A.03.09_Justification_for_Sole_Source~.pdf

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Control Number: NWW-18-0068

SOLE SOURCE JUSTIFICATION & APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

WSU Curation

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, (USACE), Walla Walla District (CENWW-CT), 201 North 3rd, Walla Walla, WA 99362.

2. DESCRIPTION OF THE ACTION: This action is for a new firm fixed price contract with Washington State University for one base year with four (4) option years, to secure services for the curation of the Corps of Engineers, Walla Walla District’s (NWW) archeological collections originating from the State of Washington.

Funding for this contract is “Operation and Maintenance Program”. As defined in the “Direct Funding of Power Operations and Maintenance Costs at Corps Projects”, 1997, 98PB-10211; and “Memorandum of Agreement between the Northwestern Division, Corps and Bonneville Power Administration, Department of Energy, to cooperate in the Historic Properties and Cultural Resources Management for the Joint Federal Columbia River Power System, 2006", funds for this program are available for the base year and are anticipated through all option years.

3. DESCRIPTION OF THE SERVICES/SUPPLIES: The Corps of Engineers, Walla Walla District, requires services for the professional curation including storage and management of the NWW’s archeological collections. Services of the proposed contract action are authorized as part of Federal responsibilities mandated by Section 106 of the National Historic Preservation Act (NHPA), for cultural resources preservation and the environmental conditions under which the collections are stored 36 CFR §79.

The proposed contract features a base year and four (4) option years. The value of the base year will not exceed $70,035.05. Likewise, the value of each option, if awarded, will not exceed $77,835.00; for a total, not to exceed, $359,834.07 for the base and all options.

4. AUTHORITY CITED: FAR Part 6.302-1: (1) Citations: 10 U.S.C. 2304(c)(1) or 41 U.S.C.

3304(a)(1). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED:

BACKGROUND: The Corps is responsible for all cultural resources that fall within its jurisdictional boundaries, including the preservation of collections of archeological

- 2 -artifacts, specimens, and associated records. The preservation of these collections must be professionally managed and housed in accordance with the regulation 36 CFR Part 79 for the curation of federally-owned and administered archeological collections. This regulation specifies that when possible, Federal collections will be deposited in the State of Origin, stored and maintained with other collections from the same site or project location, be housed with collections from a similar geographic region or cultural area, and not be divided and stored at more than a single repository.

JUSTIFICATION: The NWW archaeological collection recovered in the State of Washington is currently deposited in the Washington State University (WSU) curation facilities. The facilities and professional staff meet the requirements set forth in 36 CFR Part §79 and WSU has been the repository site for the NWW collection since February 1997. Currently there are no known curation facilities that provide this service in the State of Washington near the original site the artifacts were recovered. No other sources have or can provide the curation services for the NWW archaeological collections under the conditions required by Federal Regulation.

IMPACTS: If WSU does not maintain and provide the curation services defined under this contract, then the curation responsibilities will need to be transferred to another site. Currently there are no known curation facilities with adequate storage space that provide this service in the State of Washington near the original site the artifacts were recovered by a professional certified staff (36 CFR §79.6).

Even if there was an appropriate location, the archeological collection at WSU would need to be inventoried, evaluated and documented, packed, moved to another site, and unpacked and re-inventoried once they reach the new site. Given the volume of material in the NWW collection (approximately 3,433 cubic feet of material) the costs for the move would exceed the costs for the curation services at WSU and the costs for the curation fees at the new facility would still be required.

A 2015 study completed by the MCX for the Mississippi Valley Division estimated an average $42.98 per cubic foot to move the collection to a new facility (including cost of the truck to move, Corps labor, and travel costs), plus an average intake cost of $250 per cubic foot. If this estimate was applied to the NWW collection at WSU, it would cost approximately $147,550.34 to move the collection and another $858,250 for intake costs at the new facility, in addition to the curation costs for that year.

Failure to accomplish this work will place the Walla Walla District and the Northwestern Division, Corps; and the Bonneville Power Administration in violation of Section 106 of the National Historic Preservation Act.

6. EFFORTS TO OBTAIN COMPETITION: Announcement of our intent to sole source curation services to the Washington State University was synopsized and will be posted FedBizOps. Based on the information provided in paragraph 5, above, no qualified responses are expected. However, all responsible sources may submit a proposal which will be considered.

7. DETERMINATION OF FAIR AND REASONABLE COSTS: The estimated cost of this requirement is $359,834.07 as determined by the Independent Government Estimate. In addition, the prior contract (W912EF-14-P-5082) IGE was $610,000.00. This IGE is much less than the previous contract due to changes in the scope of work.

MARKET RESEARCH: Other than synopsizing the work on the FedBizOps, no other market research specific to this effort was conducted. Any additional effort to obtain competition for the services are not reasonable because only the Washington State University can provide curation services in the State of Washington near the original site the artifacts were recovered with a the level of professional certified staff as required under.

8. OTHER FACTS: None

9. INTERESTED SOURCES: Washington State University

10. ACTIONS TAKEN TO OVERCOME BARRIERS IN COMPETITION: See item 6.

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11. DETERMINATION: I certify that this Sole Source Justification and Approval is accurate and complete to the best of my knowledge based on the supporting data provided by technical or requirements personnel.

Prepared by: Andrew Sprys

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, Title: Contract Specialist Signature:

12. DETERMINATION: I certify that this Sole Source Justification and Approval is accurate and complete to the best of my knowledge and belief.

Approved by: Sara Edwards

Title: Contracting Officer Signature:

Reviewed by: Theresa Hampson

Title: Attorney – Advisor Signature: _________________