A16_Sole_Source_signed_1.pdf

Single Source – Under SAT Page 1 of 3

United States Department of the Interior

NATIONAL PARK SERVICE

CONOPS NATIONAL, NCR MABO

DETERMINATION & FINDINGS FOR OTHER THAN FULL AND OPEN

COMPETITION

PR Number:

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

The National Park Service, National Capital Region, National Capital Parks East (NACE) requires emergency services to remove, repair and replace approximately 150 linear feet of water main leading into the yard. A major water leak occurred in front of the Activity Center causing a complete disruption of water service throughout the Park, leaking hazardous water into the roadway and may cause further damage to property and/or people. NACE requires the repair of the section of water main to mitigate water leak and restore water to the Park to maintain effective and efficient park operations.

This is a short-term contract, with a Period of Performance of thirty (30) days, to allow time for the necessary emergency repair, inspection and final invoice.

Government Estimate: $127,159.00

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

____Only one Responsible Source

_ __Unusual and Compelling Urgency

____ Exist Other

Single Source – Under SAT Page 2 of 3

Explain: Unusual and Compelling Urgency

In accordance with FAR 6.103-2, there is an unusual and compelling urgency to restore water promptly, repair approximately 150 linear feet of water line including excavation, removal, replacing and repairing. Delay in award would result in serious injury, damage and further financial impact to the Government.

The Contracting Office does not have adequate time to solicit competitively for the required service. There is an urgent need to perform work immediately. Water is continuously leaking and causing major impact on property and people.

As a result, the Contracting Office will solicit and award the requirement to a sole source to perform the immediate work. The Contracting Officer considers the award of short-term single source contract an effective risk management strategy as authorized by FAR 1.102 (c) that is reasonably considered to provide less risk to the taxpayer. The Government would be at greater risk in terms of cost, should the solicitation and award of emergency repair service be sought and competed.

If the Government does not seek award in place immediately, there is a significant risk to the Government in terms of serious financial injury. The damage to the Park and roadway, property and vegetation soon can lead to further operations problems due to larger needs and requirements, which may lead to increased costs and time, not to mention the public image, that is even more difficult to determine in terms of cost and time to restore.

The intent is to issue a short-term sole-source contract to Kaiva Services, LLC as authorized by FAR 13.101(b). Additionally, as the intent of this contract is to provide for emergency short-term performance, it does not make sense from a business and cost perspective to compete this short-term requirement. The sole source contractor, Kaiva Services, LLC has the familiarity and experience with the required area, which any new contractor would not have. As there is always a period of learning and understanding for any new contractor taking on a project, it is not considered in the Government best interest to award to a contractor that is not familiar with NACE to perform the service immediately. Awarding a single source contract to Kaiva Services, LLC significantly reduces the risk and costs associated with competing a contract.

The Contracting Officer (CO) using sound business judgement, as authorized by FAR 1.102(a)(7) and 1.102(b)(4), considers a sole source award to Kaiva Services, LLC to be in the best interest of the Government.

3. Market Research.

The Government conducted Market Research. It was found that multiple vendors are available under the NAICS Code 237310 – Highway, Street and Bridge Construction, including Small Business Concerns during this research. These services were also found to be available under the Fish and Wildlife Services IDIQ contracts for construction alterations/repairs, and Bureau of Indian Affairs Construction MATOC;

however the IDIQ contractors would need time to be provided fair opportunity to compete the requirement and require site visit to inspect area and will not be able to perform services as needed immediately. Kaiva Services, LLC has previously

Single Source – Under SAT Page 3 of 3 performed the latest waterline repairs at Oxon Hill (140P3024P0065) and Brentwood Facility (140P3024P0067) and are familiar with the areas of NACE and able to perform the park’s waterline repair requirements right away.

Since, Kaiva Services, LLC was the previous contractor providing these services, it is not considered in the best interests of the Government to seek alternate sources for a short-term contract. The intent is to award from a single source as noted above in previous sections, and the market research found will not be considered for this award process but will be applied and considered for any new waterline repair requirement.

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

a. Other reasons exist for soliciting from a single source as stated above.

b. The anticipated price was determined fair and reasonable using the price analysis techniques described in FAR Part 13.203(a).

Ernest Biggs, Contracting Officer Representative Date:

Bophany Drakeford, Contracting Officer Date:

Warranted Individual, 1 Level Above Contracting Officer (Over $50,000, if applicable)

One (1) Level Above Contracting Officer Date: