Sole_source_notice_ASU_amend_no_1.docx

Solicitation Number:

AG-8371-S-15-0017 Amendment no. 1 Notice Type: Special Notice Synopsis:

The United States Department of Agriculture (USDA), Forest Service (FS), Southwestern Regional Office, Acquisition Management, Recreation, Heritage and Wildlife unit, intends to award a sole source service to Arizona State University at a rate of $70,000. Repatriating these remains and funerary objects is cause to create procurement with this institution on a sole source basis using the following exemption as listed in the Federal Acquisition Regulations.

This procurement is being conducted in accordance with FAR 6.302-5, authorized or required by statute, FAR 6.303-2and FAR 13.106-3(b)(3)(i).

The services needed are available from only one responsible qualified source at this time and no other type of services will satisfy the need of preparing documentation for repatriation and deaccessioning of all Native American human remains and funerary objects from the Tonto National Forest, the Prescott National Forest and the Apache-Sitgreaves National Forest, assemble the human remains and funerary objects, pack the human remains and funerary objects for repatriation and transfer to the Hopi Tribe, the Pueblo of Acoma, the Yavapai-Prescott Indian tribe and the Salt River Pima-Maricopa Indian Tribe.

The services require the preparation of the documentation for the repatriation and de-accessioning of the human remains and funerary objects and assembling and packing human remains and funerary objects curated at the museum for repatriation. The services also involve assembling and delivering associated university documentation on the remains and funerary objects. Only the university staff has knowledge of and full access to the collections and the curation system in place at the university. The university will pack the remains and funerary objects for repatriation and transfer to the Hopi Tribe and the Salt River Pima-Maricopa Indian Tribe. The government does not have knowledge of the university’s curation system, storage facility, recodes management system. Even if the university granted access to its holdings, the governments would not be able to accomplish the task in the amount of time available.

The Native American Graves Protection and Repatriation Act is a Federal law passed in 1990. NAGPRA provides a process for museums and Federal agencies to return certain Native American cultural items – human remains, funerary objects, sacred objects, or objects of cultural patrimony – to lineal descendants, and culturally affiliated Indian tribes and Native Hawaiian organizations. NAGPRA includes provisions for unclaimed and culturally unidentifiable Native American cultural items, intentional and inadvertent discovery of Native American cultural item on Federal or tribal lands, and penalties for noncompliance and illegal trafficking. All Federal agencies are subject to NAGPRA. All public and private museums that have received Federal funds, other than the Smithsonian Institution, are subject to NAGPRA.

The principle steps of the NAGPRA repatriation process include – Federal agencies and museums must identify cultural items in their collections that are subject to NAGPRA, and prepare inventories and summaries of the items.

Federal agencies and museums must consult with lineal descendants, Indian tribes, and Native Hawaiian organizations regarding the identification and cultural affiliation of the cultural items listed in their NAGPRA inventories and summaries.

Federal agencies and museums must send notices to lineal descendants, Indian tribes, and Native Hawaiian organizations describing cultural items and lineal descendancy or cultural affiliation and stating that the cultural items may be repatriated. The law required the Secretary of the Interior to publish these notices in the Federal Register.

The term repatriation means the transfer of legal interest in Native American human remains and cultural items to lineal descendants, Indian tribes, and Native Hawaiian organization. In effect, transfer of interest in Native American human remains and cultural items is repatriation, regardless of whether they are regarded as culturally affiliated of culturally unidentifiable.

In NAGPRA, the term disposition refers to the return of cultural items excavated or inadvertently discovered on Federal or tribal lands after November 16, 1990, to lineal descendants, Indian Tribes.

Native American human remains, funerary objects, sacred objects, and objects cultural patrimony that were originally from Federal lands are usually under the control of the Federal agency that managed or manages the land from which the human remains or other cultural items were removed. In such cases, it is the Federal agency, and not the museum, that has the responsibility for carrying out the NAGPRA process.

The university is the only responsible source to de-accession, assemble, and pack objects in its own collections. Universities do not allow outside parties access to their collections and records to the extent required by this task.

As stated above, the Arizona State University has unique qualifications to locate, document, de-accession, assemble and pack objects in its own collections, plus unique qualifications to locate and assemble associated paperwork from its own archives. Even if other parties were allowed such access to the collections, it would require considerable time and expense to the government for them to learn and understand the university’s curation and records system.

This notice is neither a request for proposals nor a solicitation for offers and will close April 24, 2015, 3:00 pm Mountain Standard Time (MST). The North American Industry Classification System (NAICS) code for this acquisition is 541970 and size standard is 15.0 million.

A sole source determination by the government not to compete this proposed effort on a full and open competition, based on responses to this notice is solely within the discretion of the government. All responses may be sent to: Barbara A Hatch, Contracting Officer , USDA, Forest Service, Acquisition Management, 333 Broadway Blvd., SE, Albuquerque, NM 87102, or via email: barbarahatch@fs.fed.us or fax to (505) 842- 3111.

Contracting Office Address:

Southwestern Regional Office Acquisition Management 333 Broadway Blvd., SE Albuquerque, NM 87102

Place of Performance:

Tonto National Forest, Phoenix, Arizona, Prescott National Forest, Prescott, Arizona, and Apache-Sitgreaves National Forest, Springerville, Arizona United States

Primary Point of Contact:

Barbara A. Hatch 333 Broadway Blvd., SE Albuquerque, NM 87102 Email: barbarahatch@fs.fed.us Phone: 505-842-3450 Fax: 505-842-3111