SPECIAL NOTICE
99 -- Justifcation and Approval
- Notice Date
- 7/25/2017
- Notice Type
- Special Notice
- Contracting Office
- Interior Business Center, AQDDivision 4/ Branch 1300 East Mallard DriveSuite 200BoiseID83706
- ZIP Code
- 83706
- Solicitation Number
- D14PS00013
- Small Business Set-Aside
- N/A
- Description
- As required by FAR 5.201 (b)(1)(ii) a special notice of the Governments intention to increase the combined contract ceiling. SOLE SOURCE JUSTIFICATION SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901 Contract Numbers D14PC00045, D14PC00046, D14PC00047, D14PC00048, D14PC00049, D14PC00075, D14PC00076, D14PC00077, D14PC00078, D14PC00080, D14PC00081, D14PC00082, D14PC00085, D14PC00086, D14PC00087, D14PC00088, D14PC00089, D14PC00090, D14PC00091, D14PC00093, D14PC00094, D14PC00130 1. Identification of the agency and the contracting activity, and specific identification of the document as a Sole Source Justification. This document is a justification for the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD), Division IV, Branch III, Boise, ID in support of the Bureau of Land Management (BLM), On-Call Air Attack program in the contiguous United States. 2. Nature and/or description of the action being approved. This class justification is for approval to modify the below multiple award, indefinite delivery, indefinite quantity (IDIQ) contracts to increase the total ceiling amount: D14PC00045 Airborne Flying Service D14PC00046 Akroyds Survey & Aerial Photography D14PC00047 American East Airways dba/Houston Air D14PC00048 Avcenter, Inc. D14PC00049 Bemidji Aviation Services, Inc. D14PC00130 Brown Western Aviation, LLC D14PC00075 Dynamic Aviation Group, Inc. D14PC00076 Eagle Aviation, Inc. D14PC00077 El Aero Services, Inc. D14PC00078 Elkhorn Aviation, Inc. dba Bake Aviation D14PC00080 Flying A Flight Service, Inc. D14PC00081 Gold Aero, Inc. D14PC00082 Kentucky Airmotive, Inc. D14PC00085 Mission Mountain Flying Services, LLC D14PC00086 Mountain Air, LLC D14PC00087 Mountain Aviation Enterprises, LTD D14PC00088 Northern Skies Aviation, Inc. D14PC00089 Orion Aviation, Inc. D14PC00090 Piedmont Air Services, LLC D14PC00091 Ponderosa Aviation, Inc. D14PC00093 Spur Aviation Services, LLC D14PC00094 Taylor Aviation, Inc. Page 2 of 5 D15PC00121 J&A 3. A description of supplies or services required to meet the agencys needs. These contracts provide on-call commercial aviation fixed wing flight services that are fully contractor-operated and maintained to support BLM fire suppression operations in the Lower 48 contiguous states. Government personnel utilize these aircraft services for air tactical operations, aerial fire reconnaissance/detection, law enforcement surveillance, and other administrative and related resource activities. These contracts were awarded in March 2014 with a shared ceiling value of $XX. BLM is in the middle of an active fire season and will exceed the remaining balance prior to the end of the flying season. Therefore, the purpose of this action is to increase the shared ceiling to $XX. This will provide sufficient capacity for usage through the remaining period of performance while the follow on effort is recompeted. 4. An identification of the statutory authority permitting sole source acquisition. This is an acquisition conducted under the authority of the Simplified Procedures for Certain Commercial Items. The statutory authority permitting sole source acquisition is 41U.S.C. 1901 as implemented by FAR 13.501(a)(1)(ii). 5. A demonstration that the proposed contractors unique qualifications or the nature of the acquisition requires use of the authority cited. Managing natural resources and providing fire protection for vast areas of land is very unpredictable. To meet this challenge, the DOI requires an inventory of pre-approved and inspected air attack aircraft that are located throughout the lower 48 states that are capable of responding on short notice. Air attack aircraft are responsible for the coordination of air and ground resources to safely and effectively combat wildfires. The existing twenty two contracts represent seventy two aircraft for air attack for the entire lower 48 states. The only other approved air attack resources are either assigned to a designated base as an exclusive use aircraft or under contract to the United States Forest Service. These resources are not capable of taking on the additional DOI requirements. If the combined ceiling for the on-call air attack contracts is not increased and the program is required to shut down the BLM would not be able to replace the flight services these aircraft provide. Not having these resources in place to perform air attack operations throughout the current fire season would lead to an increased risk of property damage and possible human injury for all of the lower 48 states. It is in the best interest of the Government to increase the combined ceiling value of the contracts by $XX from $XX to $XX so this seasons fire season can be successfully completed. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. As required by FAR 5.201 (b)(1)(ii) & FAR 13.501(a)(iii) a special notice of the Governments intention to increase the ceiling will be publicized to the Government Point of Entry (GPE). This allowed potential sources the opportunity to respond to the special notice. Page 3 of 5 D15PC00121 J&A 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. There is no change in the pricing established in the contracts. Given this, and the fact that the pricing was determined fair and reasonable at the time of award per FAR 13.106-3(a)(1) competitive offers, as well as a re-determination of price reasonableness at the time of option exercise, it is determined the current pricing is fair and reasonable. 8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. The contracting officer is actively involved with fixed wing aircraft services and knows that established contract pricing is still considered fair and reasonable based on recent awards for exclusive use air attack flight services. In addition, current aircraft and pilots have been inspected and are able to perform immediately. The Government began working on this requirement in May 2017, so it can be awarded before next fire season. 9. Any other facts supporting the use of other than full and open competition, such as: None. 10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. Not applicable. 11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. No barriers to competition exist.
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