A16_-_JOFOC_(Over_SAT)_-_HCA_Signed_1.pdf

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WA-LEAVENWORTH NFH-PIPELINE REPAIR
Solicitation number
140FC326R0011
Issued by

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This is a Justification and Approval for Other Than Full and Open Competition (JOFOC) form for a sole source contract action over the Simplified Acquisition Threshold filed by the U.S. Fish and Wildlife Service, Joint Administrative Operations, Branch of Construction/A&E Operations.

The procurement involves a firm fixed price emergency contract with an estimated total cost of $3,300,000 to address a failed surface water pipeline at Leavenworth National Fish Hatchery (NFH). The contract encompasses three task elements: (1) site investigation and determination of underground pipe failure extent, (2) construction services to repair and rehabilitate the pipeline, and (3) provision of temporary water supply to the fish hatchery due to the failed surface water pipeline. A leak was detected on 05/06/2026 in the main hatchery surface water pipeline that runs through an adjacent private landowner's easement. The urgency is driven by the facility's need to support the annual release of approximately 1.2 million spring Chinook salmon and 500,000 Coho salmon into Icicle Creek. The contract must be completed by 09/30/2026 to mitigate significant adverse impacts to the Leavenworth NFH production mission and federal Tribal Trust responsibilities. The sole source contractor is Pipkin Construction, a small business based in Wenatchee, Washington, specializing in civil construction including excavation, pipe installation/repair, and site development with prior experience at Leavenworth NFH. The statutory authority for sole source procurement is 41 U.S.C. 3304(a)(2) under FAR 6.302-2 for unusual and compelling urgency. The contracting officer certified that only one source is reasonably available, and the procurement received approvals from the Chief of Contracting Office, Head of Contracting Activity, and other required officials as of June 15, 2026.

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Text version

FWS Form 3-0051 (Rev. 2/27/2025) U.S. Fish and Wildlife Service

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC) - OVER SAT

JOINT ADMINISTRATIVE OPERATIONS

Acquisitions Operations

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority identified in section 4 of this document. This template is required for actions over the Simplified Acquisition Threshold (SAT) (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

Instructions: The information in the text boxes are provided as sample language or to indicate a needed fill-in. Sample language should be removed from the final document. All text boxes require information and shall not be left blank.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)(4)).

(check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above SAT but below $7M)

41 U.S.C. 1903 FAR 13.501 Special emergency procurement 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

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute

41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

6. Description of Efforts Made to Maximize Competition (FAR 6.303-2(b)(6)).

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Program / Project Officer

13. Contracting Officer Certification and Approval: (All Values) FAR 6.304(a)(1)

Based on the above justification, I hereby certify that the circumstances of this contract action deem only one source reasonably available and approve the use of sole source acquisition procedures for this purchase.

Contracting Officer

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

12. Technical/Requirements Certification: FAR 6.303-2(c)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

14. Approval by Chief of Contracting Office (>SAT)

Based on the foregoing justification I hereby approve this procurement.

Chief of Contracting Office

15. Approval by Senior Chief of Contracting Office (>$750K)

Based on the foregoing justification I hereby approve this procurement.

Senior Chief of Contracting Office

16. Approval by Head of Contracting Activity (>$750K) FAR 6.304(a)(2)

Based on the foregoing justification I hereby approve this procurement.

17. Approval by Senior Procurement Executive (>$75M) FAR 6.304(a)(4)

Based on the foregoing justification I hereby approve this procurement.

Senior Procurement Executive

Head of Contracting Activity

2026-06-15T12:07:06-0700
BRADLEY SENATRA
2026-06-15T13:20:35-0600
SHANNON BARNHILL
2026-06-16T12:11:24-0500
STEPHEN CLABOUGH
Check Box1: Off
Check Box2: Off
Check Box3: Off
Check Box4: Off
Check Box5: Yes
Check Box6: Off
Check Box7: Off
Check Box8: Off
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Check Box10: Off
Text3: An emergency contract is required to conduct repairs to the main hatchery surface water pipeline. A leak was detected on 05/06/2026 within a USFWS easement for the pipeline which runs through an adjacent private landowner. The active leak does not provide the hatchery will a reliable surface water source for their operations. Emergency action is needed to investigate the location, nature of the leak and associated repairs. If the nature of the repairs requires the pipeline to be shutdown a surface water bypass system will be installed.
Text4: Pipkin Construction is a local contractor based in Wenatchee, Washington. Contract specializes in civil construction to include excavation, pipe installation/repair and site development. Pipkin Construction has also successfully completed other work at Leavenworth NFH.

Contractor has been confirmed as a small business using NAICS 221310 - Water Supply and Irrigation Systems & NAICS 237990 - Other Heavy and Civil Engineering Construction.

Text5: Although the requirement qualifies as an urgent and compelling need due to the failure of the sole surface water supply pipeline supporting the annual release of approximately 1.2 million spring Chinook salmon and 500,000 Coho salmon into Icicle Creek, steps were taken to remove barriers to competition to the maximum extent practicable under the circumstances. The project team evaluated whether the procurement could be structured in a manner that would allow for competitive procedures; however, the accelerated schedule—driven by the necessity to complete repair and rehabilitation of the main surface water pipeline by 09/30/2026 to avoid severe adverse impacts to the Leavenworth NFH production mission and federal Tribal Trust responsibilities
Text6: Cost will be negotiated with the contractor due to the nature of the emergency construction. Submitted proposals will be reviewed by IMD using MS Means and cost comparison of similar pipeline repair work completed within the Region at FAC facilitates.
Text7: Pipkin Construction was contacted on 05/06/2026 to verify they were available and had the capacity to complete the contract work for the site investigation, temporary bypass water supply to the hatchery, and needed repair/rehab to the failed main hatchery surface water pipeline
Text8: The requirement is an emergency repair to the pipeline which is the sole surface water source to the 1.2 million spring Chinook salmon and 500,000 Coho salmon project annually released into Icicle Creek. The repair/rehab of the failed main surface water pipeline must be completed by 09/30/2026 to mitigate significant adverse impacts to the Leavenworth NFH production project and Tribal Trust responsibilities. This accelerated schedule requirement prevents a typical solicitation to award process for this level of project complexity and funding level.
Text9: Bureau of Reclamation (BOR) Force Account teams are capable of completing the investigation work. However, the actual pipeline repairs and installation of a temporary NOAA-complaint water delivery system would not meet the requirements of being a capable source.
Text10: In addition, the program coordinated closely with contracting, technical staff, and regional leadership to ensure that only the minimum essential scope, schedule, and funding elements necessary to meet urgent mission needs were included. This ensured that no unnecessary requirements or restrictive specifications were imposed that could otherwise have impeded competition.

Given the emergency nature of the failure, the fish production risks, and the limited pool of qualified contractors capable of performing this work within the required time frame, the Government determined that full and open competition was not feasible. Nonetheless, all reasonable steps were taken to minimize barriers to competition to the extent consistent with the urgent agency need.

Text2: Approval is being requested for a new firm fixed price contract to be delivered under three task/key elements: Task 1 - Site investigation/determination & extent of underground pipe failure; Task 2 - Construction services to repair/rehab pipeline; Task 3 - Provide temporary water supply to fish hatchery due to failed surface water pipeline.

Estimated cost for all Tasks is $3,300,000.

Text1: U.S. Department of the Interior (U.S. Fish and Wildlife Service & Bureau of Reclamation), Joint Administrative Operations, Branch of Construction/A&E Operations.)
Signature5:
2026-06-16T09:40:35-0800
ALISSA VARRATI

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