WBR-1406.303-1 JOTFOC-Signed.pdf

Solicitation: 140R4023Q0017 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)).

Contracting Activity: Bureau of Reclamation Upper Colorado Basin Region Salt Lake City, UT

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

This is a Firm-Fixed Price (FFP) requirement. The requirement is to provide Solid Waste pick-up and disposal services to the Four Corners Construction Office (FCCO) YaTaHey Trailer.

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

The Bureau of Reclamation is seeking Solid Waste pick-up and disposal services for the FCCO YaTaHey trailer for one (1) base year and two (2) option years.

Estimated Total Cost:

Period of Performance: one (1) base year and two (2) option years

FOB: Destination

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

Solicitation: 140R4023Q0017 Page 2 of 3

WBR 1406.303-1 Template 1 eFile - B02

(04/2021)

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

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

This is a requirement for a Single Source Justification. Reclamation requires solid waste pick-up and disposal services from the YaTaHey trailer located at RA36, YaTaHey Loop, YaTaHey New Mexico. No other sources can provide services as this facility is outside the service area of Gallup New Mexico. No other businesses currently can provide for these solid waste services at this location.

Navajo Sanitation Inc. is the only contractor that has been able to satisfy this need in the past and there are no other contractors capable of providing this service in the local area.

It is beneficial to the Government to continue receiving these services as nonperformance would be detrimental to the employee’s that occupy the FCCO YaTaHey trailer. Navajo Sanitation Inc. is the only organization uniquely qualified to provide the required services for solid waste, recycling collection and disposal services to ensure that there is no interruption in services.

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

Market research has been conducted to verify if any other company could provide the requested services to the location specified. There are no other qualified companies that can provide the required services for solid waste, recycling collection and disposal services. A notice of Intent to Sole Source was posted on 14 December 2022. The posting closed on 30 December 2022 without any responses.

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

The anticipated cost will be considered fair and reasonable in comparison with previous costs from historical contracts and costs/prices for similar services.

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

The Bureau of Reclamation team conducted market research through their subject matter experts to find qualified companies. The team also reached out to the local city that provides these utility services and discovered that the city of Gallup New Mexico could not service the required location. An intent to sole source to Navajo Sanitation Inc. was published to Sam.gov on December 2022 to verify if any other qualified source could provide the required services and received no responses. Analysis indicated that no other