SPECIAL NOTICE
99 -- Development of Phase IV and Future Early Restoration Plans
- Notice Date
- 3/30/2015
- Notice Type
- Special Notice
- NAICS
- 541620
— Environmental Consulting Services
- Contracting Office
- FWS, DIVISION OF CONTRACTING AND GR1875 CENTURY BOULEVARDSUITE 310AtlantaGA30345-3310
- ZIP Code
- 30345-3310
- Small Business Set-Aside
- N/A
- Description
- Justification and Approval Document LIMITED-SOURCE JUSTIFICATION (IN ACCORDANCE WITH FAR 8.405-6) 1. Identification of Agency and Contracting Activity. Requiring Activity: U.S. Fish and Wildlife Service DOI Deepwater Horizon NRDAR Case Management Office Contracting Activity: U.S. Fish and Wildlife Service Contracting and Grant Services 1875 Century Blvd, Ste 310 Atlanta, GA 30345 2. Nature and/or Description of the Action Being Approved. This is a limited source action to award a sole source follow-on task order for the Development of Phase IV and Future Early Restoration Plan(s), associated NEPA Analyses, and Support for Early Restoration Plan Public Meetings for the Deepwater Horizon Oil Spill Natural Resource Damage Assessment and Restoration. The Deepwater Horizon (MC252) NRDAR Case which began in April, 2010, is the largest and most complex oil spill in U.S. history. DOI, in its role as Trustee for natural resources under the Oil Pollution Act of 1990, is assessing the nature and extent of natural resource injuries resulting from this spill, as well as cooperating with other Trustees on early restoration planning and implementation. On April 20, 2011, BP agreed to provide up to $1 billion toward Early Restoration projects in the Gulf of Mexico to address injuries to natural resources caused by the Deepwater Horizon oil spill. This Early Restoration agreement, represents a preliminary step toward the restoration of injured natural resources. The Framework Agreement is intended to expedite the start of restoration in the Gulf in advance of the completion of the NRDAR process. Pursuant to their authorities and the terms of the Framework Agreement, the Trustees have developed and issued three plans for early restoration: Phase 1, Phase II and Phase III. The Trustees are now engaged in Phase IV planning and possibly a Phase V. As part of this planning, the federal Trustees are required, among other things, to comply with the National Environmental Policy Act (NEPA). In connection with the current Phase IV process and possibly a Phase V, this follow on procurement will provide a variety of 1 services that are critical to the successful development and support of the Early Restoration Plan(s). The Framework Agreement including the development of Early Restoration Phases I, II and III was awarded to Industrial Economics Incorporated under Blanket Purchase Agreement 982108A103 against GSA Schedule Contract GS-10F-02224J under Federal Supply Schedule SIN 899-1 Environmental Consulting Services. This sole-source follow-on action will result in awarding a Labor Hour Task Order for the estimated amount of $1,149,963.00 and; therefore, requires Competition Advocate concurrence in accordance with DIAPR 2008-10. 3.A Description of the Supplies or Services Required to Meet the Agencys Needs(including the estimated value). This work requires the support of federal and state natural resource trustees in preparing the Phase IV and future ERP(s), the support for public meetings to solicit comments on the Draft Phase IV and future ERP(s), and assistance in finalizing the Phase IV and future ERP(s). Throughout the work on this Contract, the Contractor will assist DOI in coordinating early restoration plan activities with the Trustees. DOI will administer this Contract. Services will be provided in accordance with the Natural Resource Damage Assessment and Restoration (NRDAR) regulations (43 CFR Part 11) promulgated by the Department of Interior. 4.The Authority and Supporting Rationale.Orders placed under GSA Federal Supply Schedules are exempt from the competition requirements in FAR Part 6. However, an ordering activity must justify its action when restricting consideration of GSA Federal Supply Schedule contractors to fewer than required in FAR 8.405-1 or 8.405-2. The applicable authority permitting to limit sources for this follow-on procurement is in accordance with FAR 8.405-6(a)(1)(i)(C). As cited in FAR 8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources 2 procedures. The Framework Agreement including the development of Early Restoration Phases I, II and III was awarded to Industrial Economics Inc. The original BPA Call was awarded under the authority FAR 8.405-3 Blanket Purchase Agreement (c) (1) Single award BPA to Industrial Economics Inc. It is in the best interest of the Government to establish this sole-source follow-on action with Industrial Economics Inc. The technical expertise, approach, capabilities and performance of the contractor are critical to the successful development and support of the Early Restoration Plan(s). 5.A Determination by the Ordering Activity Contracting Officer that the OrderRepresents the Best Value Consistent with 8.404(d). The amount for the full Period of Performance of the follow-on award is estimated to be $1,149,963.00. In accordance with FAR Subpart 8.404(d) GSA has already determined the price of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). The Firm-Fixed-Price/Labor-Hour for these deliverables will be provided under the GSA Schedule. At a minimum the price will be determined fair and reasonable via the use of price analysis based on the comparison to prior engagements of similar size and scope, and comparing the price to the Independent Government Cost Estimate (IGCE), which will be documented in the Award Summary in the file. Based on this price analysis, the anticipated price represents the Best Value to the Government. 6.A Description of the Market Research Conducted among Schedule Holders andthe Results or a Statement of the Reason Market Research was not Conducted. Market Research was not conducted because a new competition would be impracticable. This requirement is suited to a logical follow-on in accordance with FAR 8.405-6(a)(1)(i)(C) as awarding to another source would not be in the best interest of the Government. The development and knowledge of phase IV and future Early Restoration Plan(s) will build upon the development and support of phase I, II, and III already 3 completed. The Government has chosen to minimize its risk for the successful completion of the requirement by determining a logical follow-on to the original BPA Call/Task Order. 7.Any Other Facts Supporting the Justification. The Framework Agreement including the development of Early Restoration Phases I, II and III was awarded to Industrial Economics Inc. The technical expertise, approach, capabilities and performance of the contractor are critical to the successful development and support of the Early Restoration Plan(s). 8.A Statement of the Actions, if any, the Agency May Take to Remove orOvercome any Barriers that Led to the Restricted Consideration Before Any Subsequent Acquisition for the Supplies or Services is Made. None, such consistency is very important to NRDAR cases that are facing possible litigation. Justification prepared by: Cara Collins Administering Contracting Officer 3/23/2015 The Contracting Officer certifies that the justification is accurate and complete to the best of the Contracting Officers knowledge and belief. Steve Sponaugle Chief Div of Contracting and Grant Services 4 03/23/2015
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