140R3022Q0043_WBR-1406_303-1_JOTFOC_FAR--6_signed_1.pdf

Solicitation Number: 140R3022Q0043 Page 1 of 5

WBR 1406.303-1 Template 1 (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)). U.S. Department of the Interior, Bureau of Reclamation, Interior 8, Lower Colorado Basin, Acquisition & Assistant Management Office.

1. Nature/Description of Action (FAR 6.303-2(b)(2)). The Bureau of Reclamation, Lower Colorado Basin, proposes to enter into a sole source contract with Pipestone Equipment, LLC for the purchase of additional Charlatte surge tanks for the expansion of the 242 well field.

This will be a firm-fixed price contract with appropriated, FY2023 funds.

This justification is for both brand name and sole source.

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

The Bureau of Reclamation, Yuma Area Office currently operates several drainage well systems in the Yuma area. Three new wells are to be added to the 242 well field to expand capacity by 25,000 AFY. The purchase of three new surge protection pressure vessel tanks and appurtenances will provide the necessary surge protection during operations.

Delivery is anticipated to take 26 to 32 weeks from date of award and the estimated value is $593,250.00

3. 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

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☐ 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

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

Charlatte is the brand of tank previously used for the drainage well system upgrade. The tank brand must be consistent in order to operate properly and communicate with the rest of the existing system. A unique design and construction are required to achieve the specifications for the tank and Charlatte America is the only supplier of dipping tube air chamber tanks. Pipestone Equipment LLC is the only approved vendor for Charlatte tanks that services the Yuma Area.

5. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)).

An intent to sole source notice was posted at the sam.gov website on May 6, 2022, with a closing date of May 20, 2022. No sources responded.

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

The anticipated cost will be considered fair and reasonable based on price analysis techniques at FAR 13.106-3(a)(2)(ii) comparison of the proposed price with prices found reasonable on previous purchases and (vi), comparison to an Independent Government estimate.

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

Prior awards were issued as both full and open competition and sole source, however the only offer submitted and determined acceptable, was from Pipestone Equipment. Per Charlatte America, the only vendor authorized to sell their products in the state of Arizona is Pipestone Equipment.

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

The Yuma Area Office has been procuring these tanks for the 242 well expansion project for over 10 years and have invested of over $5 million into the purchase of the tanks and associated parts.

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

No sources expressed interest in writing, however Pipestone Equipment is aware of the requirement and is interested.

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

Currently there is no action that can be taken to remove barriers to competition.

SIGNATURES

PREPARED BY:

Name: Diane Rodriguez

Date:

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

Name: Maribel Ruble

CHIEF of the CONTRACTING OFFICE (CCO) (DOI-AAAP-0024): (> $250K)

Name: Meagan R. Fyffe

BUREAU COMPETITION ADVOCATE (FAR 6.304(a)(2) or FAR 13.501(a)(2)(ii)):

(>$750K)

Name:

X

X

X

X

N/A

DIANE

RODRIGUEZ

Digitally signed by DIANE

RODRIGUEZ

Date: 2022.05.23 10:58:35 -07'00'

MARIBEL

RUBLE

Digitally signed by

MARIBEL RUBLE

Date: 2022.05.23 13:51:56 -07'00'

Digitally signed by

MEAGAN FYFFE

Date: 2022.05.24 15:25:37 -07'00'

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HEAD of the CONTRACTING ACTIVITY (HCA) (FAR 6.304(a)(3) or FAR 13.501(a)(2)(iii)): (>$15M OR > $250K AND the CO is the CCO) – Also required for the award of any non-competitive enterprise contract, a contract vehicle where orders or calls can be placed by or on behalf of multiple DOI bureaus, or which will be a mandatory source for

DOI.

X N/A

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SENIOR PROCUREMENT EXECUTIVE (SPE) (FAR 6.304(a)(4) or FAR 13.501(a)(2)(iv)): (>$75M) – IAW DOI-AAAP-0024, SPE signature is also required for the award of any non-competitive enterprise contract – regardless of value – where orders or calls can be placed by or on behalf of multiple DOI bureaus, or which is a mandatory source for DOI or single-award indefinite delivery vehicle.

Date: X