Camp_Elim_Land_Exchange_Sole_Source_J&A.pdf

Camp Elim Land Exchange Appraisals

Justification and Approval for Other Than Full and

Open Competition Justification

1. Contracting Activity: Pike & San Isabel National Forest, under the USDA, Forest Service, Rocky Mountain Region, Golden, CO.

2. Description of Action: State whether approval is being requested for a new contract or a modification. Include type of contract, type of funds to be used (R&D, OPA, OMA) and, when applicable, the estimated share and ceiling arrangements, and fee or profit.

Ans. This is a new Request for Quote and Purchase Order for Professional Appraisal Services by the same contractor who completed previous appraisals of the same property June 10, 2015. These are follow-up or “follow on” services of the same property type. The type of funds to be used are land ownership adjustment-acquisition monies by Region 2’s Rec, Lands and Minerals Division.

3. Description of Supplies/Services: Describe the supplies/services. Include the estimated total value, including options, if any.

Ans. These are professional appraisal services to include ten separate appraisal reports for a land exchange on the Pike San Isabel Forest called the Camp Elim land exchange. The total value of these services is $35,000 to $40,000 based on market research. The contractor must be a current state certified general appraiser in good standing within the State of Colorado. This is a supplement and update “follow on” services to a previous contract.

4. Authority Cited: Identify the statutory authority permitting other than full and open competition, followed by the FAR citation and FAR citation title.

Ans. FAR 6.302-1, and Forest Service Manual 5400, Chapter 5410, Paragraph 5415, which explicitly states “Unless otherwise authorized by the Regional appraiser, only the appraiser who completed the original report [appraisal] may prepare a supplement or update a previously approved appraisal report.”

5. Reason for Authority Cited: Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements. If the authority is FAR 6.302-1, include the required delivery schedule and lead-time involved. If the authority is FAR 6.302-2, include the required delivery schedule and lead-time involved as well as a discussion of the serious injury to the Government which would result if award of a contract is delayed.

Authority is FAR 6.302-2 – Only One responsible source.

Ans. This is a supplemental, “:follow on” appraisal completed by Kevin Chandler, MAI of Chandler Consulting, LLC, Grand Junction, CO. Forest Service Manual 5400, Chapter 5410, paragraph 5415 explicitly states “Unless otherwise authorized by the Regional appraiser, only the appraiser who completed the original report [appraisal] may prepare a supplement or update a previously approved appraisal report.”

Chandler was appraiser who completed all previous appraisals on these same lands (10 different parcels) involved in the Camp Elim Land Exchange. The appraisals were previously completed June 10, 2015. Five of these parcels within this exchange have changed slightly (made smaller to accommodate needs of Forest and private owners). Because Chandler completed this previous work he is uniquely qualified and the only contractor amongst his competition to meet required time-schedule and other requirements.

6. Efforts to Obtain Competition: Describe efforts to ensure that offers are solicited from as many potential sources as is practicable. Also describe the extent of effective competition anticipated for this acquisition.

Ans. In accordance with authority cited in Item #4.

7. Actions to Increase Competition: There may be instances when it is not possible to compete the current acquisition. Include a statement of the actions taken, or to be taken, to increase competition (e.g., breakout) before any subsequent acquisition of the supplies or services.

Ans. Not applicable as cited in Item #4.

8. Market Research: Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources. Research must have been meaningful and conducted within the previous 12 months.

Ans. Not applicable as cited in Item #4.

9. Interested Sources: Include a listing of the sources that have written to express interest in the acquisition. If applicable, clearly state that "To date, no other sources have written to express an interest." If 10 U.S.C.2304(c)(1) is the authority cited, explain why other sources were rejected. Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a CBD notice will not be published, state which exception in FAR 5.202 applies.

Ans. Not applicable as cited in Item #4.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of the last several awards. Not applicable as cited in Item #4.

(2) Competitive status of these actions. Not applicable as cited in Item #4.

(3) Authority previously used for less than full and open competition. Not applicable as cited in Item #4.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. Not applicable as cited in Item #4.

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances. Not applicable as cited in Item #4.

(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys. Not applicable as cited in Item #4.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes. Not applicable as cited in Item #4.

b. Acquisition data availability. Explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available. Describe actions taken or planned to remedy this situation. Not applicable as cited in Item #4.

c. Unusual and compelling urgency. When FAR 6.302-2 is cited, provide data, estimated cost or other rationale to explain the nature and extent of the injury to the Government.

Not applicable as cited in Item #4.

d. Subcontracting competition. In single source situations, address efforts to be taken by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting. No sub-contracting of professional appraisal services is allowed without prior approval (FSH 5409.12 – Appraisal handbook).