensitive nature, and other professional museum standards. NSHS staff has multiple collections locations and only NSHS staff is knowledgeable about the specific individual collections storage systems and methodologies as well as the general storage layout and collections processes and procedures at NSHS. This is critical to avoid unnecessary movement and handling of these very fragile, prehistoric collections. NSHS staff is also uniquely knowledgeable about the archives and documentation that is housed in NSHS’s facilities. NSHS has had prior contracts with BIA to conduct NAGPRA and cataloging work on the BIA collections housed at NSHS.

b. NSHS’s policies prohibit access to the collections and associated documentation to non-NSHS staff unless NSHS senior staff provides direct and continuous supervision at all times.

c. Relocating these collections is not practicable for a number of reasons. First, the collections are pre-historic and extremely fragile. They have great value, not monetarily but historically, scientifically, and culturally. The human remains, especially skulls, are particularly vulnerable to vibration and movement, and require great care and skill in appropriate packing and safe transport. Funerary objects are frequently ceramic pottery, and are also extremely fragile and must not be subjected to any more movement than is absolutely necessary. Professional museum standards call for absolute minimal movement of such items.

Second, all potentially affiliated tribes must be contacted in writing with a request to relocate these collections and allow others to handle the remains of their ancestors and their burial objects. Because BIA has not yet made determinations of cultural affiliation, dozens of potentially affiliated tribes throughout the region would need to be contacted and their permission given in writing. If even one tribe declines, then the move of the collections to another facility would be prohibited.

Third, while any contractor would need to provide proof of insurance, if human remains and funerary objects were damaged or lost, there is no amount of money that could properly compensate tribes for the loss of their ancestors.

Finally, the documentation and any other records are the property of NSHS, and the government cannot require that NSHS turn over this documentation to anyone outside of NSHS. Some documentation includes sensitive information about archaeological sites and collections. The documentation is essential for completing research on these collections, may be extremely fragile in many cases, and exists in a number of locations.

3. A DESCRIPTION OF THE EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE (attach additional pages as necessary):

These items were excavated from the 1930s to the late 1970s. By law, these items were required to be stored in select museums. These artifacts have been stored

BIA JOFOC Revised January 15, 2013 for decades in this museum. Market research was conducted to determine if other curators or researchers could perform this work. The museum’s policy prohibits others to conduct the work required on site. Therefore no other curators were contacted.

4. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE (attach additional pages as necessary): The contracting officer determines the anticipated prices will be fair and reasonable based upon local pricing for similar services and labor categories.

5. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (attach additional pages as necessary):

Market research was conducted by analyzing similar work completed by the Museum of Northern Arizona, the Arizona State Museum, the Maxwell Museum of

Anthropology, and the Fowler Museum at UCLA. The work performed by these entities required the same level of professional knowledge and experience; similar restrictions on other than the museum’s own staff; transport restrictions; and similar work as is required for the collections housed at NSHS.

6. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION (attach additional pages as necessary):

If the contractor is an entity other than NSHS, the cost to the Government would more than double because the Government would be required to pay for the contractor’s hours and at the same time, for the hours spent by a senior museum professional, likely the Curator of Archaeological Research Collections. If the Government was successful in securing permission from all tribes to transport the collections to another contractor’s facilities, there would be enormous costs in securely packing the collections in appropriate archival materials (and such materials must be acceptable to all tribes), and transporting the collections. Again, NSHS senior professional staff would need to be paid to oversee the handling and packing of the collections.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 USC 2304 and 41 USC 253

Subject JOFOC and documentation shall conform to guidance in FAR Part 6, Department of the Interior Acquisition Regulation and BIA Procurement Policy.

Federal Acquisition Regulation (FAR) Part 6.3 Other than Full and Open Competition, 41 U.S.C. 253 and 10 U.S.C. 2304 each authorize, under certain conditions, contracting without providing for full and open competition.

15. CERTIFICATION AND SIGNATURE APPROVALS:

Pursuant to FAR 1.707 Signature Authority, this Justification has been thoroughly reviewed and recommends approval. I certify that the above facts and representations under my cognizance that are included in this Justification are accurate and complete to the best of my knowledge and belief.

Concur TITLE TYPED NAME SIGNATURE DATE

Program Manager Anna Pardo /s/ June 9, 2015

Contracting Officer Leonard C. Wines July 8, 2015

Supervisory Contracting Officer

Competition Advocate

Bureau Procurement Chief