A27 Mod 0017 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 P00017 to Contract 12SPEC18D0024 with Aterra-Schnabel JV, 300 Brookside Avenue, Building 18, Suite 160, Ambler, PA 19002-3436 on a sole source basis to increase contract capacity by $350,000.

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 $10,350,000 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.

Aterra Schnabel was selected for negotiation under the fair opportunity process to complete a Watershed Plan/ED document package for two dams in Puerto Rico. At the time of RFP issuance and negotiation there was adequate capacity remaining to make an award. Verification of capacity prior award determined that task orders issued by other USDA agencies had utilized some of the available contract capacity without notification or confirmation of availability of capacity to the issuing agency. Those awards made the contemplated award in excess of the contract ceiling threshold.

Additionally, an existing task order, 12FPC322F0083, for 11 Preliminary Investigation Feasibility Reports (PIFRs) requires an in-scope modification for an additional 2 reports.

These known actions would exceed the contract capacity by approximately . Rounding to $350,000 will provide additional capacity should other task orders (there are currently 13 open task orders out of 23 issued) a require 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.