M0026321P0013_Justification and Approval.pdf

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

V 1.3 (28 June 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)(3)(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:

Requirement: Archaeological Records curation Recommended Source: University of South Carolina, Institute of Archaeology and Anthropology

(SCAA)

The objective of this Archaeological Records curation project is to fulfill the Marine Corps' Section 110 responsibilities of the National Historic Preservation Act and enhance the management and overall stewardship of Charlesfort-Santa Elena NHL. It will enable MCRDPI to demonstrate compliance with the National Environmental Policy Act of 1969 (NEPA), the National Historic Preservation Act of 1966 (PL 89-665) as amended, the Archeological and Historic Preservation Act of 1979 (PL 93-291) as amended, and 36 CFR Part 79 regarding the Curation of Federally-owned and Administered Archaeological Collections, specifically Complete and Accurate Records (79.9(b)(1)) derived from archaeological investigations on Federal property.

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.

Following three decades of research and excavation, SCIAA archaeologists are the preeminent authorities and scholars on Charlesfort/Santa Elena history and archaeology. They uniquely possess an intimate knowledge of the site unavailable from any other source. In order to maintain continuity of the ongoing work and to ensure all data records are processed according to standards, SCIAA must be the sole source for acquisition of Archaeological Records processing and inventory tasks. SCIAA began archaeological investigations at the Charlesfort/Santa Elena National Historic, Parris Island, SC in 1979. As a result, large collection of field records totaling 94 linear feet including hand drawn maps, excavation and feature forms, photographs, slides, analysis forms, etc. Because this collection accumulated over a period of three decades, the records exist in varying forms and are property of SCIAA.

By state law, SCIAA is also the authority for records archiving and curation standards.

Pursuant to S.C. Code of Laws 60-13-210, the Director of the South Carolina Institute of Archaeology and Anthropology (SCIAA) is responsible to the State for curating the archaeological collections and setting curation standards and policy. These standards are set forth in the USC/SCIAA’s Curation, Loan, and Access Policy (2005).

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.

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.

Kimberly S. Zawacki 228.2834 12/7/20

Signature Name (Printed) / Phone # Date