WBR-1406_303-1_Template-1_JOTFOC_FAR-6_4-2021_-_Valves_-_co_cco_1.pdf

140R2023P0011 Page 1 of 4

WBR 1406.303-1 Template 1

(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)).

Bureau of Reclamation, Interior Region 10 California Great Basin

Acquisition Services, Supplies and Services Branch

2800 Cottage Way

Sacramento, CA 95825

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

Firm Fixed Price Supply Acquisition utilizing FY 23 Fund under PR 40599319

3. Description of Supplies/Services (FAR 6.303-2(b)(3)). The Folsom Dam Pumps are in critical need of the new valves due to equipment failures. The estimated value of this acquisition is $358,476.00.

Line Item Qty Unit Description

1 1 EA 24” Rolling Double Disc Metal Seated Gate Valve

2 1 EA 20” Rolling Double Disc Metal Seated Gate Valve

3 3 EA 18” Rolling Double Disc Metal Seated Gate Valve

4 1 EA 30” AWWA Butterfly Valve, Class 250# Flange

5 1 EA 36” AWWA Butterfly Valve, Class 250# Flange

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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. 1901 FAR 13.501 Only one responsible source using Simplified

Acquisition Procedures (above SAT but below $7M)

☐ 41 U.S.C. 1903 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)).

There have been multiple unexpected failures at the Folsom pumping plant in the last several weeks. This is an emergency because these pumps supply water to multiple local municipalities, and with the unexpected failures, the plant is down to only 3 functioning pumps out of 7. The valves are a vital part of each pump functioning at full capacity and new valves need to be purchased as soon as possible. At this point, valve parts have been cannibalized from other valves in the plant to keep the system operational as much as possible. The lead time on these valves is significant and available sources are limited, therefore it is a priority to place our order as soon as possible in order to create conditions where the valves can be received as soon as possible. J&S Valve is the only responsive vendor who has the ability meet the Bureau’s needs based on the delivery schedule and technical specifications. As a result of market conditions and supply chain disturbances affecting industrial sized valves, J&S Valve is the best source available based on the market search conducted by the technical staff and acquisition office. Delaying this procurement by any measure has the potential to threaten health and safety due to the reduced capacity to provide water to customers.

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6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)).

A notice of this action was not posted in accordance with 5.202(a)(2)

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

Pricing will be determined fair and reasonable based on a combination of the following:

(1) Market Research (2) A comparison with similar items in a related industry (3) Any other reasonable basis

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

Due to the urgent nature of this requirement, market research was conducted solely in attempt to identify sources that could possibly deliver the needed valves faster. Two small business were contacted (Bay Valve & South West Valve), both vendors were unable to deliver faster than J&S Valve. Based on my conversation with Bay Valve, I was informed of supply chain disturbances and abnormally long lead times in the industry. Based on these conditions, vendors are experiencing challenges receiving quotes and suppliers are not being responsive to request. Bay Valve recommend that I contact J&S Valve for the valves because they couldn’t meet our needs. Due to the urgent nature of this requirement additional market research will not be conducted to identify alternative sources.

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

The technical experts at the Folsom Dam have classified this situation as emergency based on their knowledge of the equipment, life span and tolerances. Based on their determination, it is in the best interest of acquisitions and Bureau to heed their warnings and urgently expedite this action. It would not be beneficial to delay, contradict and override their urgent determination because they are in the best position to make this determination.

10. Listing of Interested Sources (FAR 6.303-2(b)(10)). Not Applicable

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

Two other small business vendors were contacted in an effort to find alternative sources.

SIGNATURES

PREPARED BY:

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CONTRACTING OFFICER (CO) (FAR 6.304(a)(1) or FAR 13.501(a)(2)(i)): (All Values)

Name: Denard M Fobbs Jr

Date: 11/1/2022

CHIEF of the CONTRACTING OFFICE (CCO) (DOI-AAAP-0024): (> $250K)

Name: Brenda Davis

Date:11/1/2022

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