140R6024Q0099_Under_SAT_Sole_Source_Determination_1.pdf

RFQ No. 140R6024Q0099 Page 1 of 2

WBR 1413.106-1 Template 1 eFile - B02

(11/2020)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity: Department of the Interior, Bureau of Reclamation, Missouri Basin Regional Office, Acquisition and Financial Assistance Services (MB-5000)

2. Name and Address of Single Source: Blackfeet Tribe of the Blackfeet Indian Reservation, 640 All Chiefs Road, Browning, MT 59417

3. Description of Supplies/Services and Estimated Cost: The Bureau of Reclamation’s

Missouri Basin Regional Office intends to award a purchase order to the Blackfeet Tribe of the Blackfeet Indian Reservation to perform Environmental Monitoring as required by the Blackfeet Constitution and By-laws for the construction of St. Mary Siphon Replacement Project. Under the resultant purchase order, the Blackfeet Tribe will analyze the environmental impacts submitted by Bureau of Reclamation of the siphon construction to the nearby aquatic lands and document those impacts with a recommendation in an Ordinance No. 117 permit. The estimated value of this permit is $20,000.00.

The Aquatic Lands Protection Ordinance No. 117 was created to protect water quality and wetlands on the Blackfeet Indian Reservation for present and future generations. The Blackfeet Environmental Office issues permits to persons wishing to conduct work in all water bodies, aquatic and riparian lands, and wetlands on the Blackfeet Reservation.

4. Description of Circumstances, including why only one source is reasonably available:

IAW FAR 13.106-1(b)(1)(ii), specific characteristics of the Blackfeet Ordinance No. 117 Permit that limit the availability to a sole source is that this permit is specific to and required by the Blackfeet Tribe of the Blackfeet Indian Reservation for entities that perform work on and around the waterways located on the Blackfeet Indian Reservation. As such, the Blackfeet Tribe is the only viable and allowable source that can provide the environmental assessment and Ordinance No. 117 permit.

5. Determination of Fair and Reasonable Price: Under the Blackfeet Constitution and By-laws, this permit is required for working on the Blackfeet Reservation. According to the fee schedule, this permit is a Class 2 permit, where the fee is 1% of the contract amount not to exceed $20,000.00. The estimated value of the St. Mary Siphon Replacement Project is approximately $50M. Therefore, the quote will be reviewed to ensure the permit fee does not

RFQ No. 140R6024Q0099 Page 2 of 2

WBR 1413.106-1 Template 1 eFile - B02

(11/2020) exceed the Blackfeet Constitution stated maximum fee of $20,000.00 (See Attachment 1, Blackfeet Tribe Ordinance 117 Fee Schedule).

6. Description of Market Research: The Contracting Officer searched SAM.gov and FPDS-

NG on 7/25/2024, to determine the recent acquisition history of permits obtained through the Blackfeet Tribe, which only resulted in Purchase Order No. 140R6020P0053 and 140R6024P0071. The FPDS-NG reports of these acquisitions showed that they were issued as a sole source. The SAM.gov posting for the prior requirements provided a public notice the previous acquisitions were awarded as sole source under FAR 13.106-1(b)(1), Soliciting from a Single Source – Only one responsible source (except brand name).

Next, the Contracting Officer posted a special notice to SAM.gov on 7/25/2024, to notify the public of the Government’s intent to issue RFQ 140R6024Q0099 as a sole source to the Blackfeet Tribe pursuant to FAR 13.106-1(b)(1) – Soliciting from a Single Source. As of the closing date of 8/1/2024, no responses were received from other potential vendors.

Finally, The Contracting Officer researched the Ordinance No. 117 under the Blackfeet Environmental Office’s website. This website contained background, resolution, and fee schedule (Attachment 1) of the Ordinance No. 117 program for applicants.

Since this environmental assessment and Ordinance No. 117 permit are specific to and required by the Blackfeet Tribe of the Blackfeet Indian Reservation, this entity is the only viable and allowable source that can provide the environmental assessment and Ordinance No. 117 permit.

SIGNATURES

PREPARED BY / CONTRACTING OFFICER (CO) (FAR 13.106-1(b)):(All Values)

Name: Charlene Maurer

Attachment:

1. Blackfeet Tribe Ordinance 117 Fee Schedule, ECS 31832, B01

X http://www.blackfeetenvironmental.com/ordinance117/ordinance117_forms.html