FY17_Kulp_Justification_Tennessee_Tech.pdf

Justification & Approval for Other than Full and Open Competition

For Simplified Acquisitions Over $3,500 and up To $150,000

(FAR 13.106-1) Date 2/28/17

Upon the basis of the following justification, the use of other than full and open competition of the proposed contractual action pursuant to the authority of 41 U.S.C. 253(c)(2), FAR 6.302-2

Unusual and Compelling Urgency.

Purchase Request:

1. Identification of the agency, contracting activity, and specific identification of the document as a justification for other than full and open competition.

The National Park Service, GRSM Contracting Office, proposes to enter into a contract on a basis of other than full and open competition in support of the Little Cataloochee Creek brook trout restoration project.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

GRSM uses the EPA approved fish pesticide antimycin-A to remove non-native rainbow trout from streams in order to restore native southern Appalachian brook trout. Although antimycin-A has the potential to impact non-target organisms like aquatic macroinvertebrates, to date, there have been no detrimental short or long-term impacts to aquatic macroinvertebrates during previous GRSM antimycin-A restoration projects. In order to document potential impacts, GRSM conducts pre-treatment, during treatment and post-treatment aquatic macroinvertebrate surveys. GRSM has published previous pre- and post-treatment macroinvertebrate studies, however one critique has been the lack of longer term (>2 years) pre- and post-treatment data. Therefore, GRSM surveyed the macroinvertebrate fauna during 2016 and will repeat surveys in 2017 (pre- and post-treatment), 2018 and 2019 in order to further document longer term pre- and post-treatment affects, if any. Invertebrate samples need to be sorted and identified to genus by qualified staff familiar with working in/around antimycin application projects. Given the extensive sampling design, familiarity with the remote backcountry study area and the need for staff trained in pertinent pesticide safety and PPE protocols, GRSM fisheries staff determined that Dr. Keith Gibbs at Tennessee Tech University (TTU) would have the necessary knowledge, experience and resources to safely conduct the surveys, sort the insects and provide quality results to the park.

3. A description of the supplies or services required to meet the agency’s needs.

The requirement is to sort, identify to genus and report the results in tabular form for 54 macroinvertebrate samples collected during 2015 and 2016 from Little Cataloochee Creek.

The requirement is to collect an additional 162 samples in 2017 at 1 month prior, 1 week and

1 day prior, 1 day and 1 week post and 1 month post treatment. During each of the six sampling periods, three replicates at nine sites will be sampled using a Hess sampler with a defined area of 0.1 m . Travel, hourly student support, sorting, identification to genus and supply costs will be incurred by the awardee.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart

6.302-2 entitled, “Unusual and Compelling Urgency.”

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Dr. Keith Gibbs at Tennessee Tech University (TTU) is uniquely qualified to assess the effects of antimycin on macroinvertebrate assemblages in Little Cataloochee Creek based upon the following:

His previous experience with antimycin restoration projects within GRSM. Dr.

Gibbs dissertation work involved a similar assessment of the Lynn Camp Prong brook trout restoration effort, which resulted in peer reviewed publication of the findings and allowed GRSM to establish a standardized sampling protocol.

Dr. Gibbs has collected macroinvertebrate samples in Little Cataloochee Creek for the past two years via a GRSM research permit utilizing university funding to provide pre-treatment data prior to restoration. These data will be combined with data from this contract in 2017 and 2018 to evaluate treatment effects and invertebrate population recovery (if affected). Therefore, Dr. Gibbs is very familiar with the watershed and the streams that will be treated.

Additionally, continuation of the standardized sampling protocol is essential for meaningful and comparable results. Dr. Gibbs has access to students at TTU to provide assistance during the labor-intensive tasks of sample processing and specimen identification.

Furthermore, Dr. Gibbs has experience in robust statistical analysis of macroinvertebrate assemblage data to produce peer-reviewed publications of this research.

5. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOps announcement was made and what response, if any, was received, or include the exception under FAR 5.202 if not synopsizing. Describe whether any additional or similar requirements are anticipated in the future (this may not be included as an addendum, but must be in the body of the JOFOC).

Due to the potential risks involved with working around restricted use pesticide applications, it was determined that the use of FedBizOps would not be in the best business or safety interest of the contractor or Government.

6. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

The Contracting Officer determined that the anticipated price will be fair and reasonable based on the standard commercial rate for similar collection, sorting, identification and analyses. Contracting Officer validated pricing with university research associate, (REDACTED). Due to the nature of the work and the unknowns, equipment and labor was negotiated by the sample.

7. A description of the market research conducted and the results.

Market research was not conducted due the Government’s knowledge of available contractor resources, experience and the urgent need to safely sample in/around active pesticide application areas.

8. Any other facts supporting the use of other than full and open competition.

Dr. Gibbs at Tennessee Tech University (TTU) is uniquely qualified to assess the effects of antimycin on macroinvertebrate assemblages in Little Cataloochee Creek based upon his previous experience with antimycin restoration projects within GRSM. Due the risk of pesticide exposure to the contractor, it was determined that seasoned contracted support was the best and only course of action to ensure sample collection was completed safely and successfully.

9. A listing of any sources that expressed a written interest in the acquisition.

There are no known sources interested in this acquisition.

10. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

Once samples are collected as outlined for 2017, there will be a reassessment by

Government leadership to determine if there is a contracted requirement for phase 2 operations. Should a phase 2 be required and contracted resources necessary, commercial acquisitions procedures will be adhered to in accordance with the Federal Acquisition

Regulations.