WBR-1406_303-1_Template-1_JOTFOC_JD_signed_1.pdf

Award Number: 140R4026P0085 Page 1 of 5

WBR 1406.303-1 Template 1 eFile - B02

(06/2026)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

Updated IAW Revolutionary FAR Overhaul 6 and DOI-AAAP-F006 Updated IAW Revolutionary FAR Overhaul 13 and DOI-AAAP-F013

In accordance with Revolutionary FAR Overhaul 6.103, 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 sole source IAW GSAM/R 538.7104-3 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.104-1(a)(1)). (U.S. Department of the Interior, Bureau of Reclamation, Upper Colorado Basin, Acquisition Management Division.

2. Nature/Description of Action (FAR 6.104-1(a)(2)). The Four Corners Construction Office (FCCO) requires electric utility service to support a temporary pumping system essential for facility operations and maintenance. FCCO will be responsible for both the payment and oversight of the electric service at the river intake facility located at 3895 US-64, Fruitland, New Mexico 87416. This is a Firm-Fixed Price contract, and no-year funds will be used.

3. Description of Supplies/Services (FAR 6.104-1(a)(3)).

Service: Continuous standard commercial electricity delivery to support daily operations.

Period of Performance: September 1, 2026, through October 31, 2028 (26 months).

Total Estimated Value: $390,000.00 (estimated billing of $15,000 per month).

Potential Extension: Up to 10 years through GSA delegated authority approval

Statutory Authority Permitting Other than Full and Open Competition (FAR 6.104- 1(a)(4)). (Check one)

Authority FAR Coverage Application 41 U.S.C. 3304(a)(1) FAR 6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements 41 U.S.C. 3304(a)(1) FAR 6.103-1(d) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.103-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.103-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.103-4 International Agreement

41 U.S.C. 3304(a)(5) FAR 6.103-5 Authorized or required by statute

41 U.S.C. 3304(a)(6) FAR 6.103-6 National Security

41 U.S.C. 3304(a)(7) FAR 6.103-7 Public Interest

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1. Demonstration of Contractor’s Unique Qualifications (FAR 6.104-1(a)(5)).

The Government requires continuous and reliable electric service for its facility located within the service territory of the City of Farmington. The Government's minimum requirement is the uninterrupted delivery of electric power to support daily operations and ensure mission continuity.

The proposed contractor is the City of Farmington, through the Farmington Electric Utility System (FEUS). FEUS is municipally owned and it operates, maintains the electric generation, transmission, distribution and metering in its established service territory. City of Farmington establishes the terms and conditions under which electric service is furnished.

The temporary pumping system located at 3895 US-64, Fruitland, New Mexico is physically interconnected to the City of Farmington’s electric distribution system.

Because the City of Farmington owns and operates the electric distribution infrastructure serving the river intake facility, no other electric utility can provide electric service to this location making the City of Farmington uniquely qualified to provide this service. Due to exclusive ownership and regulatory restrictions, no other electric utility is permitted or able to serve this facility. Procuring electric services from another source would require construction of an entirely separate distribution system and would be impracticable and not cost effective.

Any interruption or delay in obtaining electric service would adversely affect Government operations by compromising facility operations and creating risks to Government property. Therefore, full and open competition is not possible because no other responsible source exists that can satisfy the Government's minimum requirements.

Award to the City of Farmington, New Mexico is justified IAW FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. In addition, this requirement is not based on any proprietary technology or on any follow-on acquisition.

2. Description of efforts made to maximize competition (FAR 6.104-1(a)(6)).

Market research determined that only the City of Farmington through its Farmington Electric Utility System (FEUS) can provide continuous electric service to its facilities.

The river intake facility located at 3895 US-64, Fruitland, New Mexico facility is located within City of Farmington's municipal territory and connected to its system. No other utility has the infrastructure or authority to serve this location without duplicating facilities and agreements, which would be impractical and uneconomical.

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A public notice will be issued per FAR 5.101. Responses will be evaluated for capability.

So far, market research confirms City of Farmington is the sole provider able to meet requirements.

The Government explored competition but found full and open competition is not feasible since City of Farmington is the only authorized and capable supplier in its municipal service area.

3. Determination of Fair and Reasonable Cost (FAR 6.104-1(a)(7)).

A fair and reasonable cost will be determined by comparing the electric service costs of three other utility companies near Farmington, NM: Navajo Tribal Utility Authority (NTUA), City of Aztec, and Jemez Electric Co-Op. Factors such as per kilowatt usage rates, monthly customer charges, and other fees will be reviewed. The findings will be summarized in a price reasonableness memorandum, following FAR price analysis techniques outlined in FAR 15.404-1(b)(2), specifically involve comparing proposed prices with those for similar services from local utility providers to ensure a full evaluation.

4. Description of Market Research Conducted (FAR 6.104-1(a)(8)).

Email and phone contact was made with Navajo Tribal Utility Authority (NTUA), Jemez Electric Co-Op and City of Aztec as to whether they might possibly service the location of 3895 US-64, Fruitland, New Mexico 87416 since they utility companies that surround and are in close proximity of the requirement location. Aztec and Jemez Electric Co-Op responded that the area in question is not in their electric service district and suggested the City of Farmington. The City of Farmington, contracts manager, confirmed they do provide utility service at this location and are currently providing electric services to a construction company at this location. I spoke with FCCO contract administration, and they confirmed that FCCO will be taking over electric service billing for the river intake facility at that location. NTUA customer service agent confirmed by email that this location is serviced by the City of Farmington. NTUA does operate heavily in the surrounding region and manages other utilities (like water and wastewater) for the adjacent Upper Fruitland area; however, the physical retail electric distribution infrastructure and legal service franchise for the Fruitland area belong exclusively to the City of Farmington. This is because the community of Fruitland sits primarily on the north bank of the San Juan River, placing it outside the official boundaries of the Navajo Nation reservation. NTUA's electric distribution mission lacks legal jurisdiction and physical transmission network to cross the river to service Fruitland, NM.

Market research confirmed that 3895 US-64, Fruitland, NM sits entirely within the exclusive, legally protected service footprint of the City of Farmington. Under New

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Mexico state law and New Mexico Public Regulation Commission (NMPRC) frameworks, City of Farmington maintains exclusive franchise rights to provide retail electric service within its designated estimated 1,700 square-mile utility footprint, which encompasses Fruitland, NM.

A good-faith effort was made to identify and evaluate alternative strategies that could increase the level of competition for this requirement. Because the facility is located within a non-deregulated state utility footprint with strict territorial boundaries, introducing immediate open-market competition for the current procurement cycle is legally and physically impossible.

5. Any Other Supporting Facts (FAR 6.104-1(a)(9)).

The examples identified in FAR 6.104-1(a)(9), including proprietary technical data, follow-on development costs, and unusual and compelling urgency, are not applicable to this acquisition. The requirement is recurring and represents a continuation of normal utility service rather than a new requirement.

6. Listing of Interested Sources (FAR 6.104-1(a)(10)). There is no listing.

7. Actions Taken to Remove Barriers to Competition (FAR 6.104-1(a)(11)).

The requirement was assessed for possible competition barriers. The lack of competition stems from the river intake facility’s location within the City of Farmington's municipal electric service area. Market research shows no other providers have the authority or infrastructure to supply electric services to the river intake facility. The Government will regularly review this requirement for any future opportunities to promote competition.

SIGNATURES

PREPARED BY:

Name: Philoma Singer

Date:X

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CONTRACTING OFFICER (CO) (FAR 6.104-2(a): (All Values)

Name: Philoma Singer

Date:

CHIEF of the CONTRACTING OFFICE (CCO)

(DOI-AAAP-0024): (> $350K)

Name: James Durrant

Date:

X

X