Justification_for_Other_than_Full_and_Open_Competition_1.pdf

Solicitation or Award Number: 140R2024C0012

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)). The Department of Interior (DOI), Bureau of Reclamation (BOR), Interior Region 10, California – Great Basin (CGB), Construction Acquisitions Office located in Sacramento, California.

2. Nature/Description of Action (FAR 6.303-2(b)(2)). The Bureau of Reclamation, Folsom Dam, located approximately 20 miles north-east of Sacramento, CA, has a requirement to repair an existing Vessel Exclusion Barrier (VEB). The VEB mooring lines were snapped in a recent storm and the entire barrier is floating next to the upstream face of the main dam. This is both a safety and security hazard since it allows small watercraft direct access to the main dam radial gates and limits the USBR operation of radial gates for flood operation.

3. Description of Supplies/Services (FAR 6.303-2(b)(3)). The construction work required includes developing and implementing a plan to repair the barrier by reattaching the West Corner Mooring Buoy to the current existing West anchor. This repair is urgent as it affects safety due to the high-water levels and anticipated water release schedule for the dam.

Solicitation or Award Number: 140R2024C0012

WBR 1406.303-1 Template 1 eFile - B02

(04/2021)

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

2(b)(4)). (Check one)

Authority FAR Coverage

Application

41 U.S.C.

FAR

13.501

Only one responsible source using Simplified Acquisition Procedures (above SAT but below $7M)

41 U.S.C.

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

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)).

On February 23, 2024, contacted the Acquisitions Construction Branch concerning the need for Folsom Dam emergency repairs to their existing vessel barrier.

The barrier was manufactured by Harbor Offshore and its design is proprietary. J.F.

Brennan Company, Inc. announced acquisition of Harbor Offshore on May 3, 2022.

Only J.F. Brennan Company Inc. has access to the design specifications. No work performed by an outside vendor could be certified as meeting the manufacturer design.

In addition, J.F. Brennan Company Inc. has already completed an underwater inspection report for the needed work. They are ready to mobilize and have the required parts on hand. Failure to sole source award the emergency repairs to Harbor Offshore would result in a significant delay and increased cost to Reclamation due to the need for additional site visits, design proposals and sourcing of required materials.