B08_Attachment_6_JOFOC_Rehabilitate_Rose_Garden_HOFR.pdf

Last updated 6/2/2016

ATTACHMENT 1

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over SAT (FAR 6.303-2)

PR Number 44006270

1. Identification of the Agency and the Contracting Activity: National Park Service. CON OPS

East

2. Nature and/or Description of the Action Being Approved: Specification of brand-name paving material with patented proprietary ingredients yielding performance characteristics beneficial to the government and the success of the project.

3. A Description of the Supplies or Services Required to Meet the Agency’s Needs, Including the

Estimated Value: OrganicLock™ Stabilized Aggregate Pervious Paving Material. This material is required for creating an accessibility surface that will be ABAAS compliant, water permeable, plant-based, self-healing and dust-free for use in providing accessible pathways that will resist erosion within the delicate environs of the Roosevelt Memorial Gravesite and Rose Garden. The historic garden and memorial setting requires a paving material that resembles stone dust for the paths but which will resist weed seed germination, support ABAAS accessibility, remain repairable, resilient, flexible and self-healing with a stabilized hydrocolloidal agent adapted to resist erosion from the aggregate with a high-pH additive to inhibit plant growth in the mixture.

Will cover 4,658 square feet to a depth of 3”. Material cost estimate is $11,420 for this product, which is competitive with porous asphalt or pavers that would be applied similarly but without the crack-resisting, self-healing, herbicidal and flexible properties offered by OrganicLock™.

4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

41 U.S.C. § 3304(a)(1); FAR 6.302-1(b)(1)(i). Consistent with FAR 6.302-1(b)(2), use of this authority is appropriate where, as here, the process and ingredients of the product that provide the combined features described above are patented and proprietary.

5. A Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires Use of the Authority Cited: Market research performed by NPS ROVA, NER/NPNH Contracting and project architect VHB has turned up no suitable alternate sources or brands that deliver the range of properties offered by the application of the OrganicLock brand stabilized aggregate material. The desired functionality results from a proprietary binding material patented under US Patent No. 8221831-B2 assigned to Envirobond Products Corporation and marketed as OrganicLock™.

6. A Description of Efforts Made to Ensure That Offers Are Solicited from as Many Potential

Sources as is Practicable, Including Whether a Notice Was or Will Be Publicized as Required by

FAR Subpart 5.2 and, If Not, Which Exception Under FAR 5.202 Applies: Notice will be publicized as part of the solicitation and offers with previously unknown alternate materials with the same performance characteristics will be considered.

7. A Determination By the contracting officer That the Anticipated Cost to the Government Will Be

Fair and Reasonable: Prices for OrganicLock™ were obtained from a local supplier (Stancills) and the product is sold in a broader commercial market. It is competitive with other similarly applied paving materials.

8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a

Statement of the Reason Market Research Was Not Conducted: Market research was conducted and looked into prior acquisitions of a similar nature. Suppliers prices and subject matter experts were consulted in developing the estimate. Through this process it was determined that there were sufficient sources available to meet the general requirement of landscaping services, but only one pervious paving material meeting the requirements for the ABAAS compliant garden paths that are consistent with the historical stone-dust paths and have the self-healing and herbicidal properties that are required for ongoing maintenance of this historic resource.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.302-

2 (9) (i) – (iii) for some examples):

Prior paving in areas of the Rose Garden have not held up well and are inconsistent with the

Park’s cultural landscape report which specifies stone dust paths are historically and culturally appropriate to the site. Stabilized aggregate is necessary to meet accessibility and maintenance requirements; however, standard stabilizers lack self-healing and herbicidal benefits. Roosevelt

Vanderbilt Park has installed the OrganicLock™ material in one location away from the Rose

Garden and have realized favorable results with a sound aggregate pathway that has remained grass and weed-free, self-healing, permeable and ABAAS compliant. Technical data available from the manufacturer provides a reasonable basis for the claims of performance properties.

10. A Listing of the Sources, If Any, That Expressed in Writing, an Interest in the Acquisition: N/A

11. A Statement of the Actions, If Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for the Supplies or Services

Required: NPS will consider other stabilized aggregate products making the same claims of performance as OrganicLock™ if accompanied by documented references that can validate successful claims to durability, ABAAS compliance, self-healing, herbacidal, non-toxic, dust-free and resilient performance.

ATTACHMENT 1

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over SAT (FAR 6.303-2)

PR Number 44006270

12. Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Signature) (Date) 05-28-2025

(Type or Print Name): Craig Oleszewski

(Title): Construction Control Representative

I certify that the justification is accurate and complete to the best of my knowledge and belief:

(Signature) _______________________________________ (Date) 05-30-2025

(Type or Print Name): Mary Hallmon

Contracting Officer

Reviewed for Legal Sufficiency by Solicitor’s Office (over $500,000 or as requested):

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): _________________________________________________

Attorney-Advisor

Reviewed/Concur/Approved by: (if applicable)

(Signature) _______________________________________ (Date) _______________________

Chief of the Contracting Office

Approved by: (if applicable)

(Signature) _______________________________________ (Date) ______________________

Bureau Competition Advocate

Approved by: (if applicable)

(Signature) _______________________________________ (Date) ______________________

Head of the Contracting Activity