12_Fair Opportunity Exception_16144859 SAM.Gov Posting.pdf

Justification for Exception to Fair Opportunity (Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B))

PORT CLARENCE DIVESTITURE SUPPORT & REMDIAL PLANNING

PORT CLARENCE LORAN STATION

PORT SPENCER, ALASKA

PROJECT NO. 16144859

1. Agency and Contracting Activity. The Department of Homeland Security, United States Coast Guard (USCG), Civil Engineering Unit Juneau prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved.

USCG intends to award a task/delivery order without considering other USCG Nationwide Environmental Engineering MATOC awardees, pursuant to FAR 16.505(b)(2)(ii)(B).

3. Acronyms and Definitions.

1. USCG: United States Coast Guard.

2. CEUJ: USCG Civil Engineering Unit Juneau.

3. MATOC: Multiple Award Task Order Contract

4. FAR: Federal Acquisition Regulation

4. Description of Supplies/Services.

The Purpose of the scope of services is to provide programmatic support services to USCG Civil Engineering (CEU) Juneau to include; property divestiture support, PFAS Site Investigation, remedial action work plan, supplemental Hazardous Building Materials Survey, assessment of the condition of the existing tank farm, and optional tasks to develop a facility demolition work plan, and design and permitting of a construction and demolition (C&D) landfill. Estimated total value $ .

5. Justification for Exception to Fair Opportunity

____X_____FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. [The justification must demonstrate that t the nature of the acquisition requires use of the exception cited].

Rationale:

Brice Engineering has the specialized skill and technical knowledge to facilitate the second phase of divestiture support and remediation planning for Port Clarence. Brice Engineering facilitated the first phase of divestiture to Bering Straits Native Corporation, including significant regulatory and stakeholder coordination, and have extensive knowledge of the site and previous restoration activities which will inform the next phase of work.

6. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. The contracting officer anticipates the cost to the government for this work will be fair and reasonable. This is based on the fact that:

1. Hourly rates for various labor categories are anticipated to be in line with similar contracts where Brice has worked as a prime contractor.

2. The level of effort is reasonably predictable based on the same/similar work the contractor has performed in the recent past.

3. CEUJ has an established relationship with this contractor and has successfully negotiated reasonable prices on numerous projects.

7. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

Include the following information:

a. Background information about the requirement;

b. Details covering what events lead to the situation requiring use of other than full and open competition procedures;

c. Why considered alternatives will not work;

d. Which authority applies and why; and

e. Explain the impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

This scope of work will provide continued divestiture support and coordination between the USCG and the Bureau of Land Management (BLM), State of Alaska, and the Bering Straits Native Corporation (BSNC) concerning the former LORAN Station Port Clarence, Alaska and the implementation of the land conveyances set forth in Subtitle C of the Coast Guard Authorization Act of 2015, enacted into law on February 8th, 2016 Public Law 114-120, Conveyance of Coast property at Point Spencer.

The previous contract was completed by Brice to develop the first decision document and facilitate the conveyance of the initial tracts of land designated for divestiture to BSNC. Re-competing this contract under the MATOC would not be the most efficient way to meet the requirements outlined by congressional legislation. The coordination with stakeholders to facilitate the initial conveyance was significant. The divestiture of the remaining tracts of land are time sensitive due to congressional interest and the funding period. This effort will require similar stakeholder and regulatory coordination. Previous knowledge of the site and past history will be very important for moving the next phase of work forward in an efficient manner. The contract is a logical follow on to the previous contract since the work is a continuance of the data collected and regulatory coordination that occurred in the previous contract. Brice Engineering is the logical and efficient choice to perform this work and has all of the knowledge, technical documents, expertise, and background to support this work.

Should the Exception to Fair Opportunity not be approved, and the service not provided, the Coast Guard would likely not meet the requirements and timeline of the special legislation which could result in not meeting the legal requirement of the USCG to divest of the property to BSNC, and losing the funding to complete the divestiture.

8. USCG intends to post this requirement on Contract Opportunities pursuant to FAR 16.505(b)(2)(ii)(D).

9. If applicable A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition. Not applicable.