E53_MISC_Justification_Redacted_1.pdf
PDF 734 KB Posted
- Attached to
- EO 14398 Propane for Mescalero Agency
- Solicitation number
- 140A0726C0003
About this file
This is a Justification for Other Than Full & Open Competition (J&A) document for a federal propane supply contract. The Bureau of Indian Affairs, Southwest Regional Office (SWRO), is justifying a sole-source award to Mescalero Gas Company for propane delivery to the Mescalero Agency. The contract is Purchase Request Number 44049498 with an estimated value not disclosed (redacted as IGE).
The justification cites FAR 6.103-1 (Only One Responsible Source) as the statutory authority for the non-competitive award. On November 21, 2019, the Mescalero Apache Tribe passed Resolution 19-140, establishing Mescalero Gas Company as the exclusive provider of propane on the Mescalero Apache Indian Reservation and prohibiting any non-tribal propane company from entering the reservation to supply propane. Consequently, Mescalero Gas Company is the only responsible source capable of satisfying the agency's requirements. The requirement is for 15,000 gallons of propane to be delivered to three locations: the BIA Law Enforcement building, the BIA Mescalero Agency building, and the UIS Mescalero Adult Detention Center. The contract will be firm-fixed price. A special notice will be posted for five days before award. The contracting officer determined the anticipated cost to be fair and reasonable based on prior similar purchases and current market propane prices ranging from $2.50 to $3.50 per gallon. The document was signed by Trey Kaydahzinne (Supervisory Facility Operations Specialist), Contracting Officer Brian Roberts, both of the Bureau of Indian Affairs.
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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 art 5 and, if not, which exception under 5 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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