Justification_NavAids_FBO.pdf

Justification for other than full and open competition

Requestor is to fill out items 1 through 11. Contracting Officer to complete item 12 and circle either concurrence or nonconcurrence.

Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information:

(1) Identification of your unit with your name and title:

District Ranger Tonto National Forest; Cave Creek Ranger District

(2) Nature and/or description of the action being approved:

Short-term (5 months) contract award to current contract holder for maintenance of navigational aids (buoys) on seven National Forest reservoirs while new multi-year contract package is finalized, advertised and awarded.

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

Labor, equipment, supervision, transportation, services and supplies necessary to maintain the system of navigational aids on the following reservoirs:

Tonto National Forest reservoirs:

1. Roosevelt Lake – 214 hazard buoys, 169 controlled use buoys

2. Apache Lake – 147 hazard buoys, 49 controlled use buoys

3. Canyon Lake - 54 hazard buoys, 57 controlled use buoys

4. Saguaro Lake – 57 hazard buoys, 55 controlled use buoys, 1 beacon light

5. Horseshoe Lake – 4 controlled use buoys

6. Bartlett Lake – 259 hazard buoys, 114 controlled use buoys

Coconino National Forest reservoir:

1. Upper Lake Mary – 60 buoys

With the exception of Government-furnished navigational aid buoys, the contract is responsible for supplying all equipment and supplies necessary to perform maintenance of the buoy systems including:

1. 5/16’’ inch proof coil chain, zinc plated.

2. Galvanized steel 5/16’’ inch screw pin shackles with alloy pin.

3. ½’’ inch polypropylene twisted truck rope. (Referred to as California truck rope)

4. Galvanized rope thimbles ½’’ minimum size.

5. Anchors made with reinforced 4000 psi cement, with internal and external 5/16’’ inch proof coil chain, zinc plated.

6. Each hazard buoys takes one 75 LBS. anchor.

7. Each control use buoy takes one 137 LBS. anchor.

8. Two mile solar-powered beacon light, manufactured by Rolyan Buoys, beacon light model B343SLC two miles.

The estimated value for these services and supplies are: $ Estimate is based on the current contract’s monthly cost ($ x 5 months)

(4) An identification of the statutory authority permitting other than full and open competition. (Select one of the following exemptions, A – G, that fits your request. A full explanation is required for your exemption.:

A - Only one responsible source and no other supplies or services will satisfy agency requirements.

(1) Citations: 41 U.S.C. 253(c)(1).

(2) When the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

The contractor, Lake Works LLC, has performed the requirements in the Navigational Aids contract on the Tonto NF since February of 2013. In the five years of fulfilling contract obligations the contractor has delivered the personnel, equipment and technical expertise for the buoy maintenance with above average service. This company is familiar with each of the lakes’ buoy systems and the immediate needs for adjustment and additions with the frequently changing lake levels through the winter and early spring (as a result of water releases from dams and influx of runoff from spring storms).

The Tonto National Forest is responsible for maintaining the system of navigational aids (buoys) on the six reservoirs listed and has also included maintenance of the system on Upper Lake Mary on the Coconino National Forest into the program. Each of these reservoirs are located within recreational fee areas, and as such, the agency has undertaken additional responsibility to provide a standard type and quality of warning system common to other recreational waters in the state. The navigational aids system provides the boating public warning of natural and man-made hazards and controlled areas (e.g. motor boat exclusion and no wake zones). This system is a critical public safety program and mitigates potential boating accidents and injuries. Typically, the reservoirs are patrolled/inspected at least once a week and buoy repairs, replacements and/or adjustments are needed on each visit to the lake with frequently fluctuating lake levels. Buoys for new hazards must be placed within

24 hours of discovery and control area buoys must be set or adjusted within 48 hours.

Currently maintenance of the buoy system is contracted to a local vendor. The contract will expires December 31st, 2017. The agency will not be able to maintain the system to standard, thus posing a risk to public safety. A short-term contract will allow for the continued maintenance of the system while the new multi-year competitive contract is solicited and awarded.

(5) A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

The current contractor, Lake Works LLC, has had the Navigational Aids contract on the Tonto NF since February of 2013. In the 5 years of fulfilling contract obligations the contractor has delivered the personnel, equipment and technical expertise. This company is familiar with each of the lakes buoy system and the immediate need for adjustment and additions with the frequently changing lake levels through the winter and early spring (as a result of water releases from dams and influx of runoff from spring storms).

(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.

This justification will be posted to FBO in accordance with FAR 5.2. New solicitation for follow-on contract will be posted to FBO.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. This requires a full explanation from the requestor – how is the price considered fair and reasonable? What is the methodology for determining fair and reasonable?

Current and historical contract pricing and GSA schedules will be used to determine price reasonableness and fairness to the contractor and Federal Government.

(8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research for the re-competition is on-going.

(9) Any other facts supporting the use of other than full and open competition, such as:

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302- 1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Lake Works, LLC

(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.

N/A

(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

Contracting Officer 12/28/2017

Name, Title of Contracting Officer Date signed I concur I Do Not Concur Signature

Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Signed: signed 12/28/2017

Name, Title of Requestor Date