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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITIONfor SIMPLIFIED ACQUISITIONS OVER $3,000 AND UP TO $100,000 (See FAR 13.106-1) Date: 12/10/2010 PR Number: R9512110023 1. Nature and/or description of the item/service being procured and its intended use (include the anticipated cost): OLYM (Olympic National Park) is requesting award of a non-competitive one-year purchase order to the Washington State Department of Transportation (WSDOT) for operational and emergency maintenance on OLYM Route 11 (US 101). OLYM Route 11 is a 12.2 mile segment of US Highway 101 owned by and located within the boundary of Olympic Nation Park. OLYM has identified WSDOT as the sole practicable source for completion of operational and emergency maintenance on this portion of US 101. NPS is not able to complete all of the work that is required to maintain this stretch of road, and relies on the WSDOT to provide any of the following tasks: repair pavement cracks and holes, restriping, ditch cleaning, sign repair or replacement, vegetation control, litter pickup, snow removal, sanding, and tasks associated with bridges, guardrails, and related structures, slide removal, repair of erosion damage, unplanned road closures, and removal of fallen trees. Olympic National Park's cost is $25,000 for fiscal year 2011. 2. Sole Source Justification rationale (Check one and explain below): X Only one responsible source (U.S.C. 253(c) (1) and FAR 6.302-1 "Only one responsible source and no other supplies or services will satisfy agency requirements"). ______ Urgent and compelling circumstances exist. Include critical delivery or performance dates, and when you became aware of the requirement. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met. ______ Other _____________________________________________________ Explain: In accordance with FAR 6.302(b), OLYM concluded that minimum needs can only be met by the WSDOT. No other entity (private or public) could perform the work requested for the annual amount paid. Equivalent work performed under a competitive construction contract is estimated at $250,000 to $500,000 for a one-year period based on the capability of the WSDOT to respond on an on-call basis and immediate mobilization due to the nature of their operation and location of their facilities. The WSDOT is geared to rapid mobilization and equipment is often staged at NPS facilities such as the Elwha, or located at a non-NPS location within a few miles of the NPS-owned section of Highway 101 where no other entity would have access for staging. As the performer of maintenance on 350 miles of US101 on the Olympic Peninsula for the State of Washington and a mission "to keep people and business moving by operating and improving the state's transportation systems vital to our taxpayers and communities", WSDOT has a vested interest in the maintenance of OLYM Route 12, as well as the existing facilities, staff and expertise to perform that maintenance. Additionally, WSDOT is always the first on scene during snowfall and storm events because it is their job to ensure public safety and maintain the route of travel on US101. It is the responsibility of National Park Service to provide the public the best available means for safe passage through Olympic National Park. It would not be practicable for any other entity to provide the level of service that WSDOT can provide. 3. Market Research. Please explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest: WSDOT will perform a certain level of maintenance on OLYM Rt. 12 (US 101) regardless of whether or not the park provides funding, because it is a state highway and must remain open for the good of the public. OLYM is confident that there are no other private or public sources that will provide maintenance work at a nominal fee. OLYM management and the contracting branch feel that no significant degree of market research is justified. A special notice was publicized at the Federal Business Opportunities website for a period of 10 calendar days. All qualified offers are being considered on or before 12/27/2010. 4. If this is a determination for sole source, the Contracting Officer certifies:a. Only one source is available, or urgent and compelling circumstances exist.b. The anticipated price will be determined fair and reasonable using the price analysis techniques described in FAR Part 13.106-3(a). /s/ Carl E. Elleard 12/10/10 Project Officer Date /s/ Edward McKee 12/10/10 Contracting Officer Date