P06 FAR 6.302_Justification for Other Than Full Open Competition.pdf

United States Department of Agriculture Justification for Other than Full and Open Competition

Federal Acquisition Regulation (FAR) Part 6.3

12FPC322Q0071

1. Identification of the agency and the contracting activity.

USDA-NRCS- Texas, East Texas PMC, Nacogdoches, TX FPAC BC, Construction & AE Team

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

USDA-NRCS proposes to enter into a firm fixed price contract with Wanda Drilling, an experienced local firm on a basis of other than full and open competition – with an exception to publicizing due to urgency, and an exception to SAM registration prior to/upon award. Phone quotes were obtained from two local firms, neither of which is in SAM, Wanda submitted the lowest quote and was the preferred firm for performance as they have the pump and motor in stock and can start next week. They have registered in SAM, but will likely not be active at time of award. As such procedures outlined in SUBPART 4I-4.11—SYSTEM FOR AWARD MANAGEMENT will be followed for entering the contract into IAS.

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

Remove and replace a water well pump that unexpectedly failed and any damaged casing and ancillary items.

4. The statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(2), as implemented by FAR 6.302-2, titled "Unusual and compelling urgency."

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

This is an urgent requirement in that the pump/well supplies the research area at the PMC with irrigation, and without water they will lose new plantings and seed production. It’s a critical item to their work mission. They are currently under drought conditions in Texas, and are having to fill a 750 gallon tank and hauling water to studies areas and using hydromulcher to spray water on bigger fields. Delays in replacing the water well pump will result in serious harm to the Government's mission, as well as safety to the employees who are forced to work in 110 degree heat to water study areas and field.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

Quotes were obtained from two local firms in an effort to obtain competition and ensure price reasonableness. Due to the urgency of this requirement an exception to publicizing in accordance with FAR 5.202 is deemed necessary as the Government would be seriously injured if the agency complies with the time periods as specified 5.201.

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

Cost to the govenrment will be determined fair and reasonable based on the quotes received and historical information on past procurements on well drilling and pumps/motors.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research was performed through SAM.gov and the SBA Dynamic Small Business Search.

There were no businesses found in the local area found in the NAICS. The two local business found were not registered in SAM.

The closest small business where located in Houston – two hours away; and not within a reasonable commuting distance to be able to perform these services at a fair and reasonable price.

9. Any other facts supporting the use of other than full and open competition.

Utilizing a local firm will be the most efficient and cost-effective approach to minimizing the Government’s costs and damages as a result of the failed well pump.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

N/A

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

N/A – unanticipated equipment breakdown

Certifications & Approvals

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

Alan Shadow, Manager, East Texas Plant Materials Center

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Laureen M. Eipp, Contracting Officer

Senior Procurement Executive of the Agency (if over $75 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, as the Senior Procurement Executive, I hereby approve this justification.

Tiffany J. Taylor Senior Procurement Executive United States Department of Agriculture

Notes and Guidance. Delete these notes prior to finalizing document for signature

Acquisitions for commercial items/services with a value exceeding $7.5 million, and acquisitions for non-commercial items/services with a value exceeding the Simplified Acquisition Threshold (SAT) are subject to the competition requirements of FAR Part 6.

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition to the maximum extent practicable. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form. Contracting without providing for full and open competition or full and open competition after exclusion of sources is a violation of statute, unless permitted by one of the exceptions permitted in FAR 6.302.

Advance planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the Agency’s needs. See below for posting requirements.

Posting. Contracting Officers shall make justifications (excluding brand name) publicly available within 14 days after contract award in accordance with the procedures at FAR 6.305(d),(e), and (f).

In the case of unusual and compelling urgency, justifications shall be made publicly available within 30 days after contract award in accordance with the procedures at FAR 6.305(b), (d), (e), and (f).

Brand name justifications shall be posted with the solicitation in accordance with FAR 6.305(c) and 5.102(a)(6).

Screening. Before posting this Justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Sole Source 8(a) over $25 million. As a minimum, each justification for a sole source 8(a) contract over $22 million shall include the information required by FAR 6.303(d)(1) through (5).

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for digital electronic. Signature blocks shall include dates.