CO Determination FAR12.102(a).pdf

405-146 (MRSD/PRO)

MEMORANDUM FOR:

FROM:

SUBJECT:

Reference:

File

Contracting Officer

Contracting Officer’s Determination that Circumstances of the Contract Action to Solicit from a Single Source for FLETC Waste Removal FLETCRR25.

FAR 12.102(a), Soliciting from a single source

In accordance with FAR 12.102(a) when utilizing simplified acquisition procedures, contracting officers must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the government.

FAR 12.102(a) states: “Soliciting from a single source (1) For purchases not exceeding the simplified acquisition threshold (SAT). (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

1. A contracting officer can determine the circumstances of the contract action indicate an exception to general competition requirement is acceptable, and necessary to avoid burdens when one source is reasonably available for services when urgency and/or specialized knowledge is required and competing the acquisition will not result in any additional savings or result in additional qualified vendors.

2. FLETC has a requirement for government employees to clear an area from old government-owned training facilities areas in order to prepare the area for a future requirement. The Government requires crushed concrete/rock/ tree limbs to be removed from the area. Rentals of equipment to assist the Government is imperative to meet mission requirements.

The Federal Acquisition Regulatory Council (FAR Council) is restoring common sense to Federal buying by eliminating rules from the Federal Acquisition Regulation (FAR) that are neither statutory nor essential to sound procurement. Executive Order 14275 and OMB Memorandum M-25-26, allows buyers to use their business judgment to determine when many governmentwide procurement policies and practices are suitable and how they are best implemented.

CO Determination

It was determined that the current contractor for waste disposal cannot support the operation on FLETC's contract due to being out of scope for this type of waste.

3. Builders Supply Inc has perform these type of services on multiple contracts and is reasonably available to aid in the disposal. The Vendor has agreements will the local land fields sites and has all the required permits and credentials to move the waste properly. In addition, the vendor currently has prior contracts with rentals already on FLETC that end on December 31, 2025 for unrelated requirements. The rentals can be used on this contract immediately and satisfies the requirement for this current requirement.

4. Builders Supply is registered in SAM.gov and is a small business.

5. Action is in the best interest of the government and believe competing will not be any additional savings to the government or produce a vendor that can perform in the short timeline provided.

Based on the information above, and to promote efficiency and economy, it has been determined by the contracting officer to solicit to a single source, Builders Supply, FAR 12.102(a) is in the best interest of the Government. Prices are determined to be fair and reasonable based on published prices and previous purchases.

Kimberly Cavanaugh Branch Chief Glynco Operations Branch Procurement Division Mission and Readiness Support Directorate Federal Law Enforcement Training Centers Office Phone: (912) 280-5220 Cell Phone: (912) 230-5327

Kimberly Cavanaugh Cross-Out