Veterans Affairs



FedBizOppsJustification and Approval NoticeCLASSIFICATION CODE*SUBJECT*CONTRACTING OFFICE'S* ZIP-CODESOLICITATION NUMBERBASE NOTICE TYPE(Required when using Statutory Authority FAR 6.302-1(c))ARCHIVE DAYS AFTER THE POSTING DATERECOVERY ACT FUNDSNAICS CODE*SET-ASIDECONTRACTING OFFICE ADDRESSDESCRIPTIONSee AttachmentPOINT OF CONTACT*(POC Information Automatically Filled from User Profile Unless Entered)STATUTORY AUTHORITY*AWARD NUMBER*(Not required when using StatutoryAuthority FAR 6.302-1(c))MODIFICATION NUMBERAWARD AMOUNT*LINE ITEM NUMBERAWARD DATE (MM-DD-YYYY)*(Not required when using StatutoryAuthority FAR 6.302-1(c))AWARDEE NAME*AWARDEE ADDRESS LINE 1*AWARDEE ADDRESS LINE 2*AWARDEE ADDRESS LINE 3*AWARDEE ADDRESS LINE 4*AWARDEE CITYAWARDEE STATEAWARDEE ZIP CODEAGENCY'S URLURL DESCRIPTIONAGENCY CONTACT'S EMAIL ADDRESSEMAIL DESCRIPTION AWARD INFORMATIONADDITIONAL INFORMATIONGENERAL INFORMATION* = Required FieldFedBizOpps Justification and Approval NoticeRev. March 2010BMaui Historical Consultant22556VA786-16-N-040530N54172016Department of Veterans AffairsNCA Contracting Service75 Barrett Heights Rd. Suite 309Stafford VA 22556FAR 6.302-2VA786-17-P-001620,858.0000110-06-2016C. NISSLEY ENVIRONMENTAL CONSULTANTS, INC11623 WASATCH RDLONGMONTCO80504Scope of WorkHistoric Preservation ServicesMaui State Veterans CemeteryNCA State Grants ProgramThe Depart of Veterans Affairs, National Cemetery Administration, requires the services of a professional historic preservation consultant to facilitate ongoing Section 106 consultation regarding a project to expand the Maui State Veterans Cemetery. Consultant should meet the Secretary of the Interior’s Professional Qualifications as explained by the National Park Service . In addition, consultant must have experience working with the Advisory Council on Historic Preservation (ACHP) and State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs) and Native Hawaiian Organizations. Consultant should provide 4 examples of successfully completed projects demonstrating mitigation of complicated and sensitive issues involving Traditional Cultural Places.The consultant’s role will be to facilitate and oversee the Section 106 consultation process with the goal of completing a Memorandum of Agreement (MOA) and obtaining signatures from consulting parties. The tasks for completion include drafting letters for NCA, organizing public meetings, ensuring email invitations for consultation are sent to all parties in a timely manner, ensuring all parties receive notice of meetings, compiling notes of meetings for the administrative record, ensuring Native Hawaiian Organizations are contacted and included if they so desire, facilitating the meetings including developing the agenda and adherence to it, and writing the revised MOA as parties may agree to it. The consultation process will culminate with the development of the MOA addressing the adverse effects on the historic property and will conclude with the final signed copy of the MOA being distributed to all parties.Follow-up with the consulting parties may be required after the MOA is signed to insure the stipulations are being implemented as agreed upon in the document. The consultant will monitor the project during the construction phase to ensure NCA adheres to the stipulations of the MOA.Contracting Activity: Department of Veterans Affairs, NCA Contracting Services, 75 Barrett Heights Rd, STE 309; Stafford, VA 22556Nature and/or Description of the Action Being Processed: Continue Section 106 Consultation for expansion of Maui State Veterans Cemetery. This project began under an existing CFM IDIQ for nationwide preservation support with Nissley Environmental Consultants. Additional consultation is necessary to resolve a dispute between stakeholders, the Advisory Council on Historic Preservation, the Hawaii State Historic Preservation Office, Native Hawaiian Organizations and NCA. A lawsuit has been filed by the stakeholders group alleging NCA did not adequately undertake its federal requirement with regard to Section 106 Consultation and the perceived adverse effects caused by the expansion of the Maui State Veterans Cemetery.Description of Supplies/Services Required to Meet the Agency’s Needs: Provide a Sole Source Contract to meet the required scope of work to continue consultation between NCA, stakeholders and the Advisory Council on Historic Preservation. Estimated total for this additional design work is $18,400. Reference attached correspondence from Claudia Nissley of Nissley Environmental Consultants, and IGE dated August 24, 2015. Statutory Authority Permitting Other than Full and Open Competition: ( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;( ) (4) International Agreement per FAR 6.302-4( ) (5) Authorized or Required by Statute FAR 6.302-5;( ) (6) National Security per FAR 6.302-6;( ) (7) Public Interest per FAR 6.302-7;Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Historic Preservation Support Services have been provided by Nissley Environmental Services, under IDIQ VA 101CFM-P-0096. These historic preservation support services expired on 2/9/16. The contract expired at a crucial point in the consultation process. Under conditions such as this, when the consultation contract is extended, it is considered in the best interest of the government to continue with the same consulting firm because they have the history, familiarity with the issues, and an innate knowledge of the project. Nissley Environmental Services has been providing fully satisfactory consultation facilitation to date. It would be imprudent to obtain pricing from another source to continue the consultation. To do so would require substantially more time and professional services to learn the issues and history of the project, and risks and record information related to this project. This would put the NCA at risk. Failure to extend consultation to the existing historic preservation support services firm would cause unacceptable delays to execution of the construction contract for the expansion of the Maui State Veterans Cemetery, which has already been delayed as a result of lack of NCA coordination. Currently the project is on hold pending successful completion of the Section 106 Consultation Process.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Nissley Environmental Services has provided a cost estimate based on previously negotiated and awarded rates previously in effect under the expired IDIQ contract. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was done in advance of awarding this original IDIQ Historic Preservation Compliance Support contract to qualified vendors in 2012. As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.9.Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. _W. Edward Hooker, III____ 9 August, 2016_____ NameDate Historic Architect/PM/COR__Title_Maui State Veterans Cemetery, Hawaii_Facility Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.Katherine Iacovelli8/26/2016_____________________________ ________________________ Name DateContract OfficerTitleNational Cemetery Administration, Central Contracting, Stafford, VA______________________________Facility ................
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