50-M0136-25-CP041_Sole Source.pdf.PDF

Sole Source Form

Village of ChamaName of Agency:I.

Krystal A GarciaAgency Chief Procurement Officer:

Process ApplicationsII.

$66,700 if

I :

Term of prospective contract: 6 Months Note: For terms longer than one year, Request for Policy Exemption from DFA MUST be included.

Telephone Number:

Agency Contact for this request:

Telephone Number Email Address

Name of prospective Contractor:

SHARE Vendor Number (must be active):

Address of prospective Contractor:

Contact Name, Telephone Number Email Address:

The scope of services is to complete a comprehensive performance evaluation (CPE). It will consist of an assessment of the Village of Chama surface water treatment plant includes evaluation ofmajor processes such as filtration and disinfection and identification and prioritization of factors that negatively impact performance of the plant as required

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

Jennifer Bunton, 970-447-2988 ibunton@waterDai. com

2627 Redwing Road, Suite 340 Fort Collins, CO 80526

575-756-2184 Krystal A Garcia 575-756-2184 krystalg@villagofchama.org

Amount of prospective contract before tax:

Estimated tax amount (tax is subject to change):

IRHh

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge, and subsequently approved in writing by the State Purchasing Agent or, for Professional Services Agreements, the Secretary of the General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor.

III. Agency is required to state purpose/need of purchase and thoroughly list the services (scope of work), construction or items of tangible personal property of the prospective contract (if this is an amendment request to an existing contract, include current contract number issued by SPD):

mailto:krystalg@villagofchama.org

V.

VII. Explain why other similar professional services, services, construction or item(s) of

Comprehensive Performance Evaluations (CPE) are a specialized professional service that requires technical and operational assessments as outlined by federal and state regulatory policies. This CPE will be based on the New Mexico Environment Department Drinking Water Bureau Administrative Order No. 2024~ACO~04. The vendor was solicited based on knowledge, experience and ability to comply with the requirements defined in the Administrative Order.

The vendor was established in 1982. Their services include program facilitation, comprehensive performance evaluations, performance based training, comprehensive technical training, ozone system services and a wide variety of training related to water treatment. Since 2017 they have completed seven Drinking Water Comprehensive Performance Evaluations and one Wastewater Comprehensive Performance Evaluation.

The vendor is experienced in water assessments, evaluations of major water processes, identifying and prioritizing performance limitations specific to Comprehensive Performance Evaluations.

Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes the prospective contractor the one source capable of providing the required professional service, service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

The criteria developed for this requires a provider that can assess and complete a comprehensive performance evaluation as defined by the New Mexico Environment Department Drinking Water Bureau Administrative Order. Due to the specific requirements of the plan, there are not many available vendors who provide such service.

The Village of Chama reached out to other vendors however others would not enter into contracts directly with municipalities or water systems to avoid any conflict of interest.

Sole Source Form by the New Mexico Environment Department -Drinking Water Bureau Administrative Compliance Order and Assessment of Civil Penalty, No. 2024-ACO-04 Chama Water System, PWS# NM3501021.

IV. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

VI. Provide a detailed, sufficient explanation of how the professional service, service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

: i :

Sole Source Form tangible personal property cannot meet the intended purpose of the contract.

On 9/17/24 an email was sent to Process Applications and on 10/4/24 a response from Ms.

Bunton was received with a scope of work and cost estimate.

Based on the recommendation from Eastern Environmental Group, website research of their work and history, lack of available vendors who provide this type of service the Village of Chama has determined that due diligence has been met.

On 9/13/24 Ms. Cherry of Eastern Environmental Group was contacted via email to solicit a request for services. Ms. Cherry responded back on 9/16/24 stating that “ERG (my employer) does not enter into contracts directly with a municipality or water system to avoid any conflict of interest. ERG has multiple contracts with the Environmental Protection Agency to assist or inspect water systems around the country and a condition of these contracts is that ERG does not directly support a municipality or water system. ” She referred to the firm Process Applications.

VIII. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;;

contacting similar service providers; and reviewing the State Purchasing Divisions’ Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

Other firms were contacted but would not enter contracts directly with municipalities or water systems to avoid any conflict of interest, or no response was received.

Sole Source Form

Certified by: Date:

Agency Approval by: Date: Ql-

Cabinet SecretaryZAgericy_or-Entity-Head^or Designee

APPROVED: Date:

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the final authority of the State Purchasing Agent, the State Purchasing A gent’s signature is not required The signature line may be removed from this form or marked as N/A. Hard Copy Documentation for Courtesy Postings do not need to be submitted to SPD for approval

... A. qA k Ag^pc^ Chief Procurement Officer