Notice of Intent to Award Sole Source contract for Water Quality Analytical Services to Energy Laboratories in Billings, MT

This is an advance notice announcing the intent of the Seattle District US Army Corps of Engineers to award a sole-source firm fixed-price contract to Energy Laboratories in Billings, MT, to acquire Water Quality Analytical Services. The action is authorized by FAR 13.106-1(b) Soliciting from a single source (i) For purchases not exceeding the simplified acquisition threshold.

Pursuant to FAR 13.106-1(b)(1)(i) “Contracting Officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name or industrial mobilization.)” Background: The State of Montana Department of Environmental Quality (DEQ) and Environmental Protection Agency (EPA) require any public drinking water supply and discharge to be monitored at specific intervals, and for specific contaminants.

This Act, called the Safe Drinking Water Act (1974)(1986, 1996) require agencies with public drinking water supplies to protect consumers against health effects from exposure to naturally occurring and man-made contaminants. The Contractor will be responsible for providing timely analysis and reports based on Montana DEQ criteria.

Justification: Utilizing Energy Laboratories will allow time sensitive analysis of water samples to be performed in the time constraints outlined by the State of Montana and the Environmental Protection Agency. Samples taken by qualified employees at Libby Dam are currently being sent to Energy Laboratories for analysis. Energy Laboratories is located in Billings, MT and is the only lab geographically close enough to Libby Dam to be able to process samples in the requisite timeframe.

Libby Dam samples total coliforms and E.coli on Tuesdays. The sample follows a strict timeline and is packaged and goes in the mail leaving the Project at 1200. The closest geographically located lab, Energy Laboratories, receives the package on Wednesday at roughly 1200 PM, leaving less than 6 hours to begin the analysis. If the samples arrive at the lab on Thursday, the lab will reject them. Guaranteed overnight shipping from Libby, Montana is not available to any other Montana DEQ certified lab.

Overnight service is only provided by USPS in Libby. FEDEX and UPS do not provide overnight services from Libby due to their remote location. The North American Industry Classification (NAICS) Code is 541380 – Testing Laboratories. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under authority of 13.501(a)(1)(ii). Interested persons may identify their interest and capability to respond to the requirement or submit proposals.

This notice of intent is not a request for competitive proposals. However, all proposals received within fifteen (15) days after date of publication of this synopsis will be considered by the government. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.