FAR 6 Justification and Approval NRE 2023.09.07.pdf

Justification & Approval Natural Resources and Environment (NRE) Mission Area

United States Department of Agriculture Federal Acquisition Regulation (FAR) Part 6.3 or 13.5, 41 U.S.C. 1901

1. Identification of the agency and the contracting activity.

El Yunque NF, US Forest Service, R8

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

Contract Modification – Contract #1092663-Catalina HQ Building Structural Assessment

This modification would be P00001, Contractor: ENCO GROUP LLC

Point of contact: Julio J. Soto Flores, PE Contact Number: (787) 978-3200

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

El Yunque NF would require the contractor to provide 100% Design Submittal - Structural Design Drawings, Specifications and Cost Estimate for repairs on current structural deficiencies at the Supervisor’s Office. Estimated Value on the IGE is approximately $60,000.00

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

41 U.S.C. 3304(a)(2), as implemented by FAR 6.302-2, titled "Unusual and compelling urgency."

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

A recent preliminary structural study on the Catalina HQ building demonstrated several structural deficiencies in the facility that could compromise the building and put in danger the lives of employees. In the office facility workforce is compromised of over 56 FS employees, but the actual number can be higher depending on the number of volunteers, partners and visitors are visiting or working form the facility any given day.

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

Due to the observed and report structural deficiencies in the building, soliciting additional sources is not practicable at this time. The time it would take to solicit additional sources may further reduce the structural integrity of the building resulting in an increased risk of loss of life and government property destruction.

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

The government has prepared an Independent Cost Estimate utilizing recent market values for the work requested. The time between award and the request for modification is so small that market conditions relatively similar to those at contract award. A price reasonableness determination will be made in accordance with FAR Subpart 15 prior to award.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

The time between award and the request for modification is so small that market conditions relatively similar to those at contract award. Additionally, due to the observed and report structural deficiencies in the building, researching additional sources is not currently practicable. The time it would take to research additional sources may further reduce the structural integrity of the building resulting in an increased risk of loss of life and government property destruction. Enco Group LLC is currently engaged in reviewing and reporting on the structural deficiencies of this building and can quickly take the information recently gathered to develop structural design drawings, specifications, and a construction cost estimate for the repairs. Given the potential loss of life and damage to property, time is of the essence.

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

None

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

None

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

The agency will continue to promote full and open competition to the maximum extent practicable.

Certifications & Approvals

Supporting data that form the basis for and included in this justification are certified accurate and complete.

Antonio Marques Lespier Civil Engineer

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Richard Bogle Contract Specialist

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Evonne Huggins Contracting Officer