A18_-_J_A_Exception_to_Fair_Opportunity_-_MATOC_-_Vieco_Redacted_1.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Washington, D.C. 20240

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FAR 16.505(b)(2) - Noncompetitive Order Under a Multiple-Award Task-Order Contract

This justification supports issuance of a task order without providing every multiple-award contract holder a fair opportunity to be considered. The order relies on the urgency exception at FAR 16.505(b)(2)(i)(A), is supported by the written justification required by FAR 16.505(b)(2)(ii)(B), requires approval under FAR 16.505(b)(2)(ii)(C), and will be posted after award in accordance with FAR 16.505(b)(2)(ii)(D).

1. Agency and Contracting Activity U.S. Department of the Interior | Office of Acquisition & Property Management | Acquisition Operations | U.S. Fish and Wildlife Service Programs.

2. Nature and Description of the Action Being Approved Approval is requested to issue a firm-fixed-price construction task order noncompetitively to Vieco Development & Construction Co., Inc., St. Joseph, Missouri, under an existing Multiple Award Task Order Contract (MATOC). Vieco is an awardee under the MATOC. The Government will not provide the other MATOC awardees a fair opportunity to be considered because the agency need is so urgent that doing so would result in unacceptable delay within the meaning of FAR 16.505(b)(2).

Project: Visitor Center Storm-Damaged Roof Replacement, Neal Smith National Wildlife Refuge, Prairie City, Iowa (Project No. 3R-IA-1159-068).

Proposed Order Recipient: Vieco Development & Construction Co., Inc., St. Joseph, Missouri.

Contract Type: Firm-fixed-price task order.

Order Number / Underlying MATOC Number: [TBD / 140F0822D0126]

Type and Year of Funds: 25XF1612CE

Estimated Value of the Order: $917,680.00.

Because the proposed order exceeds $900,000 but does not exceed $20 million, FAR 16.505(b)(2)(ii)(C) requires approval by the activity advocate for competition or by an official authorized under FAR 16.505(b)(2)(ii)(C)(3) or (4). Consistent with the FWS Internal Contract File Review SOP, the justification will be reviewed by the Chief of the Contracting Office (CCO) and approved by the Head of the Contracting Activity (HCA).

3. Description of the Supplies or Services Required to Meet the Agency's Needs In summer 2024, a severe hailstorm caused extensive roof and water damage that closed the visitor center. After the storm, immediate repairs were made, which included an epoxy/rubber-type material on the roof that was supposed to last two years. That two-year expiration of the roof repair is this year, hence the emergency to permanently fix it. A temporary roll-on waterproof coating was installed after the storm. That temporary measure is now failing at multiple locations, including perimeter flashing, roof drains, and monitor end walls. Facility personnel have deployed collection containers and plastic sheeting throughout the building to capture continuing water intrusion. This work was planned to be included within a procurement effort for a complete reconstruction of the roof and a renovation/addition of the existing facility. However, the failing condition of the roof combined with the impending threat posed to the overall structure and facility operational systems does not allow for this work to be delayed as part of the later comprehensive renovation effort.

The required construction includes replacement of storm-damaged roofing, roof drains, related piping, cedar fascia and trellis components, flashings, and the associated lightning-protection system. The work is divided into two coordinated bid items:

A. Base Bid Item No. 1 - Western portion of the building: demolition of the existing single-ply membrane roof, lightning-protection system, cedar fascia/trellis, and roof drains; and installation of a new TPO roofing system, lightning-protection system, cedar fascia, roof drains, and associated piping. Required performance period: 120 calendar days after award.

B. Base Bid Item No. 2 - Central/transitional portion of the building remaining after a separate contractor demolishes the eastern portion: demolition and replacement of roofing, lightning protection, cedar fascia, and flashings, coordinated with the separate building-renovation contractor. Required completion date: November 30, 2027.

The anticipated overall period of performance is approximately 475 calendar days from award. Both bid items are included in one order because they form adjoining portions of an integrated roof system and the Government requires continuity of installer responsibility and manufacturer warranty at the interface between the phases.

4. Exception to Fair Opportunity and Supporting Rationale Authority: FAR 16.505(b)(2) - "The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays."

The temporary roof system is actively failing, and water is entering the building during precipitation events. Continuing exposure is causing or threatening progressive and compounding damage, including:

A. Staining and deterioration of the tongue-and-groove wood ceiling and wall and floor finishes;

B. An increased risk of microbial growth and concealed moisture damage as leaks continue;

C. Continued closure of the visitor center to the public; and

D. Damage to systems intended for reuse in the planned renovation, including geothermal heat pumps, electrical distribution panels, plumbing, and casework. The related design effort is under Contract No. 140F0822D0297, Task Order No. 140FC225F0016.

Providing every MATOC awardee a fair opportunity would require additional notice, proposal-preparation, evaluation, and award-processing time before mobilization could begin. That delay is unacceptable because the building remains exposed to active water intrusion and each additional rain event may increase interior damage, remediation costs, and schedule risk to the planned renovation.

FACTUAL PROCUREMENT TIMELINE:

The Program Partner�s project package is immediately available for solicitation processing. The minimum time estimate needed to engage all MATOC holders competitively is 90 calendar days. However, the anticipated time needed when employing the exception to fair opportunity is 45 calendar days. Due to the exigent nature of the identified project requirements, it is imperative that the government save the additional 45 calendar days for the purposes of protecting personnel operating within the structure and the preservation of property (i.e. the structure and systems/material housed therein).

8/13/2026 Issuance of Solicitation 9/21/2026 Contract Preparation, Contract Award

The exception is limited to the work reasonably necessary to arrest the ongoing water intrusion and to preserve an integrated, warrantable roof system. The later performance date for Base Bid Item No. 2 does not eliminate the present need to award both phases together because the adjoining phases must be designed, coordinated, installed, and warranted as one system. The acquisition COR/Architect, serving as the acquisition technical support, has concluded that the use of different installers, or a later separate award, would materially impair warranty continuity, interface responsibility, system performance, schedule, or the Government�s ability to obtain a unified roof warranty.

5. Basis for Selection of the Proposed Contractor Vieco Development & Construction Co., Inc. is the proposed order recipient because market research determined that Vieco is an eligible MATOC awardee with the capability and availability to perform the required roof replacement within the compressed schedule necessary to address the active leaks. The proposed selection is based on urgency-related capability and availability, not on a preference or allocation among MATOC holders.

Past performance on Region 3 USFWS construction projects: Vieco successfully completed Contract #140F0320C0005, the Loess Bluffs NWR Headquarters Siding Replacement. The firm received excellent ratings on their past performance questionnaires (PPQs), and the work was completed on time with minimal issues. Between all the MATOC holders, Vieco�s proximity to the project site is located closest to the site for swift mobilization�approximately 199 miles away. Additionally, the refuge has had performance issues with MDM Construction, PDSI Contractors, and RB Construction Company. The other MATOC holders are located 800+ miles from the project site.

The file must also document why soliciting each of the other eligible MATOC awardees would result in unacceptable delay, including any responses concerning availability or mobilization. The fact that the MATOC was originally competed does not, by itself, justify denying fair opportunity for this order.

6. Market Research Market research was completed 7/23/2026, to establish the availability of 167 potential small business sources found in the state of Iowa through SBA�s Dynamic Small Business Search. The MATOC was identified as a source for contractors with the administrative ability to reduce the procurement lead time. Discussions with the IMD leadership and project COR revealed the present conditions of the structure would require a greater measure of urgency. However, due to the exigent nature of the project needs (i.e. failing roof and significant subsequent facility damage), it is determined necessary to limit competition to a single identified small business source among the MATOC holders: Vieco Development & Construction Co. Inc.. The parent Small and Disadvantaged Business Acquisition Screening is applicable and covers this order given the waived exception: The DI-1886 does not need to be prepared for any order or call against an IDV where all of the contractors are small businesses.

7. Determination That the Anticipated Price Will Be Fair and Reasonable Before award, the Contracting Officer will determine the anticipated price to be fair and reasonable.

Because only one proposal will be obtained, the determination will not rely on adequate price competition. The Contracting Officer may use the Independent Government Cost Estimate and other appropriate price-analysis or cost-analysis techniques, including analysis of Vieco�s proposed labor, material, equipment, subcontract, overhead, profit, and other price elements as warranted; comparison with prices previously paid for comparable roofing work adjusted for differences in scope, location, timing, and market conditions; and any relevant published or market data. The final price-negotiation memorandum or price-analysis memorandum will identify the specific methodology used, address any material variance from the current IGCE, document negotiations, and support the Contracting Officer�s written determination of fair and reasonable price.

8. Other Facts Supporting the Justification The building remains closed and exposed to continuing water intrusion. Delay threatens additional damage to architectural finishes and to equipment and systems intended for reuse. The Government also requires one contractor to maintain responsibility for the interface between the two roof phases and to preserve a single, enforceable manufacturer warranty across the integrated roof system.

9. Actions to Remove or Overcome Barriers to Competition The Government will limit this exception to the present urgent requirement. For future non-urgent roofing or related construction requirements, the Government will begin acquisition planning and market research sufficiently early to provide all eligible MATOC awardees a fair opportunity to be considered. The Government will also evaluate whether future requirements can be structured with transferable or separately enforceable warranties, standardized interface requirements, manufacturer inspection, or other measures that preserve competition without impairing system performance or warranty coverage.

10. Internal Review, File Documentation, and Posting The file will be routed in accordance with the FWS Internal Contract File Review SOP. A warranted Contracting Officer must review the file before higher-level review. Because this is a construction action over $500,000, legal review is required. Because this justification exceeds the simplified acquisition threshold and $700,000, the SOP requires CCO and HCA review/approval before the pre-solicitation review request. Comments, responses, and completed reviews must be retained in the contract file.

The e-file must contain the current purchase request, requirement documents, current IGCE, acquisition plan, market research, applicable DI-1886, this justification, technical certification, price-analysis documentation, responsibility and exclusions checks, evidence of required reviews, and the final order.

Any substantial post-review change to the authority, competition strategy, scope, contract type, evaluation approach, or other acquisition strategy must be rerouted through the required reviewers.

In accordance with FAR 16.505(b)(2)(ii)(D) and FAR Part 5, the Contracting Officer will publish the required award notice and post the redacted justification at the Governmentwide point of entry.

Because this action relies on the urgency exception, the justification may be posted within 30 days after award and must remain available for at least 30 days. Before posting, the Contracting Officer will remove proprietary, source-selection-sensitive, and other information exempt from public disclosure.

11. Technical/Requirements Personnel Certification I certify that the supporting data for which technical or requirements personnel are responsible, including the Government�s minimum needs, existing facility conditions, urgency, technical integration, and warranty-continuity rationale, are complete and accurate.

Timothy D. Fuller Architect Region 3 - Infrastructure Management Division (IMD) U.S. Fish and Wildlife Service

12. Contracting Officer Certification I certify that this justification is accurate and complete to the best of my knowledge and belief. I further determine that the anticipated price will be evaluated and documented as fair and reasonable before award and recommend use of the exception to fair opportunity at FAR 16.505(b)(2).

Micah L. Holmes Contracting Officer

U.S. Department of the Interior | Office of Acquisition & Property Management U.S. Fish and Wildlife Service Programs

13. Chief of the Contracting Office Review and Concurrence I have reviewed this justification in accordance with the FWS Internal Contract File Review SOP and concur with the recommended use of the exception to fair opportunity, subject to completion of all highlighted factual insertions and required file documentation before award.

Stephen A. Clabough Chief of the Contracting Office (Construction/A&E Operations) U.S. Department of the Interior | Office of Acquisition & Property Management U.S. Fish and Wildlife Service Programs

14. Head of the Contracting Activity Approval and Written Determination Based on the foregoing justification, I determine that the circumstance identified at FAR 16.505(b)(2) applies: the agency need for the supplies or services is so urgent that providing every MATOC awardee a fair opportunity would result in unacceptable delays. I approve issuance of the proposed task order to Vieco Development & Construction Co., Inc. without providing the other MATOC awardees a fair opportunity to be considered, subject to completion of the acquisition file and a Contracting Officer determination that the final price is fair and reasonable.

Alissa C. Varrati Head of the Contracting Activity Acquisition Operations U.S. Department of the Interior | Office of Acquisition & Property Management U.S. Fish and Wildlife Service Programs