Sole Source JA.pdf

Fair and Resonable Price to the Government (Include a statement that the Contracting Officer will determine the prices to be fair and reasonable based on applicable price analysis techniques)

Price analysis

Market Research (Was market research conducted? As a result of a sources sought synopsis on FBO.gov, if conducted, did the agency receive anj responses? If so, state that the responses will be evaluated. Who responded to the survey, were they qualified, if not, why not? Did the end user conduct any kinc of internet search or industry search to determine sources?)

Time constants to due to urgency to start repairs limited market research.

Yes No Previous contract? If Yes, provide contract number:

Yes No Action completed? If No, summarize rational and provide FAR authority cited:

Any Other Documentation to Support the JOFOC (Usually Not Applicable (N/A) but if applicable, include an explanation of why technical data packages, specifications, engineering descriptions, statements of work, or product descriptions suitable for full and open competition have not been developed o, are not available)

Contracted Plant Operator Veolia is best suited to perform the replacement construction ofJBl as they provided the initial concept study and design for this work. No other market research has been performed.

List of Sources, if any, That Expressed, In Writing, an Interest in the Acquisition (Did any sources express an interest in the requirement, hov many, name of who replied/showed interest? if nobody showed any interest, enter statement: “No sources expressed, in writing, an interest in the acquisition”)

N/A

Action(s) to be Taken, if any, to Remove or Overcome and Barriers to Competition Before any Subsequent Acquisition for the Supplies or Services Required (Explain how the acquisition will be competed for future acquisitions. If not possible, explain that the requirement wil remain a sole source and why)

Subsequent acquisitions for similar service or supplies and not considered urgent will be open to public bidding.

Statement That the Requirement does not Result From a Lack of Planning or the Expiration of Funds (Simple statement - “This requirement does not result from a lack of planning or the expiration of funds.”)

This requirement does not result from a lack of planning or the expiration of funds.

Technical/Requirements - I certify that the justification is accurate and contains complete data necessary to support the recommendation for a sole source.

Name Title Sianature Date I. SDFO Area Operations Manager Jul 19, 2023

Contracting Officer - I certify that this submission is accurate, and that it contains complete information necessary to enable Approving Officials to make an informed recommendation for approval or disapproval.

Name Title Signature Date Philip Johnson Contracting Officer ,_

Jul 19, 2023

Bureau Competition Advocate (Over $700,000)

Name Title Signature Date Philip Johnson Lead Contract Specialist .. .j Jul 19,2023

Head of Procuring Activity (Over $73,500,000)

Name Title Signature Date

Senior Procurement Executive (Over $68,000,000)

Name Title Signature Date

IBWc Form 355 (ACQ) 02/2016 Page 2 of 2

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

I recommend the use of other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

Requisition Number (If there are multiple requisitions, list each one and include the $ amount of each requisition with a total at the end)

20234301007

Description of Item(s) to be Purchased (Include brief description of the products or services to be purchased. For products, include quantity and name each item, brand name (if applicable), and model number (if applicable))

Replacement construction oIJB1

Period of Performance (Include estimated delivery time for products. Include entire period of performance period for services; EXAMPLE: October I, 2015 September 30, 2016 or October 1, 2075- September 30, 2018 (base and two one-year option periods). If exact start date is unknown please insert “date of awar through...”)

July 21, 2023 -20 August 2025

Cost Estimate (If requirement has options state the base amount and list each option year amount separately with a total cost at the end) $5,793.1 10.00

Name(s) of Proposed Source(s) (Include Name, Street Address, City, State, and Zip Code for proposed source; If brand name, proposed source would be TBD if there are multiple resellers who are available to sell the brand name product)

Veolia Water West Operations 53 State St STE 14 Boston, MA 02 109-3205

Statutory Authority (Select one)

D FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements. Citations:

10 U.S.C. 2304(c)(1) or4l U.S.C. 3304(a)(1).

FAR 6.302-2 Unusual and Compelling Urgency. Citations: 10 U.S.C. 2304(c)(2) or4l U.S.C. 3304(a)(2).

D FAR 6.302-3 Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services. Citations: 10 U.

S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3).

FAR 6.302-4 International Agreement. Citations: 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4).

FAR 6.302-5 Authorized or Required by Statute. Citations: 10 U.S.C. 2304(c)(5) or4l U.S.C. 3304(a)(5).

FAR 6.302-6 National Security. Citations: 10 U.S.C. 2304(c)(6) or4l U.S.C. 3304(a)(6).

FAR 6.302-7 Public Interest. Citations: 10 U.S.C. 2304(c)(7) or4l U.S.C. 3304(a)(7).

Reason for Authority Cited (A JOFOC isa stand-alone document. The rationale shall be thoroughly explained in this section.)

Contracted Plant Operator Veolia is best suited to perform the replacement construction of JB1 as they provided the initial concept study and design for this work. It is urgent that the replacement construction ofJBl be started and completed as quickly as possible so control of flows into the SBIWTP (Plant) can be restored to design and NPDES Permit levels. The ongoing excess flows since July 31,2022 and MX pipeline PB1 A failure continue to accelerate above normal wear and tear on the Plant that further increases the costs of operations and

Effort Taken to Solicit from Potential Sources (A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies) time constants to due to urgency to start repairs limited market research including finding potential sources.

IBWC Form 355 (ACQ) 02/2016 Page 1 of 2