P06 J A Exception to Fair Opportunity 2022-06.pdf

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United States Department of Agriculture Justification: Exception to Fair Opportunity

Multiple Award Contract Order Exceeding $3,500

FAR 16.505

Control No. 2022-06 – 12FPC322R0012

1. Identification of the agency and the contracting activity.

U.S. Department of Agriculture (USDA), Farm Production and Conservation (FPAC) Business Center, Section 3, Construction and AE Team.

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

A follow-on action is required to task order 12FPC219F0032 under MATOC contract 12SPEC18D0009 with RJH Consultants, Inc., the original AE firm to complete construction management services for the Brule Creek Watershed Site 1A Dam Remedial Repair.

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

The work consists of all actions necessary to provide the construction management, quality assurance and surveying activities required for the construction Brule Creek Watershed Site 1A Dam Remedial Repair.

The AE Firm will be required to furnish all necessary personnel, equipment, materials, transportation, and facilities to verify compliance with the terms and conditions of the construction contract and quality assurance plan. Total estimated value is $712,700.00.

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

FAR 16.505(b)(2)(i)(C) – This is a logical follow on to the original task order 12FPC219F0032 for Design Services, which was awarded after a fair opportunity competition among multiple award AE contract holders in the Central Region to transition from the design phase into construction management and quality assurance.

RJH Consultants Inc. is the firm that conducted the original engineering for a comprehensive and complete design, supported with a thorough and complete design report, that adequately describes issues encountered and decisions made to address these issues, investigations and/or testing (geology and soil mechanics) performed and their impact on the design, physical site conditions (surface and sub-surface), hydraulic & hydrologic conditions and modelling results, and any other information to facilitate NRCS reviews. The final product included adequate information to allow the Sponsor to obtain any required permits for construction;

construction contract documents; drawings and specifications; and other associated documents and forms to bring the dam into compliance with current NRCS design criteria, and State of Nebraska Dam Safety criteria.

With a detailed knowledge of the design documents, construction documents, plans and specification RJH is in a position to offer the NRCS the best quality of service for the construction management and quality assurance for construction of the Brule Creek Watershed Site 1A Dam Remedial Repair. This will also allow the Sponsor to move into the bid process and construction faster because of their familiarity with project.

The project engineer and construction inspector will be able to communicate with the design engineers to determine clarifications on any issues regarding the plans and specifications, determine the appropriate

Page 2 Version 03152021 course of action if any unforeseen conditions are present on the site and provide more continuity throughout construction. With RJH handling both the design and construction management task orders it will require less effort of NRCS employees for coordination and oversight.

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

The previous task order was awarded after a competitive acquisition through AE Procedures (Brooks Act).

The AE Firm completed the comprehensive design, prepared the plans, specifications, and supporting contract documents would have an extensive knowledge and experience with the project as well as project area, which would make award to any other AE firm, based on qualifications, improbable. It would not only be improbable to find an AE firm with more relevant qualifications as required in the AE process, but would require substantial duplication of effort from any other AE firm; thus, incurring additional cost to the Government and any potential competitors a delay fulfilling the agency need

6. Any other facts to support the justification.

These services are not commercial in nature and would be properly acquired through AE (Brooks Act) procedures. It was determined that no further market research was necessary to determine sources or capability to satisfy the Agency’s needs as the requirement is a follow-on to previous work. Negotiating a follow-on contract with the original AE firm would seem to be the swiftest and most cost-effective method to providing the necessary design services of the rehabilitation project.

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

N/A

8. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated prices will be fair and reasonable based on the AE firm submitting a detailed listing of direct and indirect costs. Price analysis will be performed and a comparison of pricing from the original award as well as current pricing available in existing MATOC IDIQ contracts will be the basis for determining that price is fair and reasonable. By signing the justification, the contracting officer makes a determination that the cost/prices to the Government are expected to be fair and reasonable.

Certifications & Approval

☐ The information provided for this justification has been reviewed and certified accurate and complete by Allen Gehring and Randy Moses, Program/Technical Personnel.

Contracting Officer (not exceeding $750,000). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

☐ Approved.

☐ Reviewed and forwarding to the Procuring Activity Advocate (MASCO or Delegate).

Laureen M. Eipp, Contracting Officer

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