A16_0040562916_Sole_Source_1.pdf

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: January 4, 2022 PR Number: 0040562916

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

A unprepared fossil bat. The specimen split through the skull upon discovery. The torso remained primarily on the rock slab with the lower half of the body mostly covered in matrix. The tips of one wing are off the natural broken edge of the rock. The specimen will have the remaining matrix removed where public can watch the process. Once prepared the bat will be placed on long-term exhibit in the visitor center. The price is $35,000.

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 mammals. Of the mammals bats are the most common because of their ability to fly and their habit of drinking from the water surface. If a rogue wave catches the bat, it will likely die in the lake. Over 30 specimens are known. Of these specimens most are in museums or private collections and not available to purchase. One fossil bat was found over 20 years ago by private collections. The collectors were contacted but could not locate the unprepared specimen among their thousands of unprepared fossils and so we were informed it was not available at this time. Two fossil bats were found in 2021, the first one sold to the Houston Museum of Nature and Science. A second specimen was found in August 2021 in a different quarry and is currently the only fossil bat from Fossil Lake available for purchase.

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

In 2020 staff assisted researchers studying the fossil bats of Fossil Lake by locating all known specimen. That exercise showed all bats but one were in museum or private collections and not being offered for sale. The owner of the available bat was asked to sell it. They are willing but were unable to locate the unprepared specimen among their thousands of unprepared fossils and so we were informed it was not available at this time and no price was proposed since they could not verify the condition of the bat. In 2021 a bat was found in June. It sold in July to the Houston Museum of Nature and Science for $70,000. This bat was nearly perfect under a thin layer of matrix, only the tips of its two canine teeth broke and stayed in the counterpart rock. The bat was also laid out in the rock in a very aesthetically pleasing way which is why the bat sold for the highest price to date for a fossil bat. In 2016 a bat with significant restoration was sold to the American Museum of Natural History for a reported $30k. Those are the two most recent fossil bat sales. The bat found in August 2021 split through the head upon discovery, the tips of one wing are naturally off the edge of one rock and the lower part of the body is covered with a thin layer of matrix. It is aesthetically laid out on the rock.

The asking price of $35,000 for the nearly complete, unprepared bat 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).

Type or Print Name: Arvid Aase Museum Curator

Type or Print Name: Katharina O'Reilly Contract Oing fficer

Over $25,000:

Type or Print Name: Luis Cibrian

NR MABO Lead Contract Officer

ARVID AASE Digitally signed by ARVID AASE Date: 2022.01.04 14:31:16 -07'00'