Inactive

SUBJECT: Non-Competitive Action under FAR Part 13, Simplified Acquisition Procedures, Brevard County Mid-Reach Shore Protection Project year two of three years of post construction Endangered & Threat... SUBJECT: Non-Competitive Action under FAR Part 13, Simplified Acquisition Procedures, Brevard County Mid-Reach Shore Protection Project year two of three years of post construction Endangered & Threatened Sea Turtle Surveys 1. Authority: FAR 13.106-1(b)(1). Pursuant to FAR 13.104, the Contracting Officer must promote competition to the maximum extent practicable from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase. However, in accordance with FAR 13.106-1 (b)(1), the contracting officer may solicit from one source if the determination is made that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization) for purchases not exceeding the Simplified Acquisition Threshold (SAT). This memorandum addresses the Contracting Officer’s determination to award a procurement action on a non-competitive basis utilizing FAR Subpart 13, Simplified Acquisition Procedures (SAP). 2. Description of Services & Background This acquisition is for a non-personal services contract preconstruction surveys for Threatened and Endangered (T&E) sea turtle species in the footprint of the Brevard County Mid-Reach Shore Protection Project. These services are required due to storm damage causing erosion to the subject Federal beach project area. Federal funding was provided and the beach renourishment project was completed in May 2020. The 2015 Federal Statewide Programmatic Biological Opinion from the U.S. Fish and Wildlife Service (USFWS) and the Florida Department of Environmental Protection (FDEP) Joint Coastal Permit both require post construction surveys. The continued period of performance contemplated for these services is anticipated to be from March 1, 2021 through February 28, 2022, and will be procured utilizing Civil Works funds. Turtle monitoring includes performance of daily visual inspections of the beach at sunrise by an individual, organization, or firm permitted by the Florida Fish and Wildlife Conservation Commission (FWC). Services identical to these were previously acquired under Contract No. W912EP20P0007 in the amount of $109,895 in 2020 with the University of Central Florida for the Brevard County Mid-Reach project. The order was awarded in compliance with FAR 13.106-1 (b)(1). The aforementioned services will be solicited to only one source, the University of Central Florida as this organization is the sole permit holder for turtle monitoring for the Brevard County Mid-Reach Shore Protection Project estimated to be approximately $123,070 and therefore is within the SAT. 3. Considerations & Solicitation In accordance with FAR 13.106-1(a) and 13.104 the Contracting officer considered the following when selecting the University of Central Florida for award. A sea turtle monitor is required and must be permitted by the state. Under Florida Statute 379.2431 (1) and Florida Administrative Code Rule 68E-1, the FWC can only issue a permit for sea turtle conservation work if there is a need for that activity. On beaches where FWC has already issued a permit to an individual, organization, or firm to conduct nesting surveys, the FWC does not issue a second permit unless additional activities not being conducted by the existing permit exist. Additonally, within Florida Administrative Code Rule 68E-1, the FWC lists a timeframe of 90 days for approval or denial of permit requests. As the services are required to begin during the month of March 2021, and as no other entities have requested and/or been granted such a permit, the Contracting Officer has determined that competing this requirement is not advantageous to the Government. The Contracting Officer will solicit the University of Central Florida. The proposed items/services will be evaluated by the government on the basis established in the solicitation and found to be acceptable. The proposed price will be reviewed to determine reasonableness as compared to the Independent Government Estimate (IGE) and/or comparable market prices or historical data.