JOTFOC_Signed_1.pdf

Award Number: 140R2024C0016 Page 1 of 3

WBR 1406.303-1 Template 1 eFile - B02

(04/2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the

Simplified Acquisition Threshold (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)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)). The Department of Interior

(DOI), Bureau of Reclamation (BOR), Interior Region 10, California – Great Basin

(CGB), Construction Acquisitions Office located in Sacramento, California.

2. Nature/Description of Action (FAR 6.303-2(b)(2)). In 2023, Pump 3 was removed for repairs. As the in-house crafts were installing the discharge and suction pipeline blind flange, which included cleaning the flange surfaces with a flapper wheel grinder, it was noted that the interior coating system likely contained a lead-based primer. The interior coating system is delaminated and coming out of the pipelines, creating small amounts of debris on the floor that could contain lead and become airborne if stepped on by employees or blown around by adjacent motors. The work was stopped, and the immediate area taped off to keep employees out of the immediate area.

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

A. Test for lead and asbestos contaminated surfaces and equipment in the pumping plant to determine extent of cleanup efforts.

B. Cover the open Pump 3 suction pipeline with plastic to keep loose paint material inside until the lead paint can be abated and blind flange or pump installed.

C. Conduct an employee exposure assessment per Occupational Safety and Health

Administration (OSHA) and Reclamation Safety and Health Standards (RSHS) during cleanup efforts to determine actual employee exposure. Report the exposure levels with each task to BOR for future cleanup tasks if needed.

D. Properly cleanup, remove, and dispose of loose debris and dust around the immediate

Pump 3 area and any area in the facility that may be contaminated with lead dust.

E. Test to verify formerly contaminated surfaces are “as free as practicable” (per OSHA standard) from loose (friable) and accumulated lead and/or asbestos which, if dispersed, would result in airborne concentrations above the permissible exposure limit.

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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 at or below

$7.5M)

☐ 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)).

The Government requires the testing and cleanup of the Folsom pumping station. The lead level at the pumping station is a safety and health concern. OSHA is monitoring the situation which needs to be corrected ASAP. Work needs to continue in the pumping station. Therefore, cleaning and testing is needed quickly to create and confirm a healthy and safe work environment for BOR workers. Therefore, the period of performance for this work is set at 21 days. This work must be completed by a company that is experienced and knowledgeable in proper cleaning of lead and possible asbestos. They must be knowledgeable of OSHA standards and for cleaning and disposal of those hazardous materials. For these reasons this acquisition is being solicited pursuant to FAR

6.302-2.

JM Environmental, Inc. is a registered contractor licensed by the state of California and the state of Nevada to perform hazardous materials abatement and demolition. JM

Environmental, Inc., is a DOT Licensed Hazardous Waste Transporter. They meet the strict compliance requirements of OSHA, DTSC, EPA, and Air Quality Regulatory

Agencies. In addition, JM Environmental has experience completing work for

Government agencies including work at Folsom Dam.

6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)). This acquisition is of an urgent and compelling nature due to the safety and health implications for BOR workers.

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Additionally, completing necessary work is not possible in the facility for those same safety and health reasons. The contractor that was chosen is capable, knowledgeable, and able to complete the work within the necessary time period.

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

Officer will determine the contractor’s price is fair and reasonable based on the proposal analysis techniques listed in FAR 15.404-1.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)). The project manager conducted initial market research to find a capable contractor that was registered in sam.gov.

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

10. Listing of Interested Sources (FAR 6.303-2(b)(10)). JM Environmental, Inc. is registered in sam.gov as a small business for the NAICS, capable of performing the work needed, local business, and available on short notice to complete the cleanup in a timely manner.

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)). N/A - Due to urgent and compelling need for safety and health reasons.

SIGNATURES

REQUESTING OFFICE REPRESENTATIVE CERTIFICATION:

PREPARED BY:

Name:

Date:

CONTRACTING OFFICER (CO) (FAR 6.304(a)(1) or FAR 13.501(a)(2)(i)): (All Values)

Name:

Date:

X

X