JA Ceiling Increase Final Redacted_1.pdf

Page 2 of 4 D17PC00314 J&A

4. An identification of the statutory authority permitting sole source acquisition.

This is an acquisition conducted under the authority of the Simplified Procedures for Certain Commercial Items. The statutory authority permitting sole source acquisition is 41 U.S.C 1901 as implemented by FAR 13.501(a)(1)(ii).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Government would be seriously injured by not having this contract in place to complete natural resource missions throughout the entire survey season. The BLM’s Cadastral Survey Program provides one of the most fundamental functions of the U.S. Government by creating, defining, marking and re-establishing the boundaries and subdivisions of the public lands of the United States. These surveys provide public land managers and the public with essential information needed to correctly determine ownership rights and privileges, and to facilitate good land management decisions. If adequate ceiling is not added to the current contract, the BLM will not be able to finish its critical survey mission next season. It is determined to be in the best interest of the Government to increase the ceiling value of the contract by from $1,891,685.00 to for next season’s survey mission availability and success.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

As required by FAR 5.201 (b)(1)(ii) & FAR 13.501(a)(iii) a special notice of the Government’s intention to increase the ceiling will be publicized to the Government Point of Entry (GPE). This will allow potential sources the opportunity to respond to the special notice.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

There is no change in the pricing established in the contract. Given this, and the fact that the pricing was determined fair and reasonable at the time of award per FAR 13.106-3(a)(1) – competitive offers, as well as a re-determination of price reasonableness at the time of option exercise, it is determined the current pricing is fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

No formal market research was conducted for this ceiling increase. The contracting officer is heavily involved in this market segment and knows that given the current circumstances surrounding the Coronavirus (COVID-19) pandemic, it is unlikely the BLM will obtain adequate competition, at or near the current pricing. The current pricing is much lower than what would be offered if it were to be recompeted right now.

The uncertainty that COVID-19 is currently causing may make it difficult to obtain adequate competition if the BLM tries to recompete this requirement early, as many small vendors may be shutting their operations down for at least the year, if not permanently.