A16_J_A_Over_the_SAT_FAR_Part_13_Final_Redacted_1.pdf

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Attached to
WIP MAGNACIDE H - 2023 Federal contract opportunity
Solicitation number
140a1223p0008
Issued by
Department of the Interior Bureau of Indian Affairs Central Office

About this file

This document provides a justification for a sole source award for herbicide products and application services. The Wapato Irrigation Project, owned by the Bureau of Indian Affairs, requires the herbicide Magnacide H to control algae and weeds in its canals located on Yakama Nation reservation land. Market research found Magnacide H to be the only product authorized by the state of Washington and the sole brand approved by the Yakama Nation for use on reservation areas. The inability to use alternative products and the need to apply the herbicide in spring 2023 to ensure timely water flow led to a sole source justification. The Bureau of Indian Affairs awarded contract 140A1223P0008 for an unknown quantity and value of Magnacide H to an unknown vendor on December 12, 2022. An RFI will be issued to identify any future vendors capable of meeting requirements.

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8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market Research conducted and the results were that the state of Washington has determined that Magnicide H aquatic herbicide is the only product allowed for use in irrigation canals, and no other product is authorized. Currently, Alligare is the only source that is authorized to provide this product. Wapato Irrigation Project has and continues to investigate other products that may be able to meet this requirement in the future.

9. Any other facts supporting the use of justification of other than full and open competition, such as:

The Wapato Irrigation Project’s canals and drains, owned by Bureau of Indian Affairs, reside on Yakama Nation reservation land, and Magnacide H is the only brand name Yakama Nation will allow to be applied on Yakama reservation. No functional alternative herbicide product exists that meets the Yakama Nation’s requirement and the Bureau of Indian Affairs has a requirement to order the product Magnacide H and apply it in the spring season so as to control algae and pond weeds. Irrigation season for applying the herbicide is imminent (the product needs to be delivered by Spring 2023 and the failure to apply the herbicide in a timely manner could impact water flow and result in significant tort claims against the government. WIP has looked at other herbicide options for aquatic weed control and has presented them to the Yakama Nation (who we serve) and they will not allow us to use another product at this time.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

11. A statement of any actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

An RFI will be posted by the BIA, Northwest Regional Contracting Office to obtain more information regarding vendors who may have the ability to meet this requirement in the future.

12. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

File details come from the government source that posted it. Updated .