A16 JOFOC_1.pdf

DEPARTMENT OF THE INTERIOR - BUREAU OF INDIAN AFFAIRS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. REQUISITION/

CONTRACT No.

10 use 2304(c) or 41 use 253(c)

2. TOTAL 3. PROPOSED CONTRACTOR:

ESTIMATED

COST:

$57,000.00 Northwestern Corporation 40 E. Boundry Butte, MT 59701-0350 POC: Dale Mahugh, key Accounts/Economic Development Specialist 406-497 -3756 - phone 406-490-1812 - Cell Email:

Dale.Mahugh@northwestern.com

4. REQUESTING ACTIVITY:

BIA, Blackfeet Agency Thedis B. Crowe 531 SE. Boundary Street Box 880 Browning, MT 59417

406-338-7544

6. STATUTORY AUTHORITY: AUTHORITY PERMITTING THE USE OF OTHER THEN FULL AND OPEN COMPETITION

5. CONTRACTING ACTIVITY:

BIA ROCKY MOUNTAIN REGION

2021 4th Ave. North

Billings, MT 59101-1397 (406) 247-7941

181 FAR 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements (41 USC 253(c) (1)):

The supplies or services required by the Agency are available from only on responsible source and no other supplies or services will satisfy agency requirements.

D FAR 6.302-1(c)- Only one responsible source and no other supplies or services will satisfy agency requirements [41 USC 253(c) (1 )]: Brand Name Justification. The use of such descriptions in the acquisition is essential to the Government's requirement, thereby precluding consideration of a product manufactured by another company. 6.302-1 (c) - Brand Name or Equal requirements do not require a JOFOC.

0 FAR 6.302-2 - Unusual and compelling Urgency [41 USC 253(c) (2)): The agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. (NOTE: These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. Lack of advanced planning is not justification for the use of this authority.)

D FAR 6.302-3- Industrial Mobilization; engineering, development, or research capability; or expert services [41 USC 253(c) (3)): It is necessary to award the contract to a particular source or sources in order (I) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, or (ii) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center or (iii) to acquire the services of an expert neutral person for any current or anticipated litigation or dispute.

0 FAR 6.302-4 - International agreement [41 USC 253(c) (4)): Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government.

D FAR 6.302-5 - Authorized or required by statute (41 USC 253(c) (5)): A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

D FAR 6.302-6 - National security (41 USC 253(c) (6)): The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

D FAR 6.302-7 - Public Interest [41 USC 253(c) (7)): The agency head determines that it is not in the public interest to use full and open competition in the particular acquisition concerned.

7. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

The proposed action is to award sole source acquisition via contract for Natural Gas heating Services onsite at the Blackfeet Agency Facilities located in Browning, Montana which provides services to Facilities Management, Adult Detention Center, Roads Maintenance, Irrigation, Fire Cache and other government departments and Government Quarters under the BIA Blackfeet Agency.

8. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS, INCLUDING THE ESTIMATED VALUE:

The BIA Blackfeet Agency Facilities Management department hereby submits a Justification for Other Than Full and Open Competition.

This is to purchase Natural gas heating services on site at the Blackfeet Agency for the facilities that house facilities management, Adult detention center, Roads Maintenance, Irrigation, fire Cache and vacant government quarters. Northwestern Corporation is the sole provider of natural gas heating services on the Blackfeet reservation.

9. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF THE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

1. Authority: FAR 6.302-1 authority applies to this acquisition because the service required is only available from this contractor and therefore precludes full and open competition; delay in award of contract would result in mission failure for the BIA and disrupt services provided to Indian Country.

2. Background: New Contract is needed because old contract has expired DUNS# under previous contract with Clark Fork and Blackfoot LLC need to put new contract under new DUNS# for Northwestern Corporation

10. A DESCRIPTION OF THE EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED IN REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202

APPLIES:

The contracting officer determined that the proposed contract action is exempt from FAR 5.2 under the exception 5.202(a)(2). Due to the sole source nature of the services by the contractor, there will be NO steps taken to foster competition from other sources. This is a utility service and will only be for one year, a delagation of authority will be sought out from GSA for a multi year utility procurement in the forthcoming future.

This is the sole provider that can assist for propane for Blackfeet Agency.