Limiting-Competition-under-SAT_ACC_KO signed.pdf

CUI/SP-PROCURE//FEDCON

Control No: FC-25-01

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Mission and Installation Contracting Command, Fort Campbell, Kentucky/ Tennessee.

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _______________________________ Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 25

Name of Proposed Contractor(s) and Address:

Department of Environment & Conservation______ Tennessee________________________________ 500 James Robertson Pkwy__________________ Nashville, TN 37243-1204____________________

Brand Name Buy: Yes No

3. Description of Services or Supplies: Tennessee Title V permit fee in accordance with Tennessee Annotated 1200-03 Air Pollution Control Regulations and Tennessee Annotated 1200-03-26 Administrative Fee Schedule.

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Version – February 2017

Delivery Date: 15 March 2025 Total Value: $20,709.94

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

a. Only the State of Tennessee can issue Air Quality permits in accordance with Tennessee 1200-03 Air Pollution Control Regulation and the Tennessee 1200-03-26 Administrative Fee Schedule. No other source exists.

b. Without this permit, there is a potential for a notice of violation (NOV) and monetary penalties. This could prevent Fort Campbell from operating the following permitted sources:

Gravel Stockpiles at Roads and Grounds Generators on the Tennessee side: Approximately 30 generators, including those at Fire Station Bldg. 1747 and six fire pumps for the Sabre TUAV site

Hospital: Unable to run three large boilers and three large emergency generators

AFSBN: Two spray booths for ground vehicles will not be used for painting Range 28: Operations will be halted EOC (Mann Theater) Emergency Generator: The Emergency Operation

Center will be unable to operate

Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR

5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202 ______________________.

7. Market Research: This requirement has been determined commercial IAW the definition of commercial services stated in FAR 2.101. Market Research indicates that there is at least one (1) business that is available and capable to provide this service.

Recommend this requirement be made Sole Source to the Department of Environment & Conservation Tennessee because only the State of Tennessee can issue Air Quality permits in accordance with Tennessee 1200-03 Air Pollution Control Regulation and the Tennessee 1200-03-26 Administrative Fee Schedule. No other source exists that can support Fort Campbell, KY, at this time. Offer shall be determined fair and reasonable prior to award.

8. Other Facts: None

Version – February 2017

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Gene Zirkle Date: 28 February 2025 Title: Chief, Compliance Branch

Signature:

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10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis and fair market value determined during market research.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: SFC Douglass Staub Date:

Title: Contracting Officer

Signature:

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