A.02 MFR-FAR Part 13_SAT_SR Sea Turtle Surveys.pdf

CESAJ-CT 19 January 2021

MEMORANDUM FOR RECORD

SUBJECT: Non-Competitive Action under FAR Part 13, Simplified Acquisition Procedures, South Reach Brevard County Endangered & Threatened Sea Turtle Nesting Surveys

1. Authority: FAR 13.106-1(b)(1).

Pursuant to FAR 13.104, the Contracting Officer must promote competition to the maximum extent practicable from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase. However, in accordance with FAR 13.106-1

(b)(1), the contracting officer may solicit from one source if the determination is made that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization) for purchases not exceeding the Simplified Acquisition Threshold (SAT). This memorandum addresses the Contracting Officer’s determination to award a procurement action on a non-competitive basis utilizing FAR Subpart 13, Simplified Acquisition Procedures (SAP).

2. Description of Services & Background

This acquisition is for a non-personal services contract to survey nesting Threatened and

Endangered (T&E) sea turtle species at the footprint of the Brevard County South-Reach Flood Control and Coastal Emergencies (FCCE) Renourishment Project. These services are required as both Hurricane Matthew in 2016 and Hurricane Irma in 2017 caused erosion to the subject

Federal beach project area. Federal funding was provided and the beach renourishment project is expected to be completed by the early of March 2020. The 2015 Federal Statewide Programmatic

Biological Opinion from the U.S. Fish and Wildlife Service (USFWS) and the Florida Department of Environmental Protection (FDEP) Joint Coastal Permit both require out-year sea turtle nest monitoring post construction. The period of performance contemplated for these services is anticipated to be from March 2020 through March 2021, and will be procured utilizing Civil Works funds.

Turtle monitoring includes performance of daily visual inspections of the beach at sunrise by an individual, organization, or firm permitted by the Florida Fish and Wildlife Conservation

Commission (FWC). Services similar to these were previously acquired under Contract No.

W912EP18P0009, awarded to the University of Central Florida (UCF) on 13 March 2019 for

$95,179.00. The order was awarded in compliance with FAR 13.106-1 (b)(1).

The aforementioned services will be solicited to only one source, the UCF Marine Turtle

Research Group as this organization is the sole permit holder for turtle monitoring for the FCCE Brevard County South Reach Project. The total anticipated value of this acquisition is

$129,615.00 and therefore is below the SAT.

3. Considerations & Solicitation

In accordance with FAR 13.106-1(a) and 13.104 the Contracting officer considered the following when selecting the UCF Marine Turtle Research Group for award.

A sea turtle monitor is required and must be permitted by the state. Under Florida Statute

379.2431 (1) and Florida Administrative Code Rule 68E-1, the FWC can only issue a permit for sea turtle conservation work if there is a need for that activity. On beaches where FWC has already issued a permit to an individual, organization, or firm to conduct nesting surveys, the

FWC does not issue a second permit unless additional activities not being conducted by the existing permit exist. Additonally, within Florida Administrative Code Rule 68E-1, the FWC lists a timeframe of 90 days for approval or denial of permit requests. As the services are required to begin during the month of March of 2020, and as no other entities have requested and/or been granted such a permit, the Contracting Officer has determined that competing this requirement is not advantageous to the Government.

The Contracting Officer will solicit the UCF Marine Turtle Research Group. The proposed items/services will be evaluated by the government on the basis established in the solicitation and found to be acceptable. The proposed price will be reviewed to determine reasonableness as compared to the Independent Government Estimate (IGE) and/or comparable market prices or historical data.

4. Determination

Based upon the foregoing, the Contracting Officer determines that it is in the best interest to award this contract to the UCF Marine Turtle Research Group in the anticipated amount of $129,615.00.

Gerald L. Garvey Contracting Officer