P06 Justification - Other than Full and Open 12FPC322R0022 Fully Executed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity

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

2. Description of the Action Being Approved

A follow-on action is required to task order AG-SPEC-D-16-0006 under MATOC contract AG- 3A75-C-12-0008 with GSFW Engineering JV, the original AE firm to complete the rehabilitation design, to support the NRCS construction of that rehabilitation design for the Conneautville Dam, Crawford County PA.

3. Description of Supplies and/or Services

The work consists of all actions necessary to provide needed engineering support services during construction to support NRCS implementation of the rehabilitation of Conneautville Dam. Work is to begin in July and end in December 2022.

4. Statutory Authority

41 U.S.C.3304(a)(1) - FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Applicability of the Authority

Exception is based on 1) awarding to other than the original vendor will result in substantial duplication of costs for both Government and vendor 2) costs are not recoverable through competition

3) untenable delays in fulfilling requirement.

This is a logical follow-on action to the original contract AG-3A75-C-12-0008/AG-SPEC-D-16-0006 for Watershed Rehabilitation Design services awarded through fair opportunity competition amongst multiple award AE contract holders. The subsequent delivery order was awarded to the highest qualified vendor in accordance with the AE procedures and competition requirements set forth in the Brooks Act. As the Engineer of Record for this project, GSFW Engineering JV, conducted the original dam rehabilitation design services and environmental analysis and has exclusive knowledge and experience with the project and the project area. Resuming the AE process, based on highest qualifications, would create substantial duplication of effort, additional cost, and is believed highly improbable that the government will find a firm with more relevant qualifications. Conneautville Dam is designated a Class B, High Hazard Potential Dam where project delays could have negative consequences.

6. Description of Efforts to Obtain Competition

There was no additional effort to obtain competition, in that (1) the proposed action is under SAT;

and (2) competition for AE services is based on the demonstrated competence and qualifications of prospective contractors. The original source of these services would be deemed best qualified and competition under AE procedures would only serve to create additional cost and burden to potential competitors as well as the government.

7. Determination the Anticipated Price to the Government will be Fair and Reasonable The IGE is $195,000.00. The basis for determining the price is fair and reasonable: The AE firm will be asked to submit a detailed listing of personnel and SF330 Qualification forms, a detailed listing of direct and indirect costs, and 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.

8. Market Research The services are not commercial in nature and would be acquired through the AE (Brooks Act) procedures. The total cost is anticipated to be under the Simplified Acquisition Threshold. As a follow-on to previous work, it was determined that no further market research was necessary to establish sources capable of satisfying the Agency’s need.

9. Other Facts Supporting the Use of Other than Full and Open Competition To providing the necessary engineering support during construction of the rehabilitation project, negotiating a follow-on contract with the original AE firm is the swiftest and most cost-effective method. A construction contract will be awarded for this project with mobilization occurring as early as July 2022.

10. Interested Sources No other sources have expressed, in writing, an interest in the acquisition.

11. Barriers to Competition Currently the Agency has multiple award IDIQ contracts for AE services competed under full and open competition, set aside for small business; and there are no identified barriers to competition at this time.

12. Technical Requirements Personnel Technical personnel for this requirement have developed a follow-on statement of work outlining the additional service verifying the Governments minimum needs and scheduling requirements and the rationale for this other than full and open competition. They have also provided the Final Rehabilitation Design (completed by the incumbent) and information available on the original award to the incumbent.

Requirements or Technical Representative Certification I hereby certify requirements and/or technical supporting data relied upon for this justification is accurate and complete to the best of my knowledge and belief.

Name Organization Title

Signature Date

Contract Specialist’s Certification I hereby certify this justification is accurate and complete to the best of my knowledge and belief.

Name Organization Title

Signature Date

Contracting Officer’s Certification I hereby certify this justification is accurate and complete to the best of my knowledge and belief.

Name Organization Title

Signature Date

4/28/2022

Laureen M. Eipp FPAC BC Section 3

Contracting Officer