Limited_Sources_Justification_Redacted_for_Posting_1.pdf

Solicitation or Award Number: 140R4025Q0035 Page 1 of 7

WBR 1408.405 - Template 1 eFile - B02

(04/2021)

LIMITED SOURCES JUSTIFICATION AND APPROVAL

For Orders or BPAs established under Federal Supply Schedules

In accordance with FAR 8.405-6, the proposed contractual action is pursuant to the statutory authority under the Multiple Award Schedule Program [Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title 40 U.S.C. 501, Services for Executive Agencies]. This template is required for all limited sources justifications over the micro-purchase threshold, including brand name.

1. Agency and Contracting Activity (FAR 8.405-6(c)(2)(i)). U.S. Department of the Interior, Bureau of Reclamation, Upper Colorado Basin, Acquisition Management Division

2. Nature/Description of Action (FAR 8.405-6(c)(2)(ii)).

The nature of this action is to justify the limitation of sources under GSA Schedules to one vendor. A brief description is as follows:

This work is highly specialized, and while GSA has a schedule of 456 vendors who can provide the same or similar services under the Multiple Award Schedules for professional services, over the last 15 years of soliciting this requirement to vendors available on the GSA Schedule, no other vendor has indicated interest in the solicitation, nor have they responded to requests for quotation. For 15 years only one vendor has consistently quoted the project and either subcontracted or partnered with another vendor on the schedule to provide the requirement.

This requirement was previously solicited in FY24 and awarded in July 2024 under The initial base period of the award was for a shortened year (July to

December), and included option years to be exercised in December for a follow-on year of service. Due to the shortened base period the program and contracting office failed to obtain the option exercise package for the first option year and the contracts performance period lapsed, effectively ending the contract. However, the need for these services still exists and the time frame to provide a new requirement through solicitation and award is less than 60 days from the start of the field season.

Based on the history of this requirement and the fact that the prior award was made 8 months ago, where in the awardee was the only offer submitted. Based on the history of the action and lack of recent competition, it is not anticipated that the market for this requirement has not changed significantly; therefore it is unlikely any other vendors would be interested in this action. Therefore, this request is to provide the limited sources justification and award to on a sole source basis for a base and four option periods.

Solicitation or Award Number: 140R4025Q0035 Page 2 of 7

(04/2021)

3. Description of Supplies/Services (FAR 8.405-6(c)(2)(iii)).

The objective of this task order is to acquire an offeror which can provide the following services in order to:

(1) conduct larval and small-bodied fish studies to quantitatively assess annual fish reproduction, spawning and nursery areas in the Colorado River downstream of the Little Colorado River in Grand Canyon (River Mile 62 from Lees Ferry)

(2) monitor razorback suckers (Xyrauchen texanus), humpback chub (Gila cypha), and possibly Colorado pikeminnow (Ptychocheilus lucius), all endangered species, in the Grand Canyon between the Little Colorado River and into Lake Mead ((River Mile ~ 300 depending on lake level)

(3) determine habitat use, relative spawning and reproductive effort, and trends of larval and small-bodied fish, especially razorback sucker, in the Colorado River downstream of the Little Colorado River to the Lake Mead inflow area.

In addition to providing an estimate of the extant population, efforts shall be made to determine the age of captured individuals and identify any recruitment pattern apparent from the population age structure.

This requirement shall have the following periods of performance:

April 15, 2025 - September 30, 2025 October 1, 2025 – September 30, 2026 October 1, 2026 – September 30, 2027, October 1, 2027 - September 30, 2028 October, 1 2028 – January 31, 2029

Estimated value of the procurement is as based on the program requirements for the various line items associated on schedule B with the program determining at option exercise which items will be exercised at specific quantities, with firm fixed unit prices.

4. Authority and Circumstance Justifying Limiting Sources (FAR 8.405-6(c)(2)(iv) and 8.405-6(c)(2)(xi)).

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

FAR 8.405-6 (a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Solicitation or Award Number: 140R4025Q0035 Page 3 of 7

(04/2021)

A. Proposed Contractor Name.

LLC (47QRAA25D002M)

B. Rationale Supporting the Circumstance to Limit Sources

This limited source justification is in accordance with FAR 8.405-6 (a)(1)(i)(C) for the following reasons:

Original Federal Schedule Supply Order Number –

The nature of this work is highly specialized. Vendors interested in this work are in a niche class, with highly specialized knowledge, skills, and experience; required endangered species permits; required laboratory facilities, accessioning and storage agreements with universities and museums, and long-standing past performance doing the same work. has continually provided superb work, often going above and beyond the requirement to provide Reclamation with duplicative science results that have formed the basis and ability to make wise decisions to support the Upper Colorado Basin and Reclamation mission mandates to provide water across the west, but also preserve and protect native species fish. has highly specialized capabilities to do this work over a long period of time. Based on the current market conditions, as demonstrated in last years competition as well as the historical lack of competition, along with subcontractor is the only offeror capable of providing the work.

Due to the Government’s error in missing the shortened option exercise period, a new contract is necessary to fulfill Reclamation’s obligations and needs. Awarding a

Authority Circumstance FAR 8.405-6 (a)(1)(i)(C)

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(b)(1) 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 needs.

Solicitation or Award Number: 140R4025Q0035 Page 4 of 7

(04/2021) follow-on requirement under limited sources is a logical step considering that the original award occurred less than 12 months ago, and at that time was and has been the only vendor to respond to this requirement for many years. When considering the total acquisition history of the requirement, combined with the most recent competitive outcome, it is apparent that along with their subcontractor, is the only vendor which would provide a quotation on a new solicitation package. The short time frame (less than one year) from the last solicitation makes it unlikely the market will have changed significantly. A new requirement would therefore be administratively expensive, require a protracted solicitation window, and would endanger another year of data as well as yielding the same outcome as before. Therefore, it is in the best of the government and for efficiency reasons as outlined above to award a limited sources procurement to

In accordance with FAR 8.405-6(a)(1)(i)(C) in the interest of economy and efficiency, it is determined that this work is a logical follow on to the original order.

The contracting officer certifies that the original order was NOT issued under a sole source or limited source procedure but obtained competition to the maximum extent practicable. Future actions will be competitive.

5. Best Value Determination (FAR 8.405-6(c)(2)(v)).

The best value determination takes into consideration the level of effort, mix of labor categories, covered supplies, materials, logistics, and subcontracts. The vendor’s technical capability, management of the project and past performance were previously discussed. The contracting officer determined the prior award ( to be in the best interest of the government for both technical and pricing reasons and the following is a discussion of that determination and why award to is in the best of the government.

1) The proposed prices, including all option periods (if applicable), were found to be fair and reasonable, based on the following:

This requirement did not include a statement of work, therefore the contracting officer relied on the price reasonableness determination previously made by GSA (FAR 8.404(d))

This requirement did include a statement of work and the contracting officer relied on the technical evaluation findings that the level of effort and mix of labor proposed were reasonable and necessary to complete this requirement. Therefore, the total price is reasonable. (FAR 8.405-2(d))

Proposed travel expenses are allowable and are in accordance with FAR 31.205-46 Proposed number of travel trips, number of people, duration, and mode of travel determined reasonable and necessary for this effort

Solicitation or Award Number: 140R4025Q0035 Page 5 of 7

(04/2021)

Additional Price-Related Considerations:

Proposed rates were validated against the vendor’s published GSA Schedule rates to ensure the rates proposed were equal to, or less than the published GSA Schedule rates.

Price reductions were requested prior to placing the order or establishing the BPA and no additional discounts were offered (FAR 8.405-4)

Price reductions were requested prior to placing the order or establishing the BPA and additional discounts were offered (FAR 8.405-4)

2) has stated that all prior pricing data and information from the prior contract will be honored. The contracting officer determined that pricing on 140R402F0049 was fair and reasonable.

3) The Technical Representative reviewed the contractors proposed labor categories, number of personnel and hours; number of personnel travelling and number of days travelled; and the quantities and types of supplies materials and equipment and found them to be reasonable.

4) The contracting officer reviewed the following sources to determine prices as fair and reasonable:

a. The Contracting Officer reviewed the labor categories for the and contracts from GSA and ensured all labor rates were in accordance with their GSA Schedule. In accordance with FAR 8.4 prices under GSA contract have already been determined fair and reasonable and therefore no additional justification is needed with regards to labor categories and the number of hours and the rates at which the vendor provided. The rates provided are fully burdened as per GSA terms.

b. The Contracting Officer reviewed travel items and found that the rates for mileage, per diem for meals and lodging, airfare, and car rental rates were all in accordance with rates approved by GSA and in accordance with Federal Travel Regulations.

c. The Contracting Officer reviewed all supplies, materials and equipment and did a market research comparison in the following manners to determine each item was reasonable.

i. Review of GSA Pricing and Regulations.

ii. Review of at least three independent vendors via market research for the same item to establish competitive market pricing.

Solicitation or Award Number: 140R4025Q0035 Page 6 of 7

(04/2021)

iii. Obtaining subcontracted vendor quotations to demonstrate they had awarded subcontracts to the vendor with the best value.

iv. Reviewing acceptable escalation rates based on the Bureau of Labor Statistics Consumer Price Index Rate of Inflation.

No price reductions were negotiated as all rates were determined to be either in line with commercial rates or in accordance with the GSA Schedule rates.

In consideration of technical capability and expertise, management of the project, and past performance, combined with pricing that has been determine fair and reasonable, the contracting officer determines that award to is in the best interest of the government.

6. Description of Market Research (FAR 8.405-6(c)(2)(vi)).

The current requirement is being requested to be justified as a limited sources requirement under the Federal Acquisition Regulation 8.4 due to being both a highly specialized and unique source as well as being a logical follow on to a prior solicited requirement in the last 12 months. The reason for the request is that only one source has provided quotation on the requirement over the last 15 years. It is not believed that the market will have changed significantly from the prior research done.

Based on the 15-year history of the procurement this is a highly specialized project with very few vendors who would express interest in the project. The technical specialists on this project provided three GSA vendors which could provide the required services as part of their customer market research. All three are on a GSA Multiple Award Schedule (MAS) for the NAICS code of 541620. All three are listed as small businesses.

The results of the prior solicitation, which was awarded as demonstrated that of the three vendors who would likely quote on this project, one vendor ( ended up partnering with one of the other vendors ( to provide this service. The other vendor (Marsh) did not quote the project at all and no other vendors of the 456 available on the schedule indicated an interest, or stated they did not provide these types of services, or it was not within their geographic region of expertise.

7. Any Other Supporting Facts (FAR 8.405-6(c)(2)(vii)).

NA