A16_0040545296_Sole_Source_1.pdf

ATTACHMENT 2

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER $3,500 ($2,000/$2500 for Construction/Services) AND

UP TO $150,000

(See FAR 13.106-1)

Date: July 10, 2021 PR Number: _________________________

1. Nature and/or description of the item/service being procured and its intended use (include the anticipated cost):

Hyaenodontids are small, carnivorous mammals of an extinct family. This specimen is about 52 million years old, from the Eocene Epoch. Teeth of hyaenodontids are found in the stream-deposited sediments of the Wasatch Formation, but thus far no articulated skeletons. A portion of the rock is missing which held the left leg, hip and base of the tail, otherwise it is complete and mostlye articulated. The specimen will be used in exhibits and for research. The price is $100,000.

2. Sole Source Justification rationale (Check one and explain below):

X Only one responsible source.

______ Urgent and compelling circumstances exist. Include critical delivery or performance dates, and when you became aware of the requirement. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met.

______ Other _____________________________________________________

Explain:

The sediments left by ancient Fossil Lake, the Green River Formation, are well known for their abundant and well-preserved fossil fish. The deposit is so rich that millions of fossils have been excavated from eleven quarries on private and state land and sold around the world. Among the common fossil fish are other less common organisms such as plants, insects, reptiles, amphibians, birds and mammals. Of those groups the least common are land-dwelling mammals. Of the mammals several are known from only a single specimen which is the case for this hyaenodontid.

This specimen is the only one of this species found in Fossil Lake in over 140 years of excavating.

3. Market Research. Please explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest:

Each fossil is unique including differences in species, size, rarity, scientific interest, orientation, degree of articulation, preservation quality and the layer in which it was found. Therefore, there is no direct correlation between the species and the price at which it will sell. One factor is whether the animal is a carnivore which have public appeal due to their pointy teeth. A second contributing factor is how common the fossil is, the less common usually correlates with a higher price.

Mammals are among the least common fossils found the deposits of ancient Fossil Lake. The most common mammals are bats of which at least 30 specimens are known. Bats are more common due to their ability to fly over the lake. Land mammals need to die in the shallow, nearshore water or in tributary streams and subsequently drift into the lake’s center and sink to the bottom. This process limited the number of mammals that were preserved. From 1881 to date only 11 non-bat mammals have been found of which 8 are mostly complete. Of these specimens:

ATTACHMENT 2

• one is privately held and has never been offered for sale;

• two were sold in the 1990s so the sales prices are irrelevant today;

• one, a horse, has an asking price of $900k for the past 4 years, but has not sold;

• a horse was sold to the Smithsonian for a rumored $700k;

• one carnivore, most similar the specimen of interest, was sold with a non-disclosure agreement for the purchase price;

• only one has a confirmed sale price, the Hyopsodus which FOBU purchased in 2018 for

$24,999. The seller gave FOBU a significant discount relative to any other buyer for $40,000. This is a relatively low price for a mammal due to the poor quality of preparation, ventral view and missing front feet and part of legs and generally poor aesthetics on a rock too small for the fossil;

• The specimen of interest is being offered in its current, partially prepared state to any buyer for $110k and to FOBU for $100k.

The specimen of interest is a carnivore with a well-preserved skull and teeth, front legs and feet. It is missing the hip, and left leg. When asked what the price would be if the hip and left were present the seller said between $150-170K. This is the same person who sold a very similar mammal about 15 years ago but was asked to sign a non-disclosure statement for the selling price.

This suggests the asking price for the partial mammal is appropriately reduced due to the missing parts.

The asking price of $100,000 for the partial mammal fossil appears to be fair and reasonable.

4. If this is a determination for sole source, the contracting officer certifies:

a. Only one source is available, or urgent and compelling circumstances exist.

b. The anticipated price will be determined fair and reasonable using the price analysis techniques described in FAR Part 13.106-3(a).

(Signature) _______________________________________ (Date)__________________________

Type or Print Name: Arvid Aase Title: Museum Curator

(Signature) _______________________________________ (Date) ___________________________

Type or Print Name: __________________________________________ Contracting Officer

Over $25,000:(if applicable)

(Signature) _______________________________________ (Date) ______________________

Warranted Individual 1 Level Above Contracting Officer

July 10, 2021

Date_2: 08/09/2021