Sole Source BNSF Onsite inspector for the replacement of Bridge 8085

Project Description: NOTICE OF INTENT TO AWARD A CONTRACT WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS
This is NOT a request for competitive solicitation. This is a public notice for comment regarding a proposed procurement without engaging in a standard procurement process if it is determined that the following exist:
-There is only one source for the procurement item.
-There is only one vendor who can reasonably provide the product or service.
McKinley County is requesting a sole source procurement with BNSF Railway Company for the services of a certified inspector coordinator for the replacement of Bridge 8085, located within a BNSF Right-of-Way (ROW). The following provides the justification for this sole source request:
Project Overview
McKinley County has received funding for the replacement of Bridge 8085, which is situated within the BNSF ROW. To perform construction work within this ROW, the County is required to enter into an Underpass Agreement with BNSF Railway Company.
Per the terms of the Underpass Agreement, McKinley County must engage a BNSF-employed, certified inspector coordinator to oversee and coordinate inspection tasks during the construction of Bridge 8085 within the BNSF ROW. The agreement explicitly mandates that only a BNSF-certified employee is authorized to perform these inspection and coordination duties. No other firm or individual is permitted to fulfill this role, as the certification and approval process is exclusive to BNSF employees.
Due to these contractual and operational requirements, competitive bidding or hiring an external firm is not feasible. The Underpass Agreement is a prerequisite for any construction activities within the BNSF ROW, and compliance with its terms, including the use of a BNSF-certified inspector coordinator, is mandatory to proceed with the bridge replacement project.
The services of a BNSF-certified inspector coordinator are uniquely available through BNSF Railway Company, making sole source procurement necessary to meet the requirements of the Underpass Agreement and ensure the successful replacement of Bridge 8085.