E53_MISC_JOFOC_Final_-_Redacted_1.pdf
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- Solicitation number
- 140A1225P0001
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This is a Justification for Other Than Full and Open Competition (JOFOC) for emergency repair services at the Wapato Irrigation Project (WIP) Unit 2 Pumping Plant, submitted by the Bureau of Indian Affairs Northwest Region. The document justifies a sole-source award to The Third Element Inc. of Helena, MT under FAR 6.302-2 (Unusual and Compelling Urgency) due to an electrical failure affecting irrigation pumps that service several hundred acres of crops.
The justification explains that emergency repairs are needed for a 2400V synchronous electrical motor and associated switchgear after a failure occurred when the facility was re-energized. Limited market research was conducted through a 3-day Sources Sought notice (DOIAFBO250009) to ISBEE and IEE contractors, but only one response was received and deemed unsuitable due to lack of experience with 2400V pumps. The Third Element Inc. was selected based on their previous experience working with Fort Hall Irrigation on similar 2400V pumps. The contract will be firm-fixed price, and the agency determined pricing will be fair and reasonable based on historic pricing for similar pump repairs. The urgency is driven by the need to prevent crop failure and potential tort claims from farmers whose crops depend on the irrigation system.
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5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
6. A description of 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 as required by Subpart 5.2 and, if not, which exception under 5.202 applies.
7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.
I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is based on the following:
8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.
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