Justfication for Exception to Fair Opportunity Process.pdf

JUSTIFICATION FOR EXEPTION TO FAIR OPPORTUNITY

Agency: USDA FPAC Business Center on behalf of USDA Natural Resources Conservation Service.

Nature and/or description of action: In accordance with FAR 16.505 Ordering, this justification is prepared to support the basis for waiving the requirement to provide fair opportunity to other multiple award IDIQ contract holders, Description of supplies or services: Update of the Supplemental Watershed Plan including real property work maps for the Big Slough Watershed, Flood Water Retarding Structures 1, 2, 3, 6, 7, 10, an 11; and a preliminary design for Site 10.

Identification of exception to fair opportunity and relevant facts support justification: Exception was based on the logical follow to original contract AG-7103-D-05-0006 for a Supplemental Watershed Plan which was a competitive acquisition under AE procedures (Brooks Act). The firm that conducted the investigation necessary to complete this original plan would have extensive knowledge and experience with the project that would make award to any other firm under A&E procedures, based on best qualifications, improbable. It would not only be improbable to find a firm with more relevant qualifications as required in the A&E process, but would require substantial duplicate of effort from any other firm thus additional cost and delay fulfilling the agency need. It was determined that a fair and reasonable price could be negotiated with the firm which provided the original plan in that they hold a current a multiple award IDIQ contract - 12SPEC18D0016 - for engineering services with previously negotiated rates deemed fair and reasonable.

This justification is accurate and completed to the best of my knowledge and belief, and is supported and concurred in by technical specialists of the NRCS, Little Rock, Arkansas.

It is my determination that the price negotiated was fair and reasonable, and was in the best interest of the government to award utilizing an exception to the fair opportunity ordering process 16.505(b)(2)(i)(c). Award was made to M&E Consultants in the amount of $398,463.00.

Laureen M. Eipp Contracting Officer