50-O1208-24-CP302_2024_Sole_Source_Mora New Well Project_signed.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: Mora Mutual Water and Sewer Works Association (MW & SWA)

Agency Chief Procurement Officer: Dwane Martinez, President

Telephone Number: 575-387-2767

Agency Contact for this request: Frank Trambley, Secretary/Treasurer Telephone Number & Email Address 575-643-5591, franktrambley@gmail.com

II. Name of prospective Contractor: Souder, 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:

Jose Ortiz

(505) 930-0318 Jose.ortiz@soudermiller.com

Amount of prospective contract before tax: $330,959.02 Estimated tax amount (tax is subject to change): $21,581.18

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:franktrambley@gmail.com mailto:Jose.ortiz@soudermiller.com

Mora MW & SWA is requesting a sole source contract with a qualified contractor to complete design and construction phase engineering services for a water system improvements project that includes installation of a new water supply well to replace the system’s failed Well 3. This new well will be installed on the same property as the existing well.

Mora MW & SWA 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 intimate knowledge of the history, hydraulics, deficiencies, and needs of the Mora MW & SWA water system and be able to complete the design and construction of the proposed project. The contractor shall have means to provide design phase, bid phase, and construction phase services in accordance with State procurement and Engineers Joint Contract Documents Committee (EJCDC) standard construction documents modified for project-specific criteria. The contractor shall have means to provide Resident Project Representative services in accordance with EJCDC standard construction 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 Mora MW & SWA for years. SMA has begun the design of an unrelated wastewater project for us, however, this contract was executed under an RFP for specifically “Wastewater System Improvements” only so SMA cannot provide the design, bidding and construction phase services for Water System Improvements until a new contract is signed.

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. SMA has years of experience in providing the engineering services we are requesting, and has proved that they can produce quality and satisfactory work for Mora MW & SWA.

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 intimately familiar with our water system.

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 Mora MW & SWA for 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, Mora MW & SWA would lose several months of time as well as a portion of the funds since the other engineer would need to spend time and money to investigate the system and obtain an understanding of the system to a necessary degree.

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.

Mora MW & SWA 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.

Certified by: Date:____________________

Agency Chief Procurement Officer

Agency Approval by: Date: ____________________

Cabinet Secretary/Agency 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 Agent’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.

Mobile User 7-24-2024

Mobile User Frank F Trambley