140R4022C0008_-_JOTFOC_1.pdf

Solicitation Number: 140R4022Q0029 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, Upper Colorado Basin

2. Nature/Description of Action (FAR 6.303-2(b)(2)). The Albuquerque Area Office needs inspection services for Aquatic Invasive/Nuisance Species (AIS/NIS). The current AIS contract ends on 3/28/2022. The Government intends to award a 6-month bridge contract (with a 6-month option) to avoid a lapse in services which would put both the Navajo and Elephant Butte Reservoir at risk of invasive species and potentially cause significant damage to the water infrastructure and environment as well as reduce recreational use of the reservoirs by the general public. See section 10 below for more details on the potential risks the bureau faces without ensuring continuity of AIS inspection services.

Because of the urgency of the requirement, the Government intends to award a sole-source contract to the current contractor under the authority of FAR 6.302-2 Unusual and Compelling Urgency. The contract will be a Firm Fixed Price using Fiscal Year 22 Procurement Funds.

The current contract, #R16PC00054 Aquatic Invasive Species Prevention Services for Elephant Butte Lake and Navajo Reservoir, New Mexico was awarded in May 2016. The solicitation for the current contract was a commercial service that was set-aside for small businesses and received 3 offers, of which only one vendor was considered acceptable for award. It was awarded to Pyramid Enterprises dba Rocky Mountain Recreation (RMR) as a base-plus 4 option year contract with a period of performance from 5/13/2016 through 5/12/2021, inclusive of options.

The Government began the process of planning for a follow-on contract in late 2020 through early 2021. Market research, using a sources sought and Dynamic Small Business Search, found that there was not adequate small businesses capable of performing the work, that would fulfill competition requirements. The Government requested to release the solicitation as full and open competition but ran into coordination issues with other Government agencies. Reclamation then released the solicitation for the requirement as a small business set-aside with an expectation of awarding to multiple contractors in July 2021. Unfortunately, only one proposal was received, and that offeror was unable to meet requirements. Therefore, it was determined that there was not adequate competition to fulfill the requirement of the small business set-aside procurement and no award was able to be made.

Solicitation Number: 140R4022Q0029 Page 3 of 5

WBR 1406.303-1 Template 1 (04/2021)

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)). It is anticipated that a bridge contract will be awarded to Advenco LLC (Advenco). Advenco is the current contractor for the ongoing AIS requirement, and as such, have the staff, training and certifications, and ability to perform the required vital and critical services.

Advenco is the only feasible source that can perform the work in the required time frame until Reclamation is able to compete and award an Indefinite Delivery Indefinite Quantity (IDIQ) contract for the required services in or after September 2022. Because of the specialized services, there is a shortage of capable vendors, and due to the urgency of the requirement, competition is not feasible.

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

Reclamation has performed market research on the follow-on contract. One important fact that should be noted is that in May 2021, the incumbent small business contractor was acquired by Nolan Capital, Inc., and now RMR is dba Advenco, LLC. As a result of this corporate acquisition, Advenco, LLC no longer meets the requirement’s NAICS code a small business. A sources-sought synopsis for small businesses was sent out in April of 2021 to which four vendors responded, none of which were the incumbent. Of the four vendors, only one was considered qualified (Mussel Dogs). Additionally, a Dynamic Small Business Search has been performed by the current CO and found no additional small businesses capable of performing the work. In order to maximize competition, the follow-on contract is anticipated to be full and open competition.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)). Upon receipt of a price proposal from Advenco, LLC, a price analysis will be conducted in accordance with FAR price analysis techniques at FAR 13.106-3(a)(2)(i) to (vii) to ensure fair and reasonable pricing.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)). Reclamation performed market research for the follow-on contract which resulted in an initial follow-on contract being solicited as a small business set-aside in July 2021. Unfortunately, only one proposal was received. As such, the CO determined that there wasn’t adequate competition among small businesses to fulfill the requirement. In addition, the current contractor/incumbent is no longer meets the small business size standard for the