Attachment_3_-_140R3024Q0020_JOFOC_Fully_Signed_Redacted.pdf

Solicitation Number:140R3024Q0020 Page 1 of 4

WBR 1406.303-1 Template 1 eFile - B02

(04/2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)). U.S. Department of the Interior, Bureau of Reclamation, Interior 8, Lower Colorado Basin, Acquisition & Assistance Management Office.

2. Nature/Description of Action (FAR 6.303-2(b)(2)). The Bureau of Reclamation, Lower Colorado Basin, proposes to solicit a contract for electrical materials that include a variety of brand name items. This action will be a Firm-Fixed-Price contract with appropriated FY2024 funds.

3. Description of Supplies/Services (FAR 6.303-2(b)(3)). The Yuma Area Office (YAO) currently has a requirement for brand name electrical materials manufactured by various companies. The manufacturers of the electric materials include Schneider Electric, Flex- Core, Ohmite, Gardner Bender, SEL, ABB, Erico, Eaton, General Electric, Hubbell, Cree, Lithonia Lighting and Leviton. See attached Specifications with a complete list of items.

Delivery is anticipated to take up to 90 days from the date of award

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)). (Check one)

Authority FAR Coverage Application ☐ 41 U.S.C. 1901 FAR 13.501 Only one responsible source using Simplified

Acquisition Procedures (above SAT but at or below $7.5M)

☐ 41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

☒ 41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

☐ 41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

Solicitation Number:140R3024Q0020 Page 2 of 4

WBR 1406.303-1 Template 1 eFile - B02

(04/2021)

☐ 41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

☐ 41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

☐ 41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute

☐ 41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

☐ 41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

The brand name electrical materials are currently installed uniformly across the wellfields within the 242 Wellfield area. The electrical materials are required as they are used in the three new well designs that were completed June 26, 2023, and included the electrical Bill of Materials (BOM). Items in this requirement are the remaining items needed for purchase and listed on the BOM. The electrical materials must be compatible with what has been previously installed. Additionally, the electrical materials give the ability to swap internal components without re-wiring those connected and make the maintenance repairs seamless while supporting water operations and delivery.

6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)). On March 13, 2024, a sources sought notice was posted to SAM.gov to identify vendors capable of providing the electrical materials. Five small businesses submitted capability packages.

The contract specialist reviewed the capability packages and sent emails out to the five vendors. The five vendors (small businesses) expressed interest in the current requirement, however, all five of these vendors appear to be incapable as they do not manufacture the brand name items nor are they a direct distributor. Based on experience if the vendor is not a direct distributor there is a high likelihood there will be performance issues delivering the materials.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)). The proposed price will be determined fair and reasonable based on price analysis techniques at FAR 13.106- 3(a)(1) and comparison to an independent Government estimate.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)). On March 13, 2024, a sources sought notice was posted resulting in five small business’s responding.

The contract specialist sent emails to the five small business vendors asking if they would be manufacturing the items on the materials list. Four of the five vendors stated they do not manufacture any of these brand name items however, they would be able to purchase from the manufacturers directly or from distributors. This requirement is estimated at $1.7 M, even though the small businesses are able to provide the electrical materials, the non-manufacturer rule is applicable over $250,000. Per the Nonmanufacturer rule, and the information received from the small businesses stating they would be distributors or kberry Rectangle