P06 J and A_Exception to Fair Opportunity_signed.pdf

Exception to Fair Opportunity Rehabilitation Plan & Environmental Assessment for the

Assunpink Creek Watershed

1. Identification of the agency and the contracting activity.

Agency: National Recourses Conservation Service, U.S. Department of Agriculture (USDA) Contracting Activity: Farm Production and Conservation - Business Center Acquisitions Division

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

Request approval for a logical follow-on to task order 12FPC219F0088 with Aterra-Schnabel JV. The original task order was competed with all five contractors under contract 12SPEC18D0023.

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 survey, investigate, analytically model, design, prepare the construction drawings and specifications, bid schedule, design report, cost estimate, inspection plan, instrumentation plan, breach inundation maps, operation and maintenance plan, and other related documents to support NRCS rehabilitation of the Assunpink Creek Watershed – Dam Site No. 8.

Total estimated value is $982,765.00.

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 contract 12SPEC18D0023 / 12FPC219F0088 for a Supplemental Watershed Rehabilitation Plan, which was awarded after a fair opportunity competition among multiple award AE contract holders in the Northeast Region.

Aterra-Schnabel JV is the firm that conducted the original design-level engineering planning and environmental analysis required of a Supplemental Watershed Rehabilitation Plan. A Supplemental Watershed Rehabilitation Plan is a culmination of the investigation, analysis and evaluation necessary to determine and recommend conceptual/preliminary engineering alternatives; and identify a preferred alternative for dam rehabilitation that is the most technically, economically, socially, and environmentally defensible as determined by NRCS in consultation with the Project Sponsor.

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

The rates were established in the contract and previously determined to be fair and reasonable. The total price to be paid for this task order will be determined through negotiations on the labor mix and level of effort. The Independent Government Cost Estimate (IGCE) will be used as a basis for negotiating these quantities.

6. Any other facts to support the justification.

N/A

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

This requirement is specific to this location. We do not anticipate any additional work for this project.

Certifications & Approval

☒ The information provided for this justification has been reviewed and certified accurate and complete by Hilary Trotman, NRCS Engineer and 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.

Laureen Eipp Date Contracting Officer

Advocate for Competition for the procuring activity. I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Derek A. Beavers Date Advocate for Competition

01/18/2022