OtherThanFullAndOpenRedacted.pdf

Agriculture

United States Department of

Forest Service

Business Operations Procurement and Property Services Northwest Zone CSA Six

3200 SW Jefferson Way Corvallis, OR 97331

Caring for the Land and Serving People Printed on Recycled Paper

United States Department of Agriculture Justification for Other than Full and Open Competition

1. Identification of the agency and the contracting activity.

Procurement and Property Services, Field Procurement Operations, Northwest Zone, CSA 6.

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

The Forest Service proposes to enter into a contract on a basis other than full and open competition, and negotiate a sole source, firm fixed-price contract with PND Engineering, Inc, Juneau, Alaska.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

This contract will provide architectural, engineering, and technical design services relating to the GAOA Anan Wildlife Observatory Reconstruction Phase 2 construction contract on the Tongass National Forest.

Total estimated value is $redacted.

4. The statutory authority permitting other than full and open competition.

FAR 6.302-1, Only one responsible source and no other supplies or servies will satisfy agency requirements.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Under a previous task order on the Alaska Region’s Landscape Architecture Services IDIQ contract, PND Engineers, Inc. served as a subconsultant and provided structural engineering construction drawings and specifications, and geological and geotechnical engineering consultation, for the final construction documents. At the time of design completion, construction funding was not available for Phase 2 of the project, and it was unknown as to when it would become available. Consequently, Engineering Services During Construction was not included in the original design contract, as is normally accomplished. Since that time, the Forest Service has identified funding and awarded a construction contract. This requirement is to procure Engineering Services During Construction from the original structural engineer of record during the project’s construction.

PND Engineers, Inc. is very familiar with the project as they developed the design and prepared the structural drawings and specifications. They are the structural engineer of record, have the project records and basis of design documentation. Having engineering responsibility for the accepted design, it is unreasonable to pursue this support from a different firm that has no responsibility or authority around the original design.

The Alaska Administrative Code, in relation to registered architects, engineers, landscape architects, and land surveyors, stipulates that site adaptations and field alterations of sealed documents may only be performed by the person who originally sealed the documents, unless a lengthy and burdensome process is followed (12 AAC 36.195: https://www.commerce.alaska.gov/web/Portals/5/pub/aelsstatutesregs.pdf).

This process is similar to a re-designing the work and is not reasonable if the original designer of record is available to perform any necessary site adaption and field alterations of sealed documents.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

N/A

7. Description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

A Special Notice was placed on sam.gov on 16 February 2024, notifying the public of the Government’s intention to pursue a sole source contract with PND Engineering, Inc, and per FAR 5.207(c)(16)(i), inviting all responsible sources to submit a capability statement, proposal, or quotation.

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

N/A

9. Listing of the sources, if any, that expressed a written interest in the acquisition.

N/A

10. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

No subsequent acquisitons are planned or anticipated.

11. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Proposed pricing will be compared against the Government estimate, pricing obtained on previous projects, and pricing submitted on the DOI/FS MATOC contract.

Certifications & Approvals

The information provided for this justification has been reviewed and certified accurate and complete by _____________________________ Logan Wild, Program/Technical Personnel.

Contracting Officer (not exceeding $750,000). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Approved.

Reviewed and forwarding to the Procuring Activity Advocate (MASCO or Delegate).

DARCY J. RAPOZA

Contracting Officer

Digitally signed by DARCY RAPOZA Date: 2024.02.22 09:40:12 -08'00'

LOGAN WILD Digitally signed by LOGAN WILD Date: 2024.02.22 07:07:45 -09'00'