A27 Mod 0012 Justification for Exception to Fair Opportunity_redacted.pdf

United States Department of Agriculture Justification for Exception to Fair Opportunity

FAR 16.505

1. Identification of the agency and the contracting activity.

Agency: USDA – Natural Resources Conservation Service Contracting Activity: USDA Farm Production Conservation Business Center, Acquisition Division, West Region, Construction and AE Team.

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

Modification P00012 to Contract 12SPEC18D0006 with DDK Engineering JV, PO Box 339, Randolph, VT 05060-0339 on a sole source basis to increase contract capacity by $450,000.

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

The subject contract has a performance period ending April 15, 2023. The Contracting Activity on behalf of the Agency proposes to increase the contract ceiling from $10,000,000 to $10,450,000 to accommodate the difference between remaining capacity and the negotiated amount of the final task order as well as capacity for an anticipated task order modification.

DDK was selected for negotiation under the fair opportunity process to complete a Dam Rehabilitation Watershed Plan/ED document package for two dams in Pennsylvania. At the time of RFP issuance, there was adequate capacity remaining to make an award based on the IGE. The resulting task order 12FPC321F0259 exceeded the IGE and consequently the ceiling was exceeded by . This was not previously recognized nor addressed the based contract.

Additionally, an existing task order, 12FPC320F0255, for a Supplemental Watershed Plan/Environment Document requires an in-scope modification for an additional alternative evaluation for which the agreed to cost is

These known actions cause the contract capacity to be exceed by . Rounding to $450,000 will provide additional capacity should other task orders (there are currently 12 open task orders out of 18 issued) should aa required in-scope modification that are found to be in the best interest of the Government

4. Identification of the exception to fair opportunity and supporting rationale.

The following circumstance justifies the exception to fair opportunity/brand name under FAR 16.505:

FAR 16.505(b)(2)(i)(B) - Only one awardee is capable of providing the supplies or services required at the level of quality required.