JA Wildlife Drinker.pdf

Control No: JA-21-Hua-226

Version – February 2017

For All Actions At or Below the Simplified Acquisition Threshold

Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold - Wildlife Water Guzzler, LLC.

1. Contracting Activity: Army Contracting Command

Aberdeen Proving Ground (ACC-APG) Huachuca Division Directorate of Contracting (DOC), Operations Branch

ATTN: CCAP-CCH

600 Augur Avenue, Building 22208 Fort Huachuca, AZ 85613-9000

2. Description of Action:

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Order # W9124A21P0014 ☐ Blanket Purchase Agreement (BPA) # ☐ Order/BPA # against FSS Contract # ☐ Order # against Multiple Award IDIQ Contract Name or #

☐ Order # against a single award IDC Contract # ☐ Modification # to existing PO/TO/DO/Call Order #

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid

Funds: ☐ Operations & Maintenance, Army (OMA) ☒ Other Funds: Non-Appropriated Fund

(NAF) FY: N/A

Estimated Value:

Name of Proposed Contractors and Address:

Wildlife Water Guzzler, LLC.

Scott Avent P. O. Box 1021 Canyon, TX. 79015

Brand Name Buy: ☐ Yes ☒ No

3. Description of Services or Supplies: The requirement is to provide supplies consisting of four (4) wildlife guzzlers (8’x6’x12’, 2200 gallon drinkers) and installation materials that will be used to replace similar existing nonfunctional wildlife drinkers on Fort Huachuca, Arizona

Delivery Date: 30 Days after delivery of contract Estimated Value:

4. Authority:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

☐ FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name ☐ FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable ☐ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☐ FAR 16.505(a)(4) Brand Name ☐ FAR 16.505(b)(2)(i)(A) Urgency ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. The existing nonfunctional wildlife guzzlers are almost identical to the guzzlers that are sold by Wildlife Water Guzzler, LLC. Due to environmental constraints, it is more time and cost effective to replace the nonfunctional wildlife drinkers with a new system in the same foot print.

The use of any other wildlife drinkers would increase the area of the existing footprint which would require National Environmental Policy Act (NEPA) and other environmental considerations that would not be cost or time effective to the government.

These wildlife drinkers are an essential system for our wildlife and help keep wildlife searching for water out of the cantonment during the drier seasons.

b. The wildlife drinkers are not a brand name, but are specific to the model in which Fort Huachuca, Arizona needs to stay inside the existing footprint. Currently, Fort Huachuca, Arizona has four (4) of the 2200 gallon drinkers, and it is necessary to purchase the same drinkers for installation, maintenance, and parts standardization. The drinkers have proven to function well and hold large quantities of water in our remote arid environments on Fort Huachuca which is essential to functionality, maintenance and water replenishment.

c. These wildlife drinkers are necessary to help keep wildlife out of the cantonment area during drier seasons. Wildlife in the cantonment can become a life and health safety issue, and are much more prevalent during dry periods due to lack of water in our mountains surrounding the cantonment area on Fort Huachuca, Arizona.

6. Publicizing Contract Actions: For FAR Part 13 actions the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☒ do not apply due to the dollar threshold, ☐ apply and will be followed, or ☐ do not apply due to an exception at 5.202.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

☒ Action is NOT a brand name restriction and is under $150K, no posting required ☐ Action is a brand name restriction under $25K, no posting required ☐ Action is a brand name restriction over $25K, redacted & posted with solicitation ☐ Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f) ☐ FAR 8.405-6(b)(3)(iii)(A) ☐ FAR 8.405-6(b)(3)(iii)(B) ☐ FAR 8.405-6(b)(3)(iii)(C) ☐ FAR 16.505(a)(4)(iii(C)

7. Market Research: The Requiring Activity conducted research via written, telephonic and world wide web inquiries, and no responses were received. Therefore, based on the results of the market research, prospective sources do not exist at this time for this contract action. The Notice of Intent required by FAR 5.201 was published on BetaSam.gov website on 01 April 2021. To date, no other sources have written to express an interest. A Special Notice making the public aware of this justification will be posted on BetaSam.gov website within fourteen (14) days after contract award.

8. Other Facts: N/A

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature:

Typed Name:

Title: Forester Date:

X Right-Click "Signature Setup"

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government.

Additionally, I approve this justification to limit competition and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Signature:

Typed Name:

Title: Contracting Officer Date: