JOFOC FHSU-22-011 Idaho Power 082222.pdf

IPROCUREMENT REQUEST: FHSU-22-011

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS.

b. Sponsoring organization.

c. Project Officer Information.

• Project Officer name: Dulcey Evening, Purchasing Agent

• Mailing address: PO Box 717 Fort Hall, ID 83203

• E-mail address: dulcey.evening@ihs.gov

• Telephone number: (208) 238-5425

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives. Annual Service Agreement for FHSU Utilities.

b. Project background.

Idaho Power provides electrical utility service to the Fort Hall Indian Health Service, Annual Service amount of $45,000.00 for a Base Period (12) months 10/01/2022-9/30/2023.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Idaho Power Annual Services for Fort Hall Service Unit. Project description.

To provide electrical services for the Fort Hall Service unit for facility to provide daily patient care.

b. Provide the following information:

Requirement type.

Research & development (R&D)

R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build

Other (specify): Utilities

• Type of action.

New requirement Follow-on Other (specify): Annual Service +Option years

• Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): Annual Service Agreement +Option years Completion Form Term form

• Acquisition identification number: FH-FAC-22344

c. Total estimated dollar value and performance/delivery period.

$45,000, Period of Performance: 10/1/2022-09/30/2023

d. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.)

253(c)(2) as set forth in Federal Acquisition Regulation (FAR) 6.302-1.

4. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

Idaho Power Account #: 2206894616 PO Box 70 Boise, ID 83707

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

Contractor will meet services for providing electrical services to the Fort Hall Indian Health Service facility, this service will be based on only one responsible source and no other supplies or services will satisfy agency requirements per FAR 6.302-1.

5. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Source has not been solicited and publicized as authorized under 5.202(5) "The proposed contract action is for utility services other than telecommunications services and only one source is available". Additionally Under FAR 41. 204(3) Acquisition of Utilities Services.

6. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Cost/Price is fair and reasonable. Based on the established pricing for FY 2020-2021 Annual Service Agreement

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market Research was not conducted and Idaho Power was selected based on the utility service it will provide per 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

8. Any other facts supporting the use of other than full and open competition.

Justification based on FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

(a) Authority.

(1) Citations: 10 U.S.C.2304(c)(1) or 41 U.S.C.3304(a)(1).

(2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

(i) Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that-

(A) Demonstrates a unique and innovative concept (see definition at 2.101), or, demonstrates a unique capability of the source to provide the particular research services proposed;

(B) Offers a concept or services not otherwise available to the Government; and

(C) Does not resemble the substance of a pending competitive acquisition. (See 10 U.S.C.

2304(d)(1)(A) and 41 U.S.C. 3304(b)(1).)

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contraCt for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 3304(b)

9. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

No source listing

10. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

The Fort Hall Service Unit will acquire services from Idaho Power, Period of Performance 10/01/2022-09/30/2023 per Annual Service Agreements.

11. Program office certification. This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Project Officer Jeremy Friday FHSU Facilities Supervisor

Project Officer’s Immediate Supervisor Shirley Alvarez

FHSU CEO

Head of the Sponsoring Program Office

7/7/2022

7/16/2022 jdfriday Highlight

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer

Daniel Otis Contracting Officer PAO-DOA

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Chief of the Contracting

Office

Head of the Contracting

Activity

15. Competition Advocate signature.

Competition Advocate

16. HHS Senior Procurement Executive signature.

HHS Senior Procurement

Executive