Sole_Source_Justification_Title_Guaranty.pdf

Justification for Other Than Full and Open Competition

As required by Federal Acquisition Regulation 6.302-1(d)(1), this Justification for Other than Full and Open Competition (JOTFOC) documents the rationale justifying the decision to negotiate with a sole source for the requirement, described below.

1. Agency and Contracting Activity:

Department of Transportation, Federal Highway Administration, Central Federal Lands Highway Division (CFLHD), 12300 Dakota Avenue, Lakewood, Colorado is the Agency and the Contracting Activity.

2. Description of the Action Being Approved:

Provide acquisition services; including payments, supporting execution of right of way land easements. The land easements are necessary to support new construction of several bridge projects in the State of Hawaii per executed Memorandum of Agreement between the FHWA Central Federal Lands Highway Division, FHWA Hawaii Division, and the Hawaii Department of Transportation.

3. Demonstration that the proposed contractor has unique qualifications:

Title Guaranty Escrow Services, Inc. (herein Title Guaranty) was subcontracted through a previously awarded IDIQ contract with the CFLHD to provide the following right of way acquisition services:

Select and provide instructions for the conveyance of properties required for the project.

Research of title history extending beyond the last transaction on record. Title examinations should ascertain the history and present condition of title to land or appurtenant rights and its status with reference to liens, encumbrances, cloud on title, etc.

Draft, finalize and record all documents to include all Deeds, Easements, Grants of Access, Release of Encumbrances and Land Court Petition to Subdivide.

The above subcontracted services were completed by Title Guaranty per the contract with CH2M HILL. As necessary to complete execution of the conveyance documents, on behalf of the Hawaii Department of Transportation, conveyance document closing and compensation payment to landowners is yet to be completed.

Given the time sensitivity with execution of the conveyance documents, the Government is electing to sole source a contract directly with Title Guaranty as necessary to complete the acquisition services while ensuring that the best interest of the Government is satisfied.

Though other companies can provide escrow services, at this stage in development of the conveyance documentation, obtaining these capabilities from other sources would result in excessive costs to the Government as well as loss time due to unfamiliarity with the previously completed work and understanding of the requirements. The unique technical competence of Title Guaranty will satisfy the Government’s requirement to advance easement execution to conclusion while maintaining continuity due to Title Guaranty’s previous experience in working on this project.

4. Description of Services:

Procure Escrow Services from Title Guaranty. The resultant Blanket Purchase Agreement (BPA) provides for acquisition services by way of execution of conveyance documents, including warranty deed easement, recording, and compensation to the property owners.

5. Statutory Authority:

The statutory authority permitting the acquisition of this requirement by other than full and open competition is 41 USC §253(c)(1); Only one responsible source and no other supplies or services will satisfy agency requirements. The Federal Acquisition Regulation (FAR) citation is 13.106- 1(b)(2), and pursuant to FAR subpart 13.5 titled "Simplified Procedures for Certain Commercial Items."

6. Description of efforts to ensure offers solicited from as many sources as practicable:

Because of the unique situation and type of procurement, the Government would realize no advantage to competing for the escrow services specific to the CFLHD bridge projects; therefore, no formal solicitation will be issued. A notice shall be placed in Federal Business Opportunities on 4/5/2018, describing FHWA-CFLHD’s intent to procure sole-source escrow services from Title Guaranty.

7. Determination of fair and reasonable cost/price:

The Contracting Officer will ensure that the resulting BPA cost/price is fair and reasonable by comparing the contractor’s proposal to the independent Government cost estimate, comparing proposed labor rates to those established under similar contracts for like services and labor categories.

Technical Certification:

“I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.”

Name: J. Michael Will Date:

Title: Project Manager Signature:

Contracting Officer Certification:

“In accordance with 6.304 (a)(1), I certify that the facts and representations under my cognizance which are included in this justification are accurate and complete to the best of my knowledge and belief.” This review services as approval of justification for procurement above the SAP threshold but not to exceed $700,000.

Name: Lori Kliethermes Date:

Title: Contracting Officer Signature: