3-0051_JOFOC-Over_SAT_Heavy_Equipment_Lease_Wichita_Mtns_CO_1.pdf

FWS Form 3-0051 (Rev. 5/12/2021) U.S. Fish and Wildlife Service

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC) - OVER SAT

JOINT ADMINISTRATIVE OPERATIONS

Acquisitions Operations

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority identified in section 4 of this document. This template is required for actions over the Simplified Acquisition Threshold (SAT) (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

Instructions: The information in the text boxes are provided as sample language or to indicate a needed fill-in. Sample language should be removed from the final document. All text boxes require information and shall not be left blank.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)(4)).

(check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above SAT but below $7M)

41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute

41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

6. Description of Efforts Made to Maximize Competition (FAR 6.303-2(b)(6)).

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Program / Project Officer

13. Contracting Officer Certification and Approval: (All Values) FAR 6.304(a)(1)

Based on the above justification, I hereby certify that the circumstances of this contract action deem only one source reasonably available and approve the use of sole source acquisition procedures for this purchase.

Contracting Officer

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

12. Technical/Requirements Certification: FAR 6.303-2(c)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

14. Approval by Chief of Contracting Office (>SAT)

Based on the foregoing justification I hereby approve this procurement.

Chief of Contracting Office

15. Approval by Senior Chief of Contracting Office (>$700K)

Based on the foregoing justification I hereby approve this procurement.

Senior Chief of Contracting Office

16. Approval by Head of Contracting Activity (>$700K) FAR 6.304(a)(2)

Based on the foregoing justification I hereby approve this procurement.

17. Approval by Senior Procurement Executive (>$68M) FAR 6.304(a)(4)

Based on the foregoing justification I hereby approve this procurement.

Senior Procurement Executive

Head of Contracting Activity

The government currently has a lease contract with the vendor for this equipment that was issued under a competitive solicitation. It would be in the best interest of the government to honor the existing contract/lease agreement as it may result in additional costs above and beyond the pre-agreed amount for the base and options. The equipment is currently in the government's possession and is being utilized to execute critical project work. Terminating the lease at this point would cause unreasonable delays in project execution and would also create unsafe working conditions as it would force staff to perform tasks with equipment that may not be suitable for the scope of work being performed. If forced to seek a new contract, this would result in a significant delay in project execution and economic loss. Based on the time to execute the current contract, it would take approximately 2 years to solicit a new contract and await new equipment, which is not feasible to government operations.

B. Unusual and compelling urgency

Per FAR 6.302-2(b)(2), "Delay in award of a contract would result in serious injury, financial or other, to the Government". It would be a huge financial loss to the Government because when the end of the contract is reached the refuge can purchase the equipment for a minimal amount per the contract. If the refuge is not able to purchase the equipment the refuge would lose a sizable amount of money that has been invested in the equipment. A delay would negatively impact the refuge and projects because projects would go unfinished and would lose the heavy equipment that the refuge is close to owning.

Contracting Activity - Joint Administrative Operations, Acquisition & Property Operations, Acquisition Construction/A&E Operations

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