International Union for Conservation of Nature (IUCN) Benefits and Portal Access
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Provision of Technical Assistance for Forestry Services International Programs The following Justification for Other Than Full and Open Competition (JOFOC) is prepared in accordance with FAR 6.302-1: 1. Identification of Agency: The USDA Forest Service, International Programs. 2. Nature and/or Description of Action Being Approved: International Programs works closely with other U.S. government agencies and host country partners to evaluate, develop and implement policy for improved forest conservation worldwide. In addition, our Policy Team plays a critical role as a technical advocate for U.S. interests in international policy negotiations. The team engages with other U.S. Government agencies, multilateral institutions, NGOs, and the private sector to advise and influence environmental, science, and trade policy to protect and promote U.S. forests and the interests of U.S. forest stakeholders internationally. To further our work, IP is requesting an annual membership to the International Union of Conservation of Nature (IUCN). 3. Description of Supplies or Services Required to Meet Agency's Need Including Estimated the Value: IP requires access to IUCN's member benefits, which include access to partnerships and networks and the Union Portal. These benefits will help IP expand and develop partnerships by being part of an alliance of Government and NGOs. Access to the Union Portal will allow for networking, interaction and the sharing of information across the entire Union: Councilors, Members, National and Regional Committees, Commission members and the Secretariat. It is both a working area and an important communication and networking tool for all IUCN constituents. The Portal is a source of knowledge, a hub for creating new institutional partnerships and place to learn about new opportunities. The estimated value is between $12,000 and $15,000. 4. Identification of Statutory Authority Permitting Other Than Full and Open Competition: 5. FAR 6.302-1, 41 U.S.C. 3304 (a)(1) Only one responsible source and no other supplies or services will satisfy agency requirements (e.g., unique supplies or services that are available from only one supplier). This requirement is for supplies specific to a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer consequently, it does not provide for full and open competition, regardless of the number of sources solicited. 6. Demonstration That the Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited: IUCN is the only international organization that provides the required combination of access to partners and networks, via the Union Portal, and assistance with the coordination of international initiatives important to the USFS. Among the latter are IUCN coordination of the Bonn Challenge for forest restoration, of which the USFS is a key member, a jointly managed annual seminar on forest landscape restoration, and USFS representation on behalf of USG land management agencies as a voting member on IUCN programs and policies. All of these benefits require USFS membership in IUCN. 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: N/A - there are no other organizations that offer the above-mentioned services and benefits to the USFS. 7. Determination by the Contracting Officer That the Anticipated Cost to the Government will be Fair and Reasonable: A government estimate has been provided and will be utilized to negotiate a fair and reasonable price to the government. 8. Description of Market Research Conducted: Market research was conducted to determine a fair and reasonable price for this procurement. Vendor websites were researched and Forest Service technical experts were consulted and the price was found to be reasonable. 9. Any Other Facts Supporting the use of Other Than Full and Open Competition: Not Applicable 10. A listing of the Sources, if any, That Expressed, in Writing, an Interest in the Acquisition: Not applicable. 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: For this purchase there are no other companies that can provide the specialized membership needed to support this mission..
12318719Q0082 Department of Agriculture Forest Service Washington Office Acquisitions
2/5/19, 11:22 AM Unnamed Project
Added: May 12, 2014 10:02 am
Description: The Corps of Engineers New England District is soliciting comments from the construction community addressing the potential use of a Project Labor Agreement (PLA) for the following large scale (exceeding $25 million) construction project: The MATOC will comprise of a pool of contractors for construction, renovation and repair projects at Military and other Federal Facilities throughout the six New England States. Primarily the work will be located within the New England District's geographical boundaries (VT, ME, NH, MA, RI, CT) but this contract may extend within the USACE North Atlantic Division Region (NY, NJ, PA, MD, DE, VA and Washington DC) in the continental United States. The work will consist of a broad range of construction tasks to include but not limited to minor new construction, renovation, repairs, upgrades, alterations, and preventive maintenance for vertical construction-type projects. The work for vertical construction may include but is not limited to: structural systems, roof systems, mechanical systems, plumbing systems, heating, ventilation and air conditioning (HVAC) systems, fire suppression systems, fire alarm systems, electrical systems, telecommunication systems, building security systems, and associated civil/site features (utilities, stormwater and wastewater management, parking, roadways, grading, landscaping, and site security). Task orders issued under this contract may also include minor stand alone civil/site/infrastructure projects and the following types of work incidental to the vertical construction project: environmental abatement (such as lead paint or asbestos), general earthwork, miscellaneous interior/exterior elements, system testing, building commissioning, requirements for anti-terrorism and force protection (ATFP), LEED, LID, EISA, EPACT, historical building renovations, or incidental design. Range of Magnitude: $7M for the base year followed by four one year options of $7M each for a total of $35M. Period of Performance: Expected to begin August 2014 with a five year ordering period. A PLA is defined as a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f). Federal Acquisition Regulation (FAR) Policy: a. Project Labor Agreement (PLA) is a tool that agencies may use to promote economy and efficiency in Federal procurement. Pursuant to Executive Order 13502, agencies are encouraged to consider requiring the use of project labor agreements in connection with large-scale construction projects. b. An agency may, if appropriate, require that every contractor and subcontractor engaged in construction on the project agree, for that project, to negotiate or become a party to a project labor agreement with one or more labor organizations if the agency decides that the use of project labor agreements will 1. Advance the Federal Governments interest in achieving economy and efficiency in Federal procurement, producing labor-management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters; and 2. Be consistent with law. Reference: Provision: 52.222-33 Notice of Requirement for Project Labor Agreement Clause 52.222-34 Project Labor Agreement. Some of the factors that may be considered regarding PLA use are: a. The involvement of multiple contractors and/or subcontractors working in multiple crafts or trades. b. The complexity of the project. c. Shortage of skilled labor in the region. d. Completion of the project will require an extended period of time. e. The use of PLA's on other comparable projects in this geographic area. f. The promotion of the Governments long term programs interests such as training of skilled workforce for future projects. g. The possibility of labor disputes that threaten timely completion. h. Additional costs from use of PLAs may be cost prohibitive. In consideration of the above factors, and any others which may be deemed appropriate, the construction community is invited to comment on the use of PLAs. Of particular interest to the Government are responses to the following questions: a. Should a PLA be executed on the above described MATOC? What benefits do you believe a PLA could achieve? What other factors should the Corps consider before deciding to include PLA provisions for the MATOC project? b. Will the use of a PLA be effective in achieving economy and efficiency? If so, how? What is the estimated relative cost impact, or any other economies or efficiencies derived by the Federal Government, if using a PLA? Will a PLA impact the cost of submitting an offer? c. Are there any concerns regarding labor-management stability related to this project? Will the use of a PLA produce labor-management stability on this project? Have labor disputes or other labor issues contributed to project delays in the local area? Are you aware of examples of labor-management conflicts in the area which could impact the efficiency of this project, which a PLA could positively impact/resolve? What market share does union labor in construction trades have in the geographic area? Which existing Collective Bargaining Agreements will expire during construction of this project? d. Will use of a PLA be conducive to ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other relevant matters on this project? Are there instances where these standards have not been met on Federal contracts in the local area? Were PLAs used for those specific contracts? e. This project will require construction contractors and/or subcontractors employing workers in multiple crafts or trades; do you foresee any work on this project that may result in both the prime contractor and at least one subcontractor, or two or more subcontractors, employing the same trade? f. Are there concerns by prime contractors on the availability of skilled construction labor? Are there large scale construction projects in the area (over $25M, within 50 miles) which could impact availability of skilled labor for this project? What is the anticipated volatility in the labor market for the trades required for the execution of the project? Are existing apprentice programs providing sufficient numbers of skilled workers for future requirements? g. Is the proposed schedule/completion time one which would benefit from a PLA - if so, how? Will a PLA impact the completion time? Would a PLA benefit a project which contains a unique and compelling mission-critical schedule? h. Have comparable projects been undertaken by Federal, State, municipal, or private entities in the geographic area of this project? For each project, please indicate if a PLA was used, the initial and final cost, number of trades on the project, if the project was completed on time, and if there were any challenges such as labor shortages, labor related delays, safety issues, etc .. i. Will the use of PLAs impact the ability of potential Offerors and subcontractors to meet small-business utilization goals? Please provide your responses to these questions and any comments via email to Kimberly Pumyea, Contract Specialist, at kimberly.b.pumyea@usace.army.mil no later than the close of business, 5pm EST on June 2, 2014.
W912WJ-14-X-0016 Department of the Army Corps of Engineers Engineering District New England
5/12/14, 10:02 AM