RECOVERY: Sole Source Justification, Muffin Monster Cutter Cartridge for the Old Faithful Waste Water Treatment Plant, Yellowstone National Park

United States Department of the InteriorNATIONAL PARK SERVICEYELLOWSTONE NATIONAL PARKPO Box 168Yellowstone National Park, Wyoming 82190 Justification for Other than Full and Open Competition Date: September 9, 2010Project: ARRA R1576100033 - Muffin Monster cutter cartridge 1. Identifications a. Agency: National Park Serviceb. Contracting Office: Yellowstone National Park 2. Description of the action being approved: The National Park Service (NPS) shall be purchasing a Muffin Monster Cutter Cartridge. The documents included with the solicitation call for specific brand name products that are peculiar to one manufacturer. This written justification provides approval for limiting competition to the listed brand name product and source as authorized by the Federal Acquisition Regulations (FAR). 3. Scope of Work and Government Cost Estimate: The Old Faithful Wastewater Treatment Plant has a Muffin Monster (in-line sewage grinder), model 30005-0024; SSN 29824, the Cutter Cartridge which is a component of the Muffin Monster is in need of replacement. The Utility System Operator at the Old Faithful Wastewater Treatment Plant will replace the old cutter cartridge within the Muffin Monster with the newly purchased cartridge. After replacement the old cartridge will be returned to JWC Environmental for a credit. 4. Authority: 41 U.S.C. 253(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements. 5. The description of the contractor's unique qualifications or the unique nature of the acquisition: JWC Environmental is the original company that designed and manufactures the Muffin Monster. They hold numerous patents and trademarks on this product. JWC Environmental is the sole manufacturer of this product and the exclusive source for service parts for this equipment. This is a very specialized piece of equipment for sewer plants. No other company makes replacement parts for the Muffin Monster, nor are there any other companies that make a machine similar to the Muffin Monster. To replace the Muffin Monster would be $40,000 to $50,000. 6. Efforts to obtain competition: Internet search found that JWC Environmental holds the patent for this part. Also, a Sources Sought announcement was posted on FedBizOpps for five days. 7. Determination that costs will be fair & reasonable: Utility Systems Operator for the Old Faithful Wastewater Treatment Plant called and talked to JWC and received a verbal quote stating that this price is equal to that which is charged to their best clients. 8. Description of the research conducted: Internet research determined that JWC has the patent and trademark right on this product; sources sought announcement was posted on FBO. 9. Other facts supporting other than full & open competition: This is a very specialized piece of equipment for sewer plants. No other company makes replacement parts for the Muffin Monster, nor are there any other companies that make a machine similar to the Muffin Monster. To replace the Muffin Monster would be $40,000 to $50,000. The Muffin Monster cutting assembly needs to be replaced. This machine insures the proper grinding and cutting of organic and inorganic products that are in the waste stream. Cutting the products up into small pieces aids in the treatment process of the wastewater at the Old Faithful Wastewater Treatment Facility. If this system failed the pumps in the lift stations would break down and cause sewage to backup and overflow into the Yellowstone River. This would impact the life, health and safety of the over 3 million visitors that come to see Old Faithful each year. It is critical to stay with the Muffin Monster grinder system.To change this system out would require the re-fabrication of the wastewater headworks within the Old Faithful Wastewater Treatment Facility, additionally,this would include the purchasing of a new grinder system and control panels. All of this construction would also require the plant to be down for a period of time which is not acceptable for the volumn of visitors that come to the park each year.This project would cost in excess of $100,000..10. Interested Sources: Sources sought announcement on FBO received no response. The only interested vendor is JWC Environmental. 11. Actions to remove barriers to competition in the future for similar acquisitions: Once the entire Muffin Monster requires replacement, NPS will solicit for equipment that will serve as an equal to this equipment as long as the price for such equipment is determined to be fair and reasonable. An announcement on FBO would allow for increased competition. 12. Certifications: a) Technical/Requirements Certification: I have evaluated the validity of this justification and do hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Requestor's: Signature: /s/ Jim Knoelke (signature on file) Date: 9/9/10 b) Contracting Officer Certification: I have reviewed this justification and in accordance with the procedures noted by the National Park Service's Contracting Officer's Technical Instruction (COTI) 1443.6 - 01, do hereby approve acquisition by means of other than full and open competition. Approve: Signature: /s/ John Chaney (signature on file) Date: 9/9/10 c) MABO Program Lead: I have reviewed this justification and in accordance with the procedures noted by the National Park Service's Contracting Officer's Technical Instruction (COTI) 1443.6 - 01, do hereby approve acquisition by means of other than full and open competition. Concur: Signature: /s/ Jonathan Allen (signature on file) Date: 9/15/2010 Acting MABO Lead NPS, Intermountain Region