Redacted_JnA_092817.pdf

JUSTIFICATION & APPROVAL

FOR NON-COMPETITIVE ACTIONS

UTILIZING FAR 13, SIMPLIFIED ACQUISITION PROCEDURES

TITLE OF PROJECT “Paul Sarbanes Ecosystem Restoration Project at Poplar Island”

Pursuant to FAR 13.104, the contracting officer must promote competition to the maximum extent practicable from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase. However, in accordance with FAR 13.106-1 (b)(1), the contracting officer may solicit from one source if the determination is made that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization) for purchases not exceeding the Simplified Acquisition Threshold (SAT). This memorandum addresses the Contracting Officer’s determination to award a procurement action on a non-competitive basis utilizing FAR Subpart 13, Simplified Acquisition Procedures (SAP).

Description of Services & Background

This acquisition is for the purchase of services such as providing technical support for the reviews of wetland designs, participation at meetings and providing technical support during construction. These services were previously acquired using the contract #W912DR-09-P-0161 with Sustainable Science, LLC (Albert McCullough - Owner). USACE as well as Maryland Port Administration – (MPA) has utilized Sustainable Science, LLC and their historical knowledge for the past twelve years. Sustainable Science, LLC is vital to this project because no others have the past history/knowledge of how the environmental elements at Poplar Island to create a safe haven for endangered species. (The aforementioned services will be solicited to only one source, Sustainable Science, LLC. The total value of this acquisition is estimated at $67,325 and therefore is within the simplified acquisition threshold.

Considerations & Solicitation

In accordance with FAR 13.106-1(a) and 13.104 the Contracting officer considered the following when selecting Sustainable Science, LLC for award.

Selecting another vender will cause the following impacts to the Poplar Island project:

1. A new vender would need to be allowed a learning curve of five to ten years to be knowledgeable enough to analyze and determine past, present and future data, planting criteria, hydraulic channel characteristics and environmental constraints. This project is under construction and cannot afford such delays or cost increases for training.

2. A new vender would interrupt the continuity of the construction which will delay the overall schedule which increases the construction costs by millions for every year delayed.

3. Disruption of the schedule also jeopardizes the dredging cycle which can destroy Baltimore’s economy.

4. The possibility of a high risk of failure exists because a new vendor would not have Sustainable Science LLC’s history of testing and development or the data he has accumulated.

The Consultant provides unique capabilities based on their experience of working for over a decade on the development of Poplar Island. Poplar Island is a unique project because there has never been an environmental enhancement project of this magnitude. Poplar Island is the cutting edge technology of designing and building wetlands at such an enormous scale. In this case Sustainable Science LLC has become the expert on Poplar Island and has developed knowledge and understanding that is unique to the Sponsor, the USACE and Poplar Island. The Government would incur serious funding if required to train another to the same standing as Sustainable Science. This would also create a risk of failure to the project if we have to create a new vendor of the same standing. The risk of failure, meaning this is a 2.5 billion dollar construction project in which any delays will cause significant costs and the possibility of not having the cells ready for the dredged material. If the cells are not ready for the dredged material, then the federal channels will be too shallow for the tankers and Baltimore will lose their shipping industry.

Based upon this, the Contracting Officer made the determination that competing this requirement would not prove to be advantageous to the Government.

Determination

Based upon the foregoing, the Contracting Officer determines that it is in the best interest of the Government to award this contract to Sustainable Science LLC.

Preparer Date Thomas Myrah

Contract Specialist Date

Contracting Officer Date Patricia Morrow