06 Justification for Exception to Fair Opportunity EYNF_Ernesto_Final Executed.pdf

Justification for Exception to Fair Opportunity United States Department of Agriculture

Federal Acquisition Regulation (FAR) Part 16.505

1. Identification of the agency and the contracting activity.

USDA, Forest Service, Procurement & Property Services, Field Procurement Operations, East Zone, Contracting Service Area 10.

2. The nature and/or description of the action being approved.

Due to the emergency conditions at El Yunque National Forest as a result of Tropical Storm Ernesto, the USDA Forest Service entered into task order #12445024F0026 on August 16th

, 2024, with JPI Construction LLC, on a basis of other than full and open competition, specifically, an exception to fair opportunity procedures which are normally required by FAR 16.505 (b)(l).

3. A description of the supplies or services required to meet the agency's needs (including the estimated value).

Heavy equipment and certified personnel to perform road and forest clearing, tree felling, limbing, bulking, ditch cleaning, and other debris clearing for post tropical storm cleanup efforts. Additional heavy equipment and personnel required to perform road clearing and hauling/disposal of storm debris for the roads PR-191, PR-988, PR-186. All mobilization, fuel, landfill fees, traffic control, and incidentals to be included. Estimated value is $281,000.

4. Identification of the exception to fair opportunity and the supporting rationale:

FAR 16.505(b )(2)(i)(A) "The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays".

On August 13th , 2024, Tropical Storm Ernesto caused damage El Yunque National Forest in Puerto

Rico as it passed north of the region with very strong winds and flooding rivers with over 10 inches of rain. The roads within the El Yunque National Forest were non-accessible and in hazardous condition due to fallen trees, landslides, sediment, debris, and boulder blockages. The debris blockages and landslides caused environmental damages to the Forest's natural resources and adjacent properties. The clearing efforts of the debris and sediment was so urgent due to the blockages caused to the drinking water wells, rivers, and roads.

5. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer (CO) will request a cost breakdown for all of the equipment, personnel, and incidentals to analyze pricing. The CO will take into condsideration the impact on the market as a result of the emergency conditions present after the storm, such as high demand for equipment and personell, surge pricing in fuel and equipment rental costs and availability. The CO will ensure that any coefficient rates proposed by the contractor are within the rates established in the parent IDIQ contract# 12445224D0012.

6. Any other facts supporting the use of other than full and open competition.