Justification for an Exception to Fair Opportunity_X016_ACQR 6088639_Redacted.pdf

CUI

January 2025

Controlled by: Department of the Navy Controlled by: EPLAN CUI Category: PROCURE Limited Dissemination Control: FEDCON POC: navfac.command.mailbox@us.navy.mil

Justification for an Exception to Fair Opportunity

1. AGENCY AND CONTRACTING ACTIVITY:

This is a Justification for an Exception to Fair Opportunity. The requiring activity is the MARINE CORPS BASE CAMP PENDLETON; the contracting activity is the Naval Facilities Engineering Systems Command Southwest (NAVFAC SW)

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: This is a limited source action to be awarded as a new task order to Statistical Research, Inc., under contract number N62473-25-D-0007. The placement of a firm, fixed price order is anticipated.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is required to enable MCB Camp Pendleton to meet its Government-to-Government consultation requirements under the National Historic Preservation Act and other regulations. The purpose of this project is to assist MCB Camp Pendleton and consulting tribes in producing an ethnographic study designed to identify and evaluate properties with traditional religious and cultural significance in collaboration with affiliated Tribal governments. The Period of Performance is expected to last one year. The contractor shall be Statistical Research Inc., and the estimated value is $399,565.64.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY: The statutory authority which permits exception to fair opportunity to be considered for each order over the micro-purchase threshold issued under a multiple award contract is 10 U.S.C. 3406(c), as implemented by FAR 16.505(b)(2)(i) (A-G):

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized

The order-must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order

It is necessary to place the order to satisfy a minimum guarantee

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that purchase-be made from a specified source

Set aside orders for any of the small business concerns identified in 19.000(a)(3) in accordance with section 1331 of Public Law 111-240 ( 15 U.S.C. 644(r))

The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302

5. RATIONALE/EXPLANATION TO SUPPORT CITED AUTHORITY:

Controlled by: EPLAN CUI Category: PROCURE

This justification supports an exception to the fair opportunity to compete/sole source task order award to Statistical Research, Inc. for the completion of an Ethnographic/Historic Property Study for Marine Corps Base Camp Pendleton (MCB Camp Pendleton). This study is critical to fulfilling MCB Camp Pendleton’s obligations under Section 106 of the National Historic Preservation Act (NHPA) and ensuring the protection of culturally significant resources for the Pechanga Band of Indians and the Rincon Band of Luiseño Indians. While multiple award contract holders are deemed capable of performing cultural resource work in general that falls under this multiple award contract, the unique and specialized requirements of this particular study, specifically the need for deep tribal involvement and specialized expertise in Traditional Cultural Property (TCP) evaluations with these particular Tribes, necessitate the selection of Statistical Research, Inc. for this task order.

• Justification for Sole Source – FAR 16.505(b)(2)(i)(B)

Based on documentation provided by the subject Tribes, Statistical Research, Inc., via employee Dr. , has unique qualifications, expertise and Tribal experience/relationships necessary to successfully complete this specific Ethnographic/Historic Property Study at the required level of quality, for these particular Tribes at MCB Camp Pendleton. This conclusion is based on the explicit recommendations from both the Pechanga Band of Indians and the Rincon Band of Luiseño Indians, as detailed in the attached letters from their respective Tribal Historic Preservation Officers (THPOs), specifically stating that per one particular Tribe, SRI (via its employee Dr. “is the only researcher who can complete this project and produce a report which will satisfy the goals of the Tribes and MCB Pendleton.” (Pechanga Tribal Historic Preservation Office Letter).

• Why SRI is the Only Capable Source

The letters articulate that it is the Tribes’ positions that previous cultural resource investigations on MCB Pendleton have been deficient due to a lack of meaningful consultation with affiliated Tribes. The Tribes consider that certain previous studies have overlooked Luiseño heritage places and did not adequately identify and evaluate historic properties of cultural significance.

To avoid those problems in this new study, it is necessary to award to SRI, based on SRI’s particular experience necessary for this unique and highly specialized work.

Both Tribes specifically recommend SRI due to the following:

o Tribal Experience: SRI, via its employee Dr. has completed specialized experience regarding successful collaboration with the Pechanga Band of Indians, having worked closely with them on prior TCP evaluations. Such successful collaborative experience with this particular Tribe is essential to successful completion of this study, in order to achieve meaningful consultation and the elicitation of accurate and complete Traditional Cultural Knowledge (TCK).

o Specialized Expertise for Unique and Highly Specialized Work With These Tribes: SRI has extensive experience with National Park Service Bulletin 38 (2024

Controlled by: EPLAN CUI Category: PROCURE amendments) and the nuances of TCP evaluations, differentiating them from standard archaeological documentation, and with the published ethnographic information and archaeological record for the Luiseño Tribes.

Other multiple award contract holders do not have this specialized TCP experience/specialized experience with these two particular Tribes, which is necessary for successful completion of this unique and highly specialized work. Award of this task order to a contractor other than SRI would not provide for full and successful Tribal involvement, hindering the study’s progress and potentially leading to inaccurate or incomplete data. The success of this study hinges on the active participation and cooperation of the Tribes, which is only able to be secured with SRI and their specialized and unique experience with these two Tribes, as detailed in the attached letters.

• Cost & Time to Bring Other Contractors Up to Speed & Project Duration

Bringing another contractor up to speed would require significant time and expense. Estimating conservatively:

o Tribal Consultation & Relationship Building: Establishing the required study relationship for a contractor without SRI’s specialized experience with the Pechanga and Rincon Bands would take a minimum of 6-12 months, involving numerous meetings, presentations, and demonstrable commitment to collaborative research principles.

o Specialized Training: Providing training on Luiseño cultural context would require an additional 3-6 months and significant costs for expert consultation.

o Potential for Re-work: If a contractor without the previous specialized experience with these two Tribes was contracted to do the study, there is a high risk that initial work performed by a new contractor would need to be reviewed and potentially re-done, adding further time and expense.

This equates to an estimated 9-18 months and potentially tens of thousands of dollars to bring another contractor to a comparable level of preparedness, given the specialized experience of SRI with these particular tribes.

This Ethnographic/Historic Property Study is not a one-time task. MCB Camp Pendleton is a large installation with a complex history and high potential for undiscovered cultural resources.

The data collected from this study will inform future planning and project development for years to come. The initial investment in securing a qualified researcher with the requisite specialized experience with these Tribes is crucial to ensuring the long-term success of MCB Camp Pendleton’s cultural resource management program.

Based on the letters received from the Pechanga and Rincon Bands of Luiseño Indians, and the significant time and expense required to bring other contractors up to speed, a sole source award to Statistical Research, Inc. is the only viable option to ensure the successful, timely completion of this critical Ethnographic/Historic Property Study. This study is essential for fulfilling MCB Camp Pendleton’s legal obligations and protecting the invaluable cultural resources within the installation’s boundaries.

Controlled by: EPLAN CUI Category: PROCURE

6. FAIR AND REASONABLE COST DETERMINATION: The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

7. ANY OTHER FACT SUPPORTING THE JUSTIFICATION: N/A

8. ACTIONS TO INCREASE COMPETITION: Due to specific and unique requirements of this project, a sole source is required, as described above.

9. TECHNICAL/REQUIREMENTS/FUNCTIONAL LEAD CERTIFICATION

I declare that the facts and representations under my cognizance which are included in this justification is complete and accurate to the best of my knowledge and belief.

10. LEGAL SUFFICIENCY REVIEW

I have reviewed and determined this Justification is legally sufficient.

11. CERTIFICATION AND APPROVAL

Upon the basis of the above justification, I certify that this justification is accurate and complete to best of my knowledge and belief and hereby approve the Exception to Fair Opportunity for the proposed procurement(s) described herein using pursuant to the 10 U.S.C. 3406c, as implemented by FAR 16.505(b)(2).

ACTIVITY CONTRACTING OFFICER