A16_JOTFOC_for_Arsenic_Removal_Media_at_CC_2021_fully_signed_1.pdf

ATTACHMENT 2

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER $3,500 ($2,000/$2500 for Construction/Services) AND

UP TO $150,000

(See FAR 13.106-1)

Date: January, 27, 2020 PR Number: _________________________

1. Nature and/or description of the item/service being procured and its intended use (include the anticipated cost):

The scope of work is for the removal, disposal and replacement of 260 cubic feet (cf) of ion adsorptive media used for removing arsenic from the groundwater supplied to the Cottonwood Cove water treatment plant. The “spent” material will be analyzed by the government as per Toxic Characteristic Leaching Procedure protocol to verify the absence or presence of hazardous waste and the contractor shall be responsible for transport of the material to a licensed landfill and prepare all documents necessary for disposal. The government will sign disposal documents as the generator of the material and be provided with all documentation regarding its final disposition. The contractor will replenish the system with 260 cubic feet of media and assure that it is properly placed and disinfected prior to completion of the project.

Anticipated Cost: $94,758.54

2. Sole Source Justification rationale (Check one and explain below):

___X___ Only one responsible source.

______ Urgent and compelling circumstances exist. Include critical delivery or performance dates, and when you became aware of the requirement. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met.

______ Other _____________________________________________________

Explain: Our current water treatment plant at Cottonwood Cove was designed to remove arsenic from groundwater. This plant was designed and constructed as one unit or system and is only capable of utilizing this particular arsenic adsorption media to remove arsenic from drinking water through adhesion of the arsenic molecules with this specific media. Denora Company is the sole provider of the ion adsorption treatment system for this area of the country. Denora is the only source where the NPS can purchase the media from and the only company licensed for its distribution. As such, they are responsible for all warranty work to include replacement of ion adsorptive media and the only supplier capiable of ensuring functionality with the all other Denora Company supplied equipment utilized in the treatment of drinking water at this location.

3. Market Research. Please explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest:

Other companies were considered for this service; i.e. Siemens Industries (Evoqua) and AdEdge Technologies. Although these firms are involved with water treatment technology and market similar products, Denora holds the exclusive distributorship rights and as such, is the only recognized vendor for warrantied work pertaining to this specific system in the Arizona-Nevada area, and the only vendor that can ensure functionality with our current system. The choice of another system manufacturer would require the government to remove existing treatment equipment in order to ensure that the system continues to effectively operate.

In an effort to identify interest or capability, the LAKE MABO posted a sources sought notice on 04/05/2021 for two days but no responses were received.

ATTACHMENT 2

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER $3,000 ($2,000/$2500 for Construction/Services AND UP

TO $150,000

(See FAR 13.106-1)

PR Number ________________________

4. If this is a determination for sole source, the contracting officer certifies:

a. Only one source is available, or urgent and compelling circumstances exist.

b. The anticipated price will be determined fair and reasonable using the price analysis techniques described in FAR Part 13.106-3(a).

(Signature) _______________________________________ (Date)__________________________

Type or Print Name: Scott Bell Title: Supervisory Environmental Protection Specialist

(Signature) _______________________________________ (Date) ___________________________

Type or Print Name: Cris Stubitz Title: Contracting Officer

Over $25,000:(if applicable)

(Signature) _______________________________________ (Date) ______________________

Warranted Individual 1 Level Above Contracting Officer

H. Scott Bell 4/13/21