JOTFOC_140R6024Q0087_BF_Cultural_Final_1.pdf

Solicitation No. 140R6024Q0087 Page 1 of 3

WBR 1406.303-1 Template 1 eFile - B02

(04/2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)): U.S. Department of the Interior, Bureau of Reclamation, Missouri Basin Regional Office, Acquisition Services (MB-5000)

2. Nature/Description of Action (FAR 6.303-2(b)(2)): The Bureau of Reclamation’s Missouri Basin Regional Office intends to award a Firm-Fixed Price purchase order to the Blackfeet Tribe of the Blackfeet Indian Reservation to perform cultural monitoring services as required by the Blackfeet Constitution and By-Laws, Blackfeet Tribal Historic Preservation Office (THPO), and the National Historic Preservation Act (NHPA) of 1966 during the construction work performed under Contract No. 140R6024C0008. The work is located near Babb, Montana in Glacier County and on the Blackfeet Indian Reservation.

3. Description of Supplies/Services (FAR 6.303-2(b)(3)): The objective of this requirement is to acquire professional services to perform cultural reviews for the construction of the St.

Mary Diversion Dam Replacement and the St. Mary Siphon Site Remediation Project. The THPO shall ensure cultural compliance during construction with an on-site technician during all excavation activities to ensure no cultural artifacts are uncovered and no surface artifacts are destroyed. The period of performance is 938 days of monitoring, 625 days at the St. Mary Diversion Dam and 313 days at the St. Mary Siphon Remediation site. The estimated value of this requirement is $525,280.00.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-

2(b)(4)):

Authority FAR Coverage Application ☒ 41 U.S.C. 1901 FAR 13.501 Only one responsible source using Simplified

Acquisition Procedures (above SAT but at or below $7.5M)

☐ 41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

☐ 41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

☐ 41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

☐ 41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

Solicitation No. 140R6024Q0087 Page 2 of 3 eFile - B02

(04/2021)

☐ 41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute ☐ 41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security ☐ 41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)): The

Blackfeet THPO department was created through a Memorandum of Agreement with the National Park Service (NPS) to assume the duties of the State Historic Preservation Officer on Blackfeet Tribal lands. In accordance with the NHPA, THPO is the designated tribal preservation office of a federally recognized American Indian nation. As required by the Blackfeet Constitution and By-Laws, THPO monitoring is required to ensure cultural compliance for all construction and excavation activities that occur on the Blackfeet Indian Reservation and Tribal lands.

6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)): The Contracting Officer posted a special notice to SAM.gov on 7/8/2024, pursuant to the Federal Acquisition Regulation (FAR) 13.106-1(b)(2) – For purchases exceeding the simplified acquisition threshold. No responses were received in response to this special notice.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)): As permitted under FAR 13.106-2(b) – Evaluation Procedures, the Contracting Officer will conduct a price analysis using the techniques at FAR 15.404-1(b)(2). The price analysis will include comparisons to historical prices paid for the same services, to published pricing, and to the Independent Government Cost Estimate. The published pricing comparison will include the Blackfeet Nation Resolution No. 392-2024 – Approving FY 2024 Blackfeet Historic Preservation Office Daily Compliance Rates, to ensure the THPO daily rate does not exceed $500.00 for each individual technician. Additionally, any proposed travel expenses for the technician(s) will be compared to the 2024 General Services Administration (GSA) daily per diem and mileage rates.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)): In addition to the Special Notice discussed under section 6 above, the Contracting Officer conducted open market searches on SAM.gov and FPDS-NG on 7/19/2024 to determine the recent acquisition history of cultural monitoring requirements acquired by the Bureau of Reclamation. Both searches resulted in Purchase Order No. 140R6020P0053. The FPDS-NG report of this acquisition showed that it was issued as a sole source to the Blackfeet Tribe.

The Contracting Officer reviewed established pricing/product literature, which included the Blackfeet Nation Resolution No. 392-2024. Since cultural monitoring services are specific to and required by the Blackfeet Tribe of the Blackfeet Indian Reservation for work performed on Blackfeet Tribal lands, this entity is the only viable source that can provide the required services under this acquisition.

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)): Not Applicable.

10. Listing of Interested Sources (FAR 6.303-2(b)(10)): Not Applicable.

Solicitation No. 140R6024Q0087 Page 3 of 3 eFile - B02

(04/2021)

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)): No actions were taken to remove future barriers to competition. THPO cultural monitoring services are specific to and required by the Blackfeet Tribe for work performed on their Tribal lands.

SIGNATURES

PREPARED BY / CONTRACTING OFFICER (CO) (FAR 6.304(a)(1) or FAR 13.501(a)(2)(i)): (All Values)

Name: Charlene Maurer

CHIEF of the CONTRACTING OFFICE (CCO) (DOI-AAAP-0024): (> $250K)

Name: Brandon Collins

BUREAU COMPETITION ADVOCATE (FAR 6.304(a)(2) or FAR 13.501(a)(2)(ii)):

(>$750K)

Not Applicable

HEAD of the CONTRACTING ACTIVITY (HCA) (FAR 6.304(a)(3) or FAR 13.501(a)(2)(iii)): (>$15M OR > $250K AND the CO is the CCO) – Also required for the award of any non-competitive enterprise contract, a contract vehicle where orders or calls can be placed by or on behalf of multiple DOI bureaus, or which will be a mandatory source for DOI.

Not Applicable

SENIOR PROCUREMENT EXECUTIVE (SPE) (FAR 6.304(a)(4) or FAR 13.501(a)(2)(iv)): (>$75M) – IAW DOI-AAAP-0024, SPE signature is also required for the award of any non-competitive enterprise contract – regardless of value – where orders or calls can be placed by or on behalf of multiple DOI bureaus, or which is a mandatory source for DOI or single-award indefinite delivery vehicle.

Not Applicable

X

X