Attachment_1__J_A.pdf

SOLE SOURCE JUSTIFICATION

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901

PR #

CONTROL #

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole Source Justification.”

Contracting Activity: This document is a justification for other than full and open competition for the Department of the Interior, Bureau of Indian Affairs, A12 Nothwest Regional Office, Fort Hall Irrigation Project.

2. Nature and/or description of the action being approved.

Requirement:

New Follow-on Requirement Modification to existing order

Pricing:

Firm-Fixed Price Time & Materials Other _____________

List the name of the proposed contractor, or identify the vendor(s) considered if applicable:

UPL NA, INC

630 Freedom Business Center, Suite 402 King of Prussia, PA 19406

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This requirement is for 250-gallon totes of Teton Aquatic Herbicide for the Fort Hall Irrigation Project. A total quantity of 13 totes are needed and are to be delivered with in 90 days of the award.

4. An Identification of the statutory authority permitting other than full and open competition.

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 contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

This requirement for Teton Aquatic Herbicide is needed to reduce the aquatic vegetation growth in the canals managed by the Fort Hall Irrigation Project. Currently, UPL Aquatics is the only known provider of this product in the 250-gallon Totes. The Fort Hall Irrigation Project provides irrigation water to over 73,500 acres of land and has approximately 300 miles of conveyance systems. The 250-gallon size totes are required due to the fact only one tote will fit on the vehicle used to deliver the product. Using smaller totes would require personnel applying the herbicide to make additional trips which would increase the time it takes for the application and increase cost in fuel and labor hours.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

In the past this requirement has been posted multiple times with different set-asides, which include ISBEE, IEE, Small Business, and open market, all which received no responses. A notice of intent to award a sole source purchase order will be posted publicly in the GPE in accordance with FAR 5.2.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on FAR 13.106-3(a)(ii), a comparison of the proposed price with prices found reasonable on previous purchases.

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.

A review of the previous actions taken on this requirement shows there is no evidence to support there are currently other sources available for this product.

9. Any other facts supporting the use of justification of other than full and open competition, such as: N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A.

11. A statement of any 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.

BIA Northwest Regional Contracting Office will continue to post RFI’s to obtain more information regarding vendors who may obtain the ability to distribute this product in the future. Until there is another source capable of providing this product in the required containers, this will continue to be a sole source action.

Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

X Program Office/COR

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer

13. Reviews and Approvals

Concur/Approve

Supervisory Contracting Officer

List the name of the proposed contractor, or identify the vendor(s) considered if applicable: