50-O1148-24-CP369_SIGNED_Buena Vista_Sole_Source_Determination_final.pdf.PDF

2021 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

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.

I. Name of Agency: Buena Vista Mutual Domestic Water Consumers Association

(MDWCA)

Agency Chief Procurement Officer: Bea Richards

Telephone Number: 619-335-7965

Agency Contact for this request: Bea Richards

Telephone Number & Email Address 619-335-7965, bvmdwca@gmail.com

II. Name of prospective Contractor: Sounder, Miller & Associates

SHARE Vendor Number (must be active):

Address of prospective Contractor: 5454 Venice Avenue NE, Suite D, Albuquerque, NM

87113

Contact Name, Telephone Number and Email Address:

Maggie Sims

505-450-7595 maggie.sims@soudermiller.com

Amount of prospective contract before tax: $410,000.00

Estimated tax amount (tax is subject to change): $436,735.30

Term of prospective contract: Project completion is estimated to be approximately 365 calendar days from contract execution.

Note: For terms longer than one year, Request for Policy Exemption from DFA MUST be included.

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:bvmdwca@gmail.com mailto:maggie.sims@soudermiller.com

Buena Vista MDWCA is requesting a sole source contract with a qualified contractor to complete design and construction phase services for a water system improvements project that includes replacement of aging distribution waterline with new waterline.

Buena Vista MDWCA needs engineering services for design, bidding, construction, and construction observation for the designed project.

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.)

The contractor shall have comprehensive knowledge of the history, hydraulics, deficiencies, and needs of the Buena Vista MDWCA water system and be able to complete the design of the proposed project as recommended in Buena Vista MDWCA’s

Preliminary Engineering Report dated January 2023. The contractor shall have resources to provide design phase, bid phase, and construction phase services in accordance with State procurement and Engineers Joint Contract Documents

Committee (EJCDC). The contractor shall have resources to provide Resident Project

Representative services in accordance with EJCDC contract document general and supplemental conditions. The contractor shall be familiar with State and Federal funding processes.

V. 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.”)

Souder, Miller and Associates (SMA) has firsthand knowledge of our water system due to working with Buena Vista MDWCA for over 10 years and due to completing several engineering planning documents for the proposed project, including the referenced

Preliminary Engineering Report. SMA has begun the design of the project, however, our current contract is going to expire soon, so SMA cannot provide bidding and construction phase services until a new contract is signed. SMA has helped us work with the funding agencies to secure funding for the project. The funding process has significantly delayed the project.

A different engineer would need to invest a significant amount of time becoming familiar with the project and likely cause further delays to project progress, which will add unnecessary costs to the project. SMA has many years of experience in providing the engineering services we are requesting and has proven that they can produce quality and satisfactory work for Buena Vista MDWCA.

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.

Our requested services are unique in that we desire the contractor to be familiar with our water system, as well as the previously completed planning, analysis, and design of the proposed project.

VII. Explain why other similar professional services, services, construction or item(s) of tangible personal property cannot meet the intended purpose of the contract.

Because our selected contractor has worked with Buena Vista MDWCA for over 10 years, we know that they have the knowledge, expertise, and resources needed to complete our requested scope of work. Other prospective contractors would need to invest significant amounts of time to learn and understand the specific needs and implications of the proposed project, as well as possibly need to coordinate with SMA, the original design engineer, to answer construction contractor questions and RFIs. If another engineer was selected, Buena Vista MDWCA would lose several months of design work that has already been completed by SMA, as well as significant portions of secured funding monies for designing the proposed project. As a result, Buena Vista MDWCA would not have adequate funding to complete the construction of the project.

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.

Buena Vista MDWCA has determined that SMA is the only contractor that can provide our requested services because of their existing knowledge of the proposed project and ability to meet needed deadlines of the project and within the funding constraints of state-funded monies.