Det_to_Solicit_from_a_single_source_under_SAT_FAR13_Updated_Fully_signed_1.pdf

140R4024Q0015 Page 1 of 3

WBR 1413.106-1 Template 1 eFile - B02

(11/2020)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity.

U.S. Department of Interior, Bureau of Reclamation, Upper Colorado Basin, Acquisition Management Division

2. Name and Address of Single Source.

Energy by Native American Design (ENAD) Corporate Office (Indiana) 329 West College St.

Ladoga, Indiana, 47954

3. Description of Supplies/Services and Estimated Cost.

The Bureau of Reclamation has the need for contractor to perform diagnostics’ and replace sensors that are not working correctly, cables with broken circuits, clean, lubricate, and test systems. Provide maintenance services for the three installed debris removal systems purchased from Atlas Polar in the 1990s. Various sensors, scraping bars, cables, and system adjustments require replacement components and technical service calibrations from an authorized service provider.

The following bulleted list provide a short list of work tasks:

Provide approximately 8 working days of onsite support services.

Supply all transportation for service technicians, equipment, tools, travel, and other related items to complete the field work.

Supply all parts, components, equipment, tools, etc. to perform and repair systems.

Period of Performance: From: 01/03/2024 To: 04/03/2024

Presently the instrument service agreement is estimated at $24,967.73

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(11/2020)

4. Description of Circumstances, including why only one source is reasonably available.

IAW FAR 13.106-1(b)(1)(ii), because of exclusive licensing agreements. Atlas Polar is the original contractor/installation in the 1990s for all three diversion dams. Their sensors and cabling requirements are manufacturer’s proprietary systems for these debris removal equipment. Being this equipment is plus 30 years old it is “highly” recommended to go with the authorized dealer for the US for Atlas Polar, Energy by Native American Design Corp., to resolve are current operational concerns.

5. Determination of Fair and Reasonable Price.

The Contracting Officer has determined the price to provide maintenance and repair services of the Atlas Polar Hydrorake is fair and reasonable in accordance with FAR 13.106-3(a)(2)(i) and (vii).

6. Description of Market Research.

The market research performed by the government verifies that Atlas Polar is the sole manufacture and provider of the Hydro Rake system installed in our facility in the 1990’s and has detailed information concerning the operation and maintenance of the equipment.

Market research conducted by the Contract Specialist in October 2023 confirms that Atlas Polar and its authorized dealers are the sole service provider for the specific Hydro Rake System needed for this requirement. Additional market research included a search of the internet to find other Hydro Rake systems companies but they do not seem to have the same parts or systems. There are several companies that sell Hydrorake Trash Rake systems but none of them have the same parts needed or knowledge of Atlas Polar machinery. Since the government already owns the Atlas Polar Hydrorake Trash Rake system it has been determined that only Atlas Polar or it’s authorized dealers can meet all the government requirements to maintain and provide repair services. This vendor is the original installer of the equipment in the 90’s and it is not classified as a small business nor is it in SAM.gov.

After contacting Atlas Polar, they provided us with their Authorized Dealer in the US, Energy by Native American Design Corp.

140R4024Q0015 Page 3 of 3 eFile - B02

(11/2020)

SIGNATURES

PREPARED BY:

Name: Nayda Gonzalez

Date: 01/10/2024

CONTRACTING OFFICER (CO) (FAR 13.106-1(b)):(All Values)

Name: Kristen Ruiz Jimenez

Date: 01/10/2024

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