SOS_DON SAP Single Source_2024 May 15_Redacted.pdf

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

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 is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Medical care and rehabilitation services for injured/ ill native wildlife found at Pacific Missile Range Facility (PMRF). Includes testing, x-rays, prescribing and administering medicines, care of broken bones, euthanasia, and palliative care as necessary. Transportation of animals to/from PMRF, rehabilitation and husbandry services, banding coordination, and data collection and transmission to be included. Quarterly reports to be submitted. Cost is $ for one year of services, plus up to $ in materials. Services due upon awarding.

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

COMPETITION IS BASED ON THE FOLLOWING:

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.

[Explain what rights are restricted, why the restrictive rights make the required item or service need.]

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. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

The Save Our Shearwaters (fiscal sponsor program of the Hawaii Wildlife Center) is the only Federal and State permitted facility (Federal Rehabilitation/Possession Permits #MB212948-1, #MB86120B-2; State of Hawaii Rehabilitation and Possession Permits #WRPM-26 and #ED21-

01) approved to rehabilitate native Hawaiian avian species on the island of Kauai. Immediate medical care is essential to ensure positive outcomes for protected species; all other rehabilitation facilities would require flights off-island resulting in increased costs and lethal

. Increased take could result in constraints to activities and mission impacts, and additional costs associated with reopening consultations. Save Our Shearwaters is located approximately 45 minutes by car from PMRF and has the only facility on the island capable of providing high-quality and long-term care to native birds (i.e., appropriate medical facilities, rehabilitation pools, outdoor pens, and access to testing and veterinarians).

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

C. ___UNUSUAL AND COMPELLING URGENCY. 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:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

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.

5/15/2024 Signature Name (Printed) / Phone # Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

5/15/2024 Signature Name (Printed) Date