Redacted__JA_PowderHornCollection.doc

CMO 2016-099

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION FOR SIMPLIFIED ACQUISITION UNDER THE TEST PROGRAM FOR COMMERCIAL ITEMS

(FAR 13.501)

1. Contracting Agency: Army Contracting Command -Warren (ACC-WRN) is the procuring activity for this action. Attn: CCTA-HDC-C, Warren, MI 48397-5000.

2. Description of Action: This proposes actions is to award a firm fixed price contract for the purchase of a historic powder horn collection dating from 1709-1783. This action will be funded with Fiscal Year (FY) 2016 Operations and Maintenance, Army (OMA) funds in the estimated amount of $1,302,200.00 The powder horn collection contains exceptionally rare pieces not already in the US Army Museums Collection. Additionally, Section 1, 16 USC 461, declares, “it is national policy to preserve for public use…objects of national significance for the inspiration and benefit of the people of the United States”.

3. Description of Supplies/Services: This procurement is for a historic artifact collection. The resultant contract will be for the purchase of several different types/styles of historic powder horns used by various individuals during the time period of 1709 thru 1783. Some examples include: Daniel Tuttle’s powder horn used during the French and Indian War,1755; John Ball’s horn utilized during Queen Anne’s War,1709, also the oldest dated powder horn with American military significance; and Ephram Derthick’s powder horn which includes details of the Siege of Boston and was made in Roxbury in 1775. There are a total of 76 different powder horns included in the Powder Horn Collection.

4. Authority Cited: The statutory authority permitting other than full and open competition is the commercial test program 41 U.S.C. 1901 as implemented by FAR 13.501(a), Sole source acquisitions.

5. Reason for Authority Cited: Finding specific rare historic objects is no easy task. The term “rare” implies there are very few; a dilemma when obtaining rare objects within a Collections Content Plan and Scope of Collections. In general, the number of collections containing rare historic objects, in particular collections containing firearms and associated items, are not known to the general public and limited to a very small number for the following reason:

a. The availability of individual items are very low in numbers. Demand is high among very few people which drive up competition to obtain the individual items.

b. The cost of individual items is exceptionally high.

c. The high historic and monetary values make them targets of criminals.

powder horn collection is the only known collection of this kind available at this time and cannot be duplicated due to the fact that each piece relates to a known individual Soldier known as “provenance.”

Provenance is a fundamental principle of archivists worldwide and an accepted standard of the Society of American Archivists. Provenance refers to an individual, family, or organization that created or received items in a collection. Original order is a fundamental principle of archives. The main purpose of maintaining records in original order is that it preserves existing relationships and evidential significance that can be inferred from the context of the records. The Center of Military History cannot adequately interpret US Army history without provenanced items. Due to the age of the artifacts, there are even fewer examples known to exist.

Although other powder horn collections from 1709 thru 1783 may exist, there are no other known collections of this magnitude available to the US Army Center of Military History, especially with the associated provenance to almost every single piece. The “provenance” or association of the artifacts as they relate to an individual and the US Army are of the greatest value.

Provenanced items are necessary for the Center of Military History to certify authentic pieces of American history. Without provenance, the Center of Military history will have a difficult time creating credible exhibits in their museum, since the exhibits will not be able to present the items as “authentic.”

US Army Museum exhibits that interpret US Army history through the use of artifacts provenanced to a specific individual intrinsically embody the leadership qualities and virtues of the American Soldier who represents our Nation. While similar artifacts or collections with no provenance are plentiful on the market at a lower cost, it is essential to US Army Museum’s requirements to acquire era specific war artifacts that have an association to a specific individual as opposed to replicated items that already populate the Army historical collection.

6. Efforts to Obtain Competition:

a. Effective Competition: This action is for a very unique collection of military artifacts and is only available from one source. This will be a one-time sole source action and no further competition is anticipated for this action.

b. Subcontracting Competition: This action is for a very unique collection of military artifacts owned by Mr. Thomas Grinslade and therefore, there are no opportunities for subcontracting on this effort.

7. Actions to Increase Competition: Due to the rare nature of this procurement there are no other viable means to increase competition aside from the sources sought. A sources sought was posted on Federal Business Opportunities (FBO) on 03 May 2016 for this procurement.

8. Market Research: In March 2016, the most respected expert of powder horns in the United States, Mr. Roland Cadle, established fair market values for each item using his experience and knowledge of powder horns. Moreover, a curator of the US Army Center of Military History researched past auction catalogs and reviewed previous pricing. Market research indicates that the values of historical objects are usually based on condition, extant, associated history, and current market trends.

The following Subject Matter Experts (SME) were used to determine current fair market values:

Roland Cadle, founder of the Honorable Company of Horner’s

The following curators also reviewed literature and past auctions:

Dieter Stenger, Curator, MSC.

The following literature and auctions were reviewed:

a. Used internet sources to establish ranges of costs of larger collections by averaging comparable prices include www.northeastauctions.com, www.bonhams.com, www.sotheby’s.com, www.davidcondon.com, www.michaelsimens.com, www.collectorsfirearms.com, cowanauctions.com, and www.sailorandsaddle.com.

b. Review of collections purchased in the past:

1. William Guthman Collections: Powder Horns $4.7 Million

2. William Guthman Collections: Collection of Manuscript, Printed, and Graphic Americana $1.8 Million

3. Sotheby’s Auctions; An American Revolutionary War Battle Flag, 1776–1779, the color of the 2nd Continental Light Dragoons captured by Lieutenant Colonel Banastre Tarleton at Pound Ridge, Westchester County, New York on July 2, 1779. Together with the three further battle flags in the next lot, the last American Revolutionary War colors known to remain in British hands and the last such colors to remain in private hands anywhere. The earliest surviving American flag of any kind with a field of thirteen red and white stripes. One of the last great relics of the Revolution in private hands. Price: $17,392,000.00 Furthermore, A sources sought was posted on Federal Business Opportunities (FBO) on 03 May 2016 for this procurement and no other parties expressed interest.

Confirmation of Survey and Examination: In March, the following individuals surveyed and examined the Grinslade Powder Horn Collection for authenticity and condition:

Christopher J. Semancik, Branch Chief

9. Interested Sources: This effort will be synopsized on FBO, in accordance with FAR 5.201, “Synopses of Proposed Contract Actions” to alert interested contractors. Once the combined synopsis/solicitation is formally posted any proposals received, and any responsible sources will be considered.

10. Other Factors: N/A

a. Procurement History: None

11. Technical Certification:

I certify the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Dieter Stenger

Date: 5-5-16 Title:

Curator

Signature:

12. Requirement Certification:

I certify the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Dieter Stenger

Date: 5-5-16

Curator

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The items provided under this contract are determined to be commercial in nature. In accordance with FAR 15.403-1(b)(3), Certified Cost and Pricing data is not required. The proposed price will be supported by analyses of information other than certified cost or pricing data obtained from the contractor.

Name: __Richard Harris________ Date: __05 May 2016___

Contracting Officer

Signature: //signed-RH//

14. Contracting Officer Certification:

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

Name: _ Richard Harris____

Date: ______

Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the acquisition a historic powder horn collection dating from 1709-1783, Civil War military collection in the estimated amount of $1,302,200.00. This effort will be awarded on an Other Than Full and Open Competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501(a), “Sole source acquisitions”, subject to availability of funds, and provided the services and property herein described have otherwise been authorized for acquisition.

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