postaward_J_A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

USDA-NATURAL RESOURCES CONSERVATION SERVICE, STATE OF ARKANSAS

CONTRACTING ACTIVITY: USDA-NATURAL RESOURCES CONSERVATION SERVICE, STATE OF OKLAHOMA

SOLICITATION NO. AG-7335-S-11-0016

CONTRACT NO. AG-7103-C-11-0008

JUNE 30, 2011

Finding:

IAW FAR 6.302-2 -- Unusual and Compelling Urgency, and (a) Authority (1) Citations: 10 U.S.C.

2304(c)(2) or 41 U.S.C. 253(c)(2), the NRCS Arkansas State Office has a need for construction services of such an unusual and compelling urgency that the Government would be seriously injured unless the NRCS Oklahoma State Office is permitted to limit the number of sources from which bids will be solicited.

Full and open competition need not be provided for.

(b) Application. This authority applies in those situations where (1) An unusual and compelling urgency precludes full and open competition, and (2) Delay in award of a contract would result in serious injury, financial or other, to the Government.

(c) Limitations (1) Written justification and local approval will support the acquisition. (2) This office has requested offers from as many potential sources as is practicable under the circumstances.

IAW FAR 6.303-1 – Requirements (a) This award from other than full competition will be supported by this (1) Justification as required in 6.302. The Contracting Officer hereby (2) certifies the accuracy and completeness of the justification (3) approved as required by 6.304. (c) Technical and requirements personnel Stanley Mathis, Neal Sparks, Alan McGhee, and Walter Delp were responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition. IAW FAR 6.303-2(c) supporting data that is the responsibility of technical or requirements personnel to verify rationale for other than full and open competition and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

IAW 6.303-2 – Content, (a) this justification contains sufficient facts and rationale to justify the use of the specific authority cited by inclusion of (b) the following information:

(1) Identification of the agency for which this contract is written: USDA-Natural Resources Conservation Service, State of Arkansas. The contracting activity: USDA-Natural Resources Conservation Service, State of Oklahoma. This document is identified as “Justification for other than full and open competition.”

(2) The nature of the action is an Emergency Watershed Program project in response to weather that rendered the State of Arkansas a “Disaster Area”. The description of the action is Streambank Stabilization in Randolph County Arkansas.

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

ITEM DESCRIPTION QTY UNIT

1 Bonding 1 EA 2 Mobilization 1 EA

Channel Clearing & Obstruction Removal 850 LF

4 Rock Riprap 630

Nonwoven Geotextile Fabric 750 TN

$38,842.50

(4) The statutory authority permitting other than full and open competition is FAR 6.302-2 – Unusual and Compelling Urgency.

(5) The nature of the acquisition requires use of the authority cited. If not used, the authorized period of performance for an EWP exigency which is ten (10) days would not be met. The dollar value of the action would normally require synopsis and formal advertisement of forty-five (45) days.

(6) The State of Arkansas NRCS office offered six construction firms with which they normally do business to solicit. The State of Oklahoma NRCS office offered two construction firms with which they http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P83_11337� http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P249_35249� normally do business to solicit. Sufficient efforts have been made to ensure that offers are solicited from as many potential sources as is practicable. lAW FAR 5.202(a)(2) a notice will not be publicized.

(7) The Contracting Officer has determined that competition is sufficient to yield a fair and reasonable cost to the Government.

(8) Market research was not conducted due to the unusual and compelling urgency of this action.

(9) (iii) The nature of the harm to the Government would be any further damage to the stream bank area by weather or use.

(10) The following are sources that expressed an interest in the acquisition: Kesser International, Inc., Guerin Contracting, Inc., and T. McDonald Construction, Inc.

Determination:

The Contracting Officer hereby certifies that this justification is accurate and complete to the best of the Contracting Officer'S knowledge and belief.

ApPROVEO/DISAPPROVEO

MARTHA J. WORLEIN

CONTRACTING OFFICER