JOFOC_O_M_Gov_Boat_Dock_Lake_Mead_NRA_1.pdf

Last updated 6/2/2016

ATTACHMENT 1

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over SAT (41 U.S.C. 1901)

PR Number: 0040569021

1. Identification of the Agency and the Contracting Activity:

DOI/NPS/Lake Mead National Recreation Area, Lake Mead MABO

2. Nature and/or Description of the Action Being Approved:

Provide Maintenance and Inspection for the Government-owned dock located at Hemenway Harbor and attached to the Las Vegas Boat Harbor.

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

Base $ Option = $50,160/year, $250,800 total. The concessioner, Las Vegas Boat Harbor, Inc, and its subsidiary, Lake Mead LLC, will conduct visual inspections weekly and physical inspections monthly of the dock both above and below the water line: to include lighting, faucets, extinguishers, cables, and anchors.

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

Only one responsible source and no other supplies or services will satisfy agency requirements.

5. A Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

The Concessioner, Las Vegas Boat Harbor and its subsidiary, Lake Mead LLC, operate and maintain the Las Vegas Boat Harbor marina. Currently Lake Mead Group LLC holds the concessions contract for the area in question with no other vendors available at that location.

The Concessioner has been at Lake Mead National Recreation Area for the past 70 years and understands the Lake Mead’s ever-changing water levels and quagga issues. As the operators of the concessions marina, they have the qualifications to ensure that the visual and physical inspections are completed properly, but also the knowledge to monitor the underwater cabling and anchors for quagga issues. They have certified divers on staff, who are capable of maintaining the cabling and anchors, as well as moving the dock due to lowering water levels.

They maintain the utilities (water and electrical) which are needed for proper operation and maintenance of the dock and slipped government vessels. Finally, they have the necessary associated equipment required that make any other sources unable to complete this contract work, such as breakwaters, lift stations, and a crane vessel to support the anchor maintenance and adjusting work.

As the Government-owned dock is physically attached to the Concessioner’s Marina, it is not practicable to award to another vendor, the nearest location is not centrally located, as the Las Vegas Boat Harbor is, with a drive of over 25 miles to access the only other possible facility.

Furthermore, the other marina, Callville Bay, is currently experiencing accessibility issues due to rapidly lowering lake levels and there is no local launch ramp option at that location. Launch ramp services are required to retrieve government vessels for the purposes of maintenance/repair, or relocation to other operation areas.

Government Dock has 24 boat slips that are used by multiple federal and state agencies. All slips are in continuous use. All the vessels serve a variety of uses, including emergency services response, maintenance, resource management, and interpretation.

The danger of moving the dock, or not securing the dock to a marina or improperly maintaining the dock have the potential for severe consequences including major property damage to both government and private property, injury, and possibly death of employees and visitors to the marina. Improper maintenance, not securing the dock, or moving the dock without the proper safeguards could cause the dock to break away and collide with other property or people in its path.

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:

An agreement between Lake Mead National Recreation Area and Las Vegas Boat Harbor, Inc is being formalized to recognize the arrangements for connections between the Government-owned dock and the Concessioners Marina. Due to drop in water levels at Lake Mead, the Government dock operations were moved to Hemenway Harbor, no other concessioner docks are in operation at this location. If in the future, water level changes in Lake Mead necessitate relocating the Government-owned dock, an effort will be made by Lake Mead to proceed with a competitive procurement.

The Contracting Officer will publish a notice in the appropriate Government Point of Entry per

FAR 5.2

7. A Determination By the contracting officer That the Anticipated Cost to the Government Will Be Fair and Reasonable:

The park has access to the current moorage rates of all the Concessioners operating in Lake Mead National Recreation Area. The Contracting Officer anticipates that the cost to the Government will be fair and reasonable based on market research conducted for services of a similar magnitude and scope at Lake Mead.

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:

The Concessions Management Division provided the procurement team Concessioner moorage contract rates and private industry comparable rates as determined by NPS 48 and 2010 Concessions Management Rate Administration Guide.

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):

N/A

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:

As stated in section 6, the location of the Government-owned dock is dependent on water levels at Lake Mead. Any future relocation of the dock will consider ways to promote competition.

ATTACHMENT 1

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over SAT (41 U.S.C. 1901)

PR Number: 0040569021

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)____________________________________________________

(Type or Print Name): __________________________________________ (Title): Project Manager

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

(Signature/Date) ___________________________________________________

(Type or Print Name): __________________________________________ Contracting Officer

Reviewed/Concur by:

(Signature/Date) ___________________________________________________

(Type or Print Name): __________________________________________ Supervisory Contracting Officer

Approved by:

(Signature/Date) ____________________________________________________

(Type or Print Name): ___________________________________________ Chief of the Contracting Office

Chris Largent

Richard Dandasan

Brian Cyr

Lilette Baltodano