Description
LIMITED-SOURCES JUSTIFICATION In accordance with the authority granted under 41 U.S.C. 253(c), this request for award under other than full and open competition is hereby submitted. (i). Identification of the agency and the contracting activity, and specific identification of the document as a "Limited-Sources Justification": Bureau of Land Management GSENM/Kanab HQ 669 South Hwy 89A Kanab, UT 84741 (ii). Nature and/or description of the action being approved: On September 17, 2013, BLM awarded contract number L13PD01443 to EMPSi of Boulder, Colorado. This contract award was the result of a full and open competitive process. BLM, Grand Staircase-Escalante National Monument (GSENM) sought environmental planning support services to complete an environmental impact statement related to amending the Monument Management Plan to incorporate land-use level decisions associated with livestock grazing. The Statement of Work identified various tasks by phases. During performance of this contract it was determined by the Inspector General and a new DIAPR was issued regarding these large planning efforts indicating to incremental funding of such projects was not acceptable in the eyes of the IG and these projects needed to be redone in a manner and method more acceptable with ensuring that the projects could be funded in its entirety or line items should be indicated as option items. (iii). A description of the supplies or services required to meet the agencys needs (including the estimated value): BLM is at a point in obtaining performance of this requirement that requires completion now of the Draft MMP EIS for Grazing/Livestock. Chapter 4 is working towards completion. It is proposed the BLM descope the intial effort to end with the writing of Chapter 4 and all other tasks proposed on the initial contract be descoped, and a new effort begun to complete the planning process through finality. It is proposed that due to the level of effort expended, the fact that EMPSI was determined to be the best value to the government and the knowledge their company now has regarding this effort that to go back out for competition to complete the requirement would be detrimental to the government both in time and resources. It is estimated that to complete the effort from Draft MMP through FINAL ROD of the MMP would be approximately 402894.74. (iv). The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractors unique qualifications to provide the required supply or service. FAR 6.302-1(a)(ii)(A) notes that services may be deemed to be available only from the original source when it is likely that award to any other source would result in (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition. (v). A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d). EMPSi demonstrated their ability to complete tasks associated with public involvement and analyzing public comments in their bid on BLM's original request for proposal that resulted in issuing contract L13PD01443. EMPSi has already successfully completed public involvement tasks associated with the scoping phase of this project. The Public Involvement Comment Tracking System database developed and used by EMPSi during the scoping phase can also be deployed for this task. This database allows for maintaining the mailing list, organizing comments by resource topic, and running statistical analysis and other queries. EMPSi is uniquely qualified because of extensive experience on past BLM planning projects and knowledge of BLM's planning procedures. A team of subject matter experts reviewed the technical proposals for the original request for bids that resulted in issuing contract L13PD01443. This team determined that EMPSi was highly qualified based on their knowledge, past experience, and suggested techniques for completing the Livestock Grazing Plan Amendment EIS. Because of the contract award and work already performed, EMPSi is uniquely qualified to complete these additional tasks at the least cost to the government (see paragraph 9 below) and with the least interruption to the project schedule. Work that has already been completed by EMPSi would not need to be duplicated and no additional costs would be incurred for EMPSi to integrate another contractor's work into the ongoing planning process. 5.202(a)(2) The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203; 6.302-1(20(ii)(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition. (vi). A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted. Market research was not conducted because several sources exist that are capable of satisfying the agencies requirements (this is evidenced by the GSA's Environmental Services - 899 Schedule and the bids received as a result of the full and open competitive bidding process conducted less than 1 year ago). (vii). Any other facts supporting the justification. In this instance, contracting with a different environmental consulting firm will result in duplication of work that has already been completed (mailing list database development, comment tracking database development that includes coding system, template for public meeting presentation boards). Also, extra time and effort would be needed to incorporate information into the administrative record currently being compiled by EMPSi per contract number L13PD01443. The information gleaned from this additional public engagement would also need to be integrated into work that EMPSi will complete in the near future as part of the alternative development (Phase 4, Task 2) task in the original contract. If the additional public engagement efforts described in the contract modification are completed by a different consulting firm, EMPSi is likely to request additional funds to integrate information from this public review into the alternative development phase because it was not anticipated or included in the original statement of work. Duplicating work that has already been completed and requiring tasks not included in the original statement of work, will likely result in the government paying for duplicate work and delaying completion of the planning process for this EIS. (viii). A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made. There are no actions the BLM may take at this time as EMPSI is the sole provider of the services needed for the deliverables needed by the BLM. (ix). The ordering activity contracting officers certification that the justification is accurate and complete to the best of the contracting officers knowledge and belief. The justification is accurate and complete of the services needed to the best of the contracting officers knowledge and belief. (x). Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Governments minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. Evidence provided by the technical or requirements personnel form a basis for this justification. CERTIFICATIONS: I hereby certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief: Jolyn Goss , Contracting Officer 07/28/2014