Justification for Other than Full and Open Competition - FAR Part 13_SFS_EDB_2020.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.2 (22 March 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

This is a non-personal service for the monitoring, tracking, and relocation of the Eastern

Diamondback Rattlesnake and Southern Fox Squirrel in order to enable the Depot Natural

Resources Section (NRS) personnel to: 1) manage the natural resources around the training mission and ensuring continued access in order to support the Depot’s Continuity of Operations;

2) manage the habitat necessary to support wildlife in which we are charged with managing as required by MCO 5090.2, Volume 11; 3) help to better protect recruits, civilians, and permanent personnel from EDB and SFS interactions; 4) and potentially increase the biodiversity of the

Depot as required in the Depot’s Integrated Natural Resources Management Plan and MCO

5090.2, Volume 11.

Period of Performance: 15 July 2020 – 14 June 2021

Recommended Source:

Marshall University Research Corp; Chris Schlenker, 304-696-4307; 401 11 th St, Suite 1400, Huntington, WV 25701-1224

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. _X_OTHER REASONS.

The proposed source for this requirement is Marshall University. Marshall University is the only source that will satisfy the agency requirements and that recognizes the critical impact to the

Continuity of Operations posed by the interactions with the Eastern Diamondback Rattlesnake

(EDB) and Southern Fox Squirrel (SFS). The effective research-based standards, techniques, and practices employed by Marshall University will assist in managing these species in and around the recruit training environment and assist with preventing them from impacting recruit training.

Marshall University is vastly familiar with the EDB and the translocation of the SFS. Marshall

University scientists possess the resident knowledge of MCRDPI habitats and the behavior of the rattlesnake population and fox squirrel population. Since 2008, researchers from Marshall

University have monitored the MCRDPI eastern diamondback rattlesnake (EDB) population using mark-recapture and radio telemetry methods. Baseline work with our population of the

EDB was initially related to the 202K Grow the Force Environmental Assessment in 2008.

Twelve years of monitoring have been completed by the same contractors that initiated the work/ study in 2008. Results have indicated that our maritime (coastal) rattlesnake population is behaving differently than the inland populations. Additionally with recent hurricane-related timber management activities there are concerns that human/EDB interactions could increase.

Recent anecdotally observed changes in mammal populations has shown a decline in the EDB population. Further monitoring, tracking and population evaluation work are necessary to fully understand this species, habitat management actions and recruit training activities so that we can manage it and its habitat more effectively.

Additionally, Southern Fox Squirrels were translocated to Parris Island from wild populations in

Beaufort County, SC in order to re-establish populations of the Southern Fox Squirrel (SFS) as part of a comprehensive restoration plan and stewardship of the Depot’s natural resources. This study was also managed by Marshall University and is centered on a conservation/mitigation program. The program uses translocations to increase biological integrity and ecosystem services. As a result of current efforts, monitoring suggests that recruitment is occurring in the

MCRDPI SFS population. Project goals are to continue monitoring translocated fox squirrels on the MCRDPI to assess survival and increase sampling effort to document recruitment and determine whether additional translocations onto the installation are necessary. Continued efforts will require any new SFS subsequent offspring to be re-fitted with radio collars and continued monitoring/tracking.

If the monitoring and tracking of these species were to cease it would decrease the MCRDPI

NRS’s ability to effectively manage these resources under the Depot’s Integrated Natural

Resources Management Plan and MCO 5090.2, Volume 11 – Natural Resources Management and endanger and impact the recruit training areas and halt recruit training being conducted in these areas. Furthermore, ceasing efforts with Marshall University would put over ten (10) years of critical research at risk, resulting in approximately $421,342 lost to: previous and existing research; costs required to search for an agency properly equipped to research both species and the immediate re-establishment of research; the costs of establishing temporary training areas and the costs associated with the recovery efforts of the permaneant recruit training areas to resume training required by MCRD Parris Island’s Mission of “Making Marines.”

Marshall University is a responsible source possessing the resources required to effectively and efficiently manage the Government’s project: Marshall University has the research experience;

institutional knowledge; and personnel intimately familiar with the history of MCRD Parris

Island’s Eastern Diamondback Rattlesnake and Southern Fox Squirrel monitoring and tracking, and the current direction of the proposed project, project sites, and Government’s requirements.

B. BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

John D. Holloway, Jr. /843-228-3066 19 Jun 2020 Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date