A13 JA - Red Lake Maintenance.pdf

Control Number W912ES-20-JA-0004

Justification and Approval for Other Than Full and Open Competition

1. Contracting Agency: U.S. Army Corps of Engineers St. Paul District, St. Paul, MN is the contracting agency responsible for this action.

2. Description of the Action:

a. This acquisition is for mowing/trimming, slide gate settings, stop log settings, litter collection, gage reading, and dike mowing services at Red Lake Dam, Clearwater, Minnesota.

b. This is a sole-source acquisition to the Red Lake Band of the Chippewa Indians.

3. Description of Supplies/Services:

a. The contractor shall furnish all labor, equipment, fuel, supplies and materials necessary to complete the work in strict accordance with the Statement of Work.

b. The resulting contract will be a Firm Fixed-Price with a one (1) year base period and four (4) one-year option periods.

c. The Government estimate for this procurement is $25,000.00 per year, for an aggregate total of $125,000.00 for the base and all option years.

4. Authority Cited: This acquisition is conducted under the authority of FAR 13.106-1(b)(1)(i) which states: “Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).”

5. Reason for Authority Cited: This is a recommended set-aside for the Red Lake Band of the Chippewa Indians. The work to be performed is located entirely on the Red Lake Indian Reservation. This sole source determination is based on The Department of Interior memorandum to the U.S. Army dated December 2, 1949, regarding Resolution No. 1, Serial No. 366 of the Red Lake Band of the Chippewa Indians. This memorandum states the Red Lake Band shall be employed on any work within the Red Lake Indian Reservation whenever possible.

6. Efforts to Obtain Competition: Not applicable. The agreement between the Department of Interior and the Red Lake Band of Chippewa Indians precludes competition for this requirement.

7. Actions to Increase Competition: Due to the location of this service, the Red Lake Band is given first consideration to perform work under this requirement.

8. Market Research: None.

9. Interested Sources: Red Lake Band of Chippewa Indians.

10. Other Factors:

Control Number W912ES-20-JA-0004

a. Procurement history – This requirement was previously awarded under contract W912ES-15-P-0055. That contract was for a base year and four option years and was solicited on a sole source basis to the Red Lake Band of Chippewa Indians.

The authority to sole source that contract was the same as the authority used for this requirement.

11. Technical Certification

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Jeff Steere Date: ________________ Title: Chief, Northern Headwaters Project Section Signature: __________________________________

12. Requirements Certification

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Jeff Steere Date: ________________ Title: Chief, Northern Headwaters Project Section Signature: __________________________________

13. Fair and Reasonable Price Determination

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of this basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 will apply.

Name: Kenneth J. Eshom Date: ________________ Title: Contracting Officer Signature: __________________________________

14. Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief:

Name: Kenneth J. Eshom Date: ________________ Title: Contracting Officer Signature: __________________________________