The National Park Service (NPS) intends to award a sole source contract with Edward J. Fraughton, Inc. (10353 S 1300 W, South Jordan, UT 84095-8876) in the amount of $263,400.00, under the authority of FAR 6.302-1, for a sculpture piece for a particular viewing area of the new Mesa Verde Visitor's Center. Only one responsible source and no other supplies or services will satisfy agency requirements. A justification for other than full and open competition is prepared in support of this acquisition follows. The Government intends to award a firm - fixed price contract with deliveries completed on or about June 2012. Contracting Office Address: National Park ServiceDenver Service Center-Contracting Services DivisionPO Box 25287Denver, CO 80225 D5217 (DSC-CS)1449P2011100578MEVE-154465/151969 Subj: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Ref: Contract No. 14439P2011100578, Sculpture of Ancestral Puebloan Descending on Cliff, Visitor and Research Center for Mesa Verde National Park, CO, MEVE-154465/151969 1. Pursuant to FAR 6.303-2, subject Justification and Approval (J&A) is hereby prepared on behalf of the Department of Interior (DOI), National Park Service (NPS), Denver Service Center (DSC). 2. Nature and/or description of the action being approved: a. This action supports purchase of a unique piece of artwork for the support of the exhibits for the Mesa Verde Visitor Center. This office intends to award Purchase Order P2011100578 to accommodate the display request by the Park and the Park's foundation, Mesa Verde Foundation. Market research was jointly conducted by the NPS and Foundation personnel. Requirements were established in December 2009 and then an inquiry was generated and distributed to the art community. Approximately 80 samples of sculptures were received. A committee consisting of park and foundation member met. This referenced sculpture, which was selected, only has one source, the artist himself. The artist's name is Edward J. Froughton. PO P2011100578 is a firm fixed price contract for commercial services. The PO's period of performance includes time for the fabrication, storage, delivery and set-up for the opening of the new center b. This sculpture will be the first artifact that visitors will see upon entering the visitor's center area and will set the tone for the first class facility they are about to enter. 3. A description of the supplies or services required to meet the agency's needs (including the estimated value): a. The proposed acquisition consists of construction of a bronzed sculpture over 20 feet tall showing a native pueblo Indian scaling a cliff. The acquisition also includes storage, delivery and set-up of this piece. Anticipated delivery is set to coincide with substantial occupancy of the new visitor center which is projected for April/May 2012. b. Based on the requirements, the cost of the sculpture is $263,400, which includes all materials, labor, delivery and set-up. 4. An identification of the statutory authority permitting other than full and open competition. 10 U.S.C. 2304(c)(1) or 41 U.S.C. 253(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1). 5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. Attachment 1 shows the specific design elements which embody the Mesa Verde National Park's mission. The sculpture will be a one of a kind enlargement of a small version of the Cliff Climber created by the artist, Edward Fraughton. The artist not only has this unique piece, but is the only source that could cast in bronze the required size for display. This is a proprietary item available only from the suggested source; no other source will satisfy requirements. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. In accordance with FAR 5.203(a), a notice will be published in FedBizOps. Responses will be reviewed. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Prices were determined to be fair and reasonable by several methods. The artist currently has similarly sized pieces for sale in two other museums/art shows with published prices, which allows the price to be compared. One piece of similar size is for sale with the asking price of $220,000 and another piece that is only 6 feet tall is for sale for $160,000. The artist's normal asking price would be $750,000 for this piece. He has reduced his price due to his historical ties to the park. 8. A description of the market research conducted and the results or a statement of the reason market research was not conducted. Market research was conducted with an inquiries sent to the art community. Over 70 art pieces were reviewed. 9. Any other facts supporting the use of other than full and open competition, such as: a. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable fur full and open competition have not been developed or are not available. Supplemental technical information for this acquisition is available and was sent to the art community in December 2009 as a part of the market research inquiry. b. When 6.302-1 is cited for follow-on acquisitions as described in 6.3202-1(a)(2)(ii), and estimate of the cost to the Government that would be duplicated and how the estimate was derived. Not Applicable. This is not a follow-on acquisition. c. When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. Not Applicable. This is not an unusual or compelling acquisition. 10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition. The panel maintained a listing of sources which expressed interest. 11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. This J&A is submitted solely in response to the park's requirements for art which depicts the Pueblo Cliff Dwelling Indians history. Future acquisitions of this nature will be subject to extensive market research as described herein. 12. The Contracting Officer certifies that subject justification is accurate and complete to the best of the Contracting Officer's knowledge and belief.
