Justification 92795 FBO.pdf

Final Justification for Other than Full and Open Competition

Western Area Power Administration

FAR 13.5, Simplified Acquisitions - Test Program for Certain Commercial Items

Solicitation No. DE-RQ65-11WJ92795

1. Identification of the agency and the contracting activity.

United States Department of Energy, Western Area Power Administration (Western), Rocky Mountain

Region, Procurement Division, 5555 E. Crossroads Blvd., Loveland, CO 80538.

2. The nature and/or description of the action being approved.

Request for Quotes under FAR Part 13.5, Test Program for Certain Commercial Items, in conjunction with FAR Part 12. Limited competition due to unusual and compelling urgent nature of the requirement.

Firm-fixed-price contract.

3. A description of the supplies or services required to meet the agency’s needs.

Contractor to furnish and deliver two 5000 KVA replacement transformers, two winding, 3-phase, one

13.2/24.9-kV, Delta-Zigzag winding arrangement, and one 69/24.9-kV, to Western’s Flaming Gorge

Substation located in Daggett County, Utah.

4. The statutory authority permitting other than full and open competition.

Section 4202 of the Clinger Cohen Act of 1996; and urgency as described below.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

There are normally two redundant transformers supplying a 24.9 kV bus at Western’s Flaming Gorge

Substation, the KW2A & KX2A, both of which have failed in the past 6 months. The second failure

(KW2A) left over 2,000 customers without power for 4 days, while the Western Colorado Maintenance

Office rushed to install a mobile transformer at the substation to bypass the two failed transformers.

There is a daily cost associated with the mobile transformer needed to connect and supply the 24.9 kV bus. Providing power to customers through the mobile transformer is unacceptable as a long-term solution. Failure of the mobile transformer would cause another extended outage since there is currently no redundancy on this system. Further, the mobile transformer was previously scheduled for construction work in central Colorado, which will now be delayed until the replacement transformer is installed. The agency’s need is thus of unusual and compelling urgency, as delay of contract award would seriously injure the Government unless permitted to limit the number of sources.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable.

A Federal Business Opportunity synopsis is not required per FAR Subpart 5.202(a)(2). Due to time constraints, it was determined to procure the transformers directly from a manufacturer. Western has compiled a list of transformer manufacturers from past actions; from this list, four domestic manufacturers were located that are registered in CCR as small business firms. Four sources was determined to be as many potential sources as practicable under the circumstances.

7. The anticipated dollar value of the proposed acquisition including all options, if applicable and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contract was awarded in the amount of $362,983.00. Fair and reasonable price was determined based on competitive price quotes.

8. A description of the Market Research (MR) conducted and the results or a statement of the reason MR was not conducted.

The Contracting Officer conducted market research by performing a Dynamic Small Business Search for domestic manufacturers of “small” transformers. Of nine domestic manufacturers located, four were found to be small businesses and currently registered in CCR.

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

Specifications and drawings have been developed for prior similar transformer purchases. Only minor changes needed to be made for the specific type of transformer required for this procurement action.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

Five quotes were received in response to the solicitation (two from the same company).

11. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

This type of requirement has historically been handled as either a competitive small business set-aside or a negotiated sole source action with an 8(a) supplier. The only reason that competition is being restricted to four domestic small business manufacturers is due to the urgent nature of the action. Future acquisitions will typically be procured utilizing full and open competitive procedures.

Certification:

The information contained in this Justification for Other than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Requestor ________________________________ _______________________

Signature Date

Contracting Officer _________________________________ _______________________

Signature Date