Limited-Source Justification (LSJ)_1 yr task orderkt.pdf

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Attached to
Intent to sole source - Chinle Service Unit - NTUA Federal contract opportunity
Solicitation number
TB21-001
Issued by
Department of Health and Human Services

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Text version

Acquisition Title:

Service Unit/Clinic: Department:

Acquisition Year:

Author/Title:

2. Description of Action:

Name of Proposed Contractor(s):

Street Address:

City, State, Zip:

3. Description of Supplies or Services:

The estimated value of the proposed action, including all options, is:

Briefly describe the supplies or services to be provided, including make & model number where appropriate.

Indicate whether the item to be procured is peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). If applicable, include quantities of supplies or period of performance for services. Provide information for any options included in the order. If the action is a modification to an existing order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

Pricing: Firm-Fixed Price Other

Template for a Federal Supply Schedule (FSS)

Limited-Sources Justification

Completion Instructions: HHS has established a standard template for the preparation of a Limited-Sources

Justification (LSJ) pursuant to FAR Subpart 8.4. This template is for use with orders issued under the Federal

Supply Schedule (FSS) program where the value exceeds micro purchase threshold and competition is restricted: (1) to fewer schedule contractors than required in FAR 8.405-1 or 8.405-2, or (2) to an item peculiar to one manufacturer. See FAR Subpart 8.4 for additional guidance. This template is not for use with acquisitions other than those under FAR Subpart 8.4.

Tailor all aspects of this template to the individual acquisition. Consult FAR 8.405-6 for guidance.

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

Nature: New Requirement Follow-on Requirement

4. Authority:

In the interest of economy and efficiency, the new work is a logical follow-on to an original

Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited sources procedures (FAR 8.405-

6(a)(1)(i)(C)); or

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b);

Describe in detail why a particular brand name, product, or a feature of a product, peculiar to one manufacturer must be used. Also, describe in detail the existence of other than the “Name Brand” product and discuss why they cannot be used.

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the

Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40

U.S.C. 501, Services for Executive Agencies; and Section 803 of the National Defense

Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception and for each discuss how the cited authority applies in accordance with FAR 8.405-

6(c)(2)(iv).

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique or highly specialized (FAR 8.405-

6(a)(1)(i)(B)); or

5. Market Research: FAR 10

6. Actions to Increase Competition:

7. Any other facts supporting the justification:

Department Supervisor (or one level above Department Supervisor)

Name:

Position Title:

Email address:

Signature:

Date:

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Describe the extent of the market research conducted among the schedule holders and the results, or a statement of the reason that market research was not conducted. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s need.

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies or services is made. If no such actions have been taken, explain why.

Signature: Date:

12. IHS Head of Contracting Activity (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name: Phone:

Signature: Date:

10. Contracting Officer's Approval (Required for proposed contract above $3,500 not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge.

Name: Phone:

Describe in detail the basis for the determination that this order providers the best value, and that the price is fair and reasonable. Attach and/or summarize applicable market research, commercial prices lists, comparable

GSA schedule pricing or other markers that were used in this determination.

9. Best Value Determination. By my signature below , after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

Signature: Date:

11.Advocate for Competition (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports FAR 8.405-6, Limiting Sources.

Name: Phone:

City State Zip: FORT DEFIANCE AZ 86504
The estimated value of the proposed action including all options is: 2023207
Name: Phillip Antonio
Position Title: Pinon Maintenance Supervisor
Email address: Phillip.antonio@ihs.gov
Date: 9/23/2020
Name_2: DeeAndra Salabye
Phone: 928-871-1317
Date_2: 10/1/2020
Name_3: Kenneth G. Truesdale
Phone_2: 240-994-0732
Date_3: October 1, 2020
Name_4:
Phone_3:
Date_4:
Best Value: Utilities are regulated by the Tribal Government. Rates for each utility was established by an agreement with the Navajo Tribe, NTUA, a Tribal enterprise and Tribal Government. Navajo Tribal Utility Authority has always been main distributor and benefits majority of government requirements. The price is determined to be fair and reasonable based on the Independent Government Cost Estimates
Acq Title: Utility Services for Chinle Service Unit (CSU)
Author: Phillip Antonio, Dwayne Thompson, Gregory Bahe
Department: Chinle Service Unit
Street Address: HWY 12 N
Proposed: Navajo Tribal Utility Authority
Dropdown8: [Select item]
Dropdown9: [2021]
Check1: Yes
Check2: Off
Check3: Yes
Description: Chinle Service Unit (CSU) consists of Chinle Comprehensive Health Care Facility, Many Farms Clinic, Pinon Health Center, Tsaile Health Center, and Rockpoint Clinic, and all require a contractor to provide utility services to ensure the operations of these health care facilities. All facilities are located on the Navajo Reservation.
Check4: Off
Check5: Yes
Modification: Chinle Service Unit (CSU) consists of Chinle Comprehensive Health Care Facility, Many Farms Clinic, Pinon Health Center, Tsaile Health Center, and Rockpoint Clinic, and all require a contractor to provide utility services to ensure the operations of these health care facilities. All facilities are located on the Navajo Reservation.

CSU intends to issue one (1) year task order against Federal Supply Schedule Contract GS-00P-14-BSD-1060 to NTUA. Task Order Period of Performance will be 01/01/2021-12/31/2021.

Check6: Off
Urgent:
Check7: Yes
Sole Source: In accordance to FAR 41.204(b)(3) Due to the regulated nature of the utility industry, as well as statutory restrictions associated with the procurement of electricity (see 41.201(d)), competition is not available within the entire geographical area covered by an areawide contract, although it may be available at specific locations within the utility’s service area. GSA Contract GS-00P-14-BSD-1060 rates are negotiated between GSA & NTUA. An agreement was made for delivery of utilities services. NTUA furnishes electricity, street lighting, domestic water and sewer services. NTUA is main distributor and benefits majority of government requirements. Market surveys are not needed because NTUA is only authorized distributor of utilities on the Navajo Reservation.
Check8: Off
Check9: Off
economy:
Peculiar:
Brand Name:
Increase Competition: Navajo Tribal Utility Authority is the only authorized distributor of utilities on the Navajo Reservation, and all CSU facilities are located on the Navajo Reservation. There are no other sources authorized to provide such services to CSU.
Market Research: Navajo Tribal Utility Authority is the only one source capable of providing the services required because they are the only authorized distributor of utilities on the Navajo Reservation, and all CSU facilities are located on the Navajo Reservation.
Facts Supporting:
2020-10-01T15:14:13-0600
Kenneth Truesdale -S
2020-10-01T15:08:02-0600
Deeandra Salabye -S
2020-09-23T14:22:55-0600
Phillip H. Antonio -S

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