JOFOC_Over_150K_(6_303-2_A)_Final_-_EXECUTED_-_REDACTED_1.pdf

ATTACHMENT 1

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over $250,000 (FAR 6.303-2)

PR Number: 0040542414

1. Identification of the Agency and the Contracting Activity.

National Park Service (NPS) - National Mall and Memorial Parks (NAMA)

515 New York Ave, NE

Washington, DC 20002

National Park Service – National Capital Area – East MABO

1100 Ohio Drive, SW

Washington, DC 20242

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

The NPS – NAMA has identified the need for a single contractor to provide an additional fireworks display in Washington, DC to take place in West Potomac Park in conjunction with the fireworks display located at the Lincoln Memorial Reflecting Pool on July 4, 2021. The Lincoln Memorial

Reflecting Pool Fireworks display is awarded under Contract 140P3021C0022.

An opportunity to provide an additional fireworks display for the benefit of the national celebration of

July 4th arose on short notice, thus necessitating this action. On information and belief, in June 2021, the Presidential Inaugural Committee (PIC) first initiated discussions with the White House, wherein the PIC advocated for an expanded July 4th fireworks display and also offered to reimburse the

Government for this cost. Further coordination between the White House and the National Park

Service was necessary and took several days. While principal agreement between PIC and the

Government was reached shortly before the signing of this Justification Approval, the PIC-

Government agreement is being further memorialized concurrently with this action.

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

Estimated Value:

The NPS – NAMA has routinely provided a fireworks display in Washington, DC at a single location, the Lincoln Memorial Reflecting Pool, with options to shift the location to either the West Potomac

Park North and West Potomac Park South locations for security or other reasons as directed by the

Government.

As enabled by the PIC’s offer of reimbursement and with the support of and in coordination with the

White House, NPS will add an additional fireworks display to take place in West Potomac Park to work in conjunction with the already planned fireworks display awarded under Contract

140P3021C0022 at the Lincoln Memorial Reflecting Pool. The additional work will be 17.5-minute fireworks display in West Potomac Park which will include display, design and production and associated logistical elements such as flooring, portable toilets, and street sweepers for cleanup.

Justification for Other Than Full and Open Competition

The Government Estimate:

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

FAR – 6.302-1 (a)(2) – When the supplies or services required by the agency are available from only one (1) responsible source.

FAR 13.501 (a)(1)(i) – Conduct sole source justifications as defined in 2.101 (including brand name) under this subpart only if the need to do so is justified in writing and approved at levels specified in paragraphs (a)(2) of this section. FAR 13.501 (a)(2)(i) – for proposed contract exceeding the simplified acquisition threshold, but not exceeding $750,000, the contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief will serve as approval. In addition, per agency policy (DOI-AAAP-0075), this Justification and

Approval will be reviewed by Regional Chief of Contract and DOI Solicitors office.

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

Acquisition Requires Use of the Authority Cited.

During the week of June 14, 2021, we learned that the PIC had conceived of and offered to support an expanded July 4th celebration when the White House contacted the National Park Service about adding a second fireworks display. The original request also was to include a LED drone light show;

however, it later was decided to not include the aerial drone display and only focus on the second fireworks display.

Due to this development occurring within only several days of July 4th, including finalizing of the scope and funding level for the second fireworks display, we have determined that Garden State

Fireworks, Inc. is the only contractor that can provide these additional firework display services due to the short turnaround time required.

Garden State Fireworks, Inc. was recently awarded Contract 140P3021C0022, which includes a base year plus four (4) one-year options for the 4th of July fireworks display that is usually conducted at the

Lincoln Memorial Reflecting Pool every year. This contract was competitively awarded on May 28, 2021. The contract awarded includes one (1) fireworks display, although it also includes options to use the West Potomac Park North and West Potomac Park South, but with those locations only to be used in the event the Lincoln Memorial Reflecting Pool location could not be used.

While advanced acquisition planning normally is an integral part of the overall process of acquiring products or services, FAR 1.102-2 (a)(7) does permit flexibility to “accommodate changing or unforeseen mission needs.” As the National Park Service learned from the White House of the possibility of acquiring an additional fireworks display with little to no opportunity for advanced acquisition planning, it must be flexible to accommodate this requirement. The Contracting Officer also considers awarding a sole source contract to Garden States Fireworks, Inc as a “Risk

Management” strategy as authorized by FAR 1.102-2 (c)(2) because, compared to awarding to a second vendor (were such an award even possible), it will significantly reduce administrative operating costs and ensure maximum efficiency. Even though there will be a total of two (2) contracts for fireworks displays, they will be performed and coordinated through a single contractor, thus ensuring fewer communication, coordination, and safety issues.

Additionally, Garden States Fireworks, Inc. has already secured the necessary and required permits for the first fireworks display and coordinated all the necessary security requirements. The permitting process alone can take a few months through the NPS for NPS properties, but the permitting process is significantly more difficult for the permit that is required from the US Coast Guard for the fall out zone over water.

This permitting process has a lead time of approximately 135 days, which the NPS does not have the time for in this case, nor any control over. Garden State Fireworks, Inc. already has a developed a relationship with US Coast Guard, because of the experience on the current Contract

140P3021C0022, and prior years fireworks displays as well. Because relationship expedited the process for getting the fall out zone water permit, that is reasonable to conclude that no other contract could do. Adding another contractor at this time would significantly increase the risk to both the

Government and the contractors(s). The risk would be heightened by having to coordinate and plan for two contractors working on two separate events while both are handling and discharging explosives within highly sensitive areas of Washington, DC.

As a result, using sound business judgement as authorized by FAR 1.102 (d) and 1.102-4 (e), the

Contracting Officer reasonably concludes that that is neither enough time to solicit nor to coordinate two productions and fireworks displays. Garden State Fireworks, Inc. is the only contractor capable of responding and safely and properly performing the services required within the time required by the Government.

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.

Due to the last-minute nature of the requirement and short turn-around time before this complex series of events, it is not considered in the Government’s best interest to solicit from as many practicable sources as possible. While it is known that there are sources available, it has been reasonably determined that no other sources are in the position to respond to this requirement in an efficient manner within the timing that is required.

The action will be publicized in accordance with FAR 13.501 (a)(iii) and in accordance with 6.305.

7. A Determination By the Contracting Officer That the Anticipated Cost to the Government Will

Be Fair and Reasonable.

The Government estimate is based upon the proposal received from the contractor with respect to the second fireworks display. The Government has compared the pricing under Contract

140P3021C0022 for the Lincoln Memorial Reflecting Pool fireworks display and used it as a basis to determine that Garden States Fireworks, Inc.’s price for the second fireworks display is fair and reasonable. This takes into account the extra costs associated with expedited shipping costs for hazardous materials and the larger display area as compared to the existing Lincoln Memorial

Reflecting Pool fireworks display.

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:

Due to the timing of the requirement, no additional Market Research was conducted; however, Contract 140P3021C0022, awarded on May 28, 2021, has served as a baseline to assess the cost and performance elements under the second fireworks display contract.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition:

We are advised that GAO decisions support sole source actions to fulfill the Government’s requirements within expedited time frames in circumstances where, as here, the Government did not have time to compete the requirements.

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:

With this positive opportunity for an expanded July 4th celebration nevertheless creating exigent circumstances, it was difficult to plan, remove or overcome any barriers to competition. But for future contracts, these kinds of events should be considered, with the next long-term contract possibly to be awarded as a single award ID/IQ. In such a case, additional performance elements could be added as necessary through Task Orders. The main ID/IQ would have been competed, giving all potential contractors the opportunity to consider these kinds of contingencies in their pricing and approach.

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): __________________________________________________

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

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): Brian McCabe

Contracting Officer

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

(Type or Print Name): _________________________________________________

Attorney-Advisor

Reviewed/Concur/Approved by: (if applicable)

Regional or Center Chief of Contracting

Approved by: (if applicable)

(Signature) _______________________________________ (Date) ______________________

Bureau Competition Advocate

Approved by: (if applicable)

(Signature) _______________________________________ (Date) ______________________

Head of the Contracting Activity