Justification_FairOpportunity Exception signed.pdf

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Justification for Exception to Fair Opportunity United States Department of Agriculture

FAR 16.505

1. Identification of the agency and the contracting activity.

Ottawa National Forest – Supervisor’s Office E6248 US Highway 2 Ironwood, MI 49938

2. The nature and/or description of the action being approved.

The USDA Forest Service proposes to issue a follow on task order on a firm fixed-price basis with MJ Engineering and land Surveying PC.

3. A description of the supplies or services required to meet the agency’s needs (including estimated value).

Black River Harbor Recreation Area (BRHRA) Waterfall Overlook Platforms and Access Stairs Design. The work required is based on the design improvements proposed in the Conceptual Design Report (January 19, 2024, by MJ Engineering and Land Surveying, P.C.) and the accompanying 10% Concept Plans.

4. Identification of the exception to fair opportunity and supporting rationale.

FAR 16.505(b)(2)(i)(C) is the authority being used. There is a logical relationship between the initial order and the follow-on in the interest of economy and efficiency.

The A&E firm (MJ Engineering):

• successfully competed against other IDIQ A&E firms to be awarded phase I of the project.

• successfully completed phase I topographical surveying and photographing of the project areas and thus very familiar with the physical location of the work; the contours, soils, landscapes, general drainage, obstacles to overcome, semi-remoteness, availability of cell phone services, etc. (i.e. they wouldn’t require the time to visit the site to relearn all of these existing conditions / settings / surroundings).

• successfully completed phase I conceptual design of the project to help guide / promote the FS options selection process for determining which phase II work to have designed and its’ priority / order of completion.

It’s estimated that it would cost more in time and funding to:

• solicit the phase II existing IDIQ A&E firms again, as MJ engineering already knows what the work involves since they worked on it / its development.

• Bring existing IDIQ A&E firms “up to speed” with the sites of the work (topography, general drainage, existing structures, issues with cell phone coverage / services, etc.).

• Review and re-discuss the conversations / discussions about what’s previously been discussed (i.e. don’t want to re-invent the wheel so-to-speak).

5. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

An award will not be made unless a fair and reasonable price can be established. The Government has multiple sources to verify reasonable market rates and level of effort for this type of work.

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6. Any other facts to support the justification.

The initial task order for the Phase I was valued at almost $67,000. Most, if not all, work previously completed would need to be redone if another firm was selected to continue with the project.

7. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

All task orders for new projects are issued after fair opportunity is given.

Certifications & Approval

Supporting data that form the basis for and included in this justification is certified accurate and complete.

Eric Johnson Engineer

The information contained in this justification is certified accurate and complete to the best of my knowledge and belief.

Tiffany Atchison Contracting Officer

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