04_Sole_Source_JOFOC_2.pdf

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WBR 1413.106-1 Template 1 (11/2020)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity.

U.S. Department of the Interior, Bureau of Reclamation Columbia Pacific Northwest Region Grand Coulee Acquisition Group Hwy 155, Warehouse B, Door 6, Industrial Area Grand Coulee, WA, 99133

2. Name and Address of Single Source.

Edward W. Sheets Ed Sheets Consulting 4545 Sand Point Way, NE #801 Seattle, WA 98105

3. Description of Supplies/Services and Estimated Cost.

This acquisition is for facilitation services for the implementation of the Work Plan and development of the Lewiston Orchards Project (LOP) Title Transfer Agreement under the Term Sheet Agreement between the Nez Perce Native American Tribe, National Oceanic and Atmospheric Administration (NOAA) Fisheries, and Bureau of Reclamation (BOR). Ed Sheets Consulting will serve as the lead expert facilitator for the BOR, Nez Perce Tribe, NOAA Fisheries and the Lewiston Orchard Irrigation District (LOID) regarding the implementation of the Work Plan and Title Transfer Agreement, and will attend and facilitate negotiation meetings in the cities of Lewiston and Boise Idaho, as agreed to by the negotiating parties; provide facilitation and related decision support services; lead or facilitate group briefings and discussions to enable focused decision making; maintain written or recorded records of meeting content and prepare and provide draft updated Work Plans and Title Transfer Agreements. The period of performance will be for a base plus one option year. The following table captures the proposed period of performance and total estimated cost for this requirement:

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Year Period of Performance Estimated

Cost Base Year April 01, 2021 – March 31, 2022 $56,660.00 Option Year 1 April 01, 2022 – March 31, 2023 $53,120.00 Estimated Cost $109,780.00

4. Description of Circumstances, including why only one source is reasonably available.

In 2009, Ed Sheet Consulting provided facilitation services to BOR, the Bureau of Indian Affairs (BIA), Office of the Regional Solicitor and the US Department of Justice (DOJ) in the matter of the Snake River Basin Water Adjudication. The continued services of Ed Sheets Consulting are needed to help the United States manage communications among negotiating parties (US, Nez Perce Tribe, and the Lewiston Orchards Irrigation District), channel and balance subject matter discussions and manage time and schedule conflicts (due to litigation stay order timeframes). Ed Sheets Consulting’s extensive knowledge of Columbia-Pacific Northwest Regional water rights negotiation, settlements and litigation makes him uniquely qualified to provide the services required. Additionally, Mr. Sheets worked with US agencies in matters of the Klamath River Basin-wide Settlement, the Snake River Basin Water Adjudication in 2004/2005 and the Nez Perce Water Rights Negotiations in 2007.

Ed Sheets Consulting has worked with BIA and the US DOJ for over 15 years in negotiation, litigation, and dispute resolution efforts involving Indian water rights. Recently, Mr. Sheets has facilitated/mediated negotiations between the Confederated Salish and Kootenai Tribe and the state of Montana. Mr. Sheets’ services are required for this requirement in order to maintain vital continuity of knowledge associated with ongoing Snake River Basin adjudication proceedings.

Mr. Sheet specialized knowledge of the principles of negotiation, litigation and dispute resolution coupled with his understanding of the discussion and communications necessary between the parties involved for the success of the Snake River Basin Water Adjudication process, make him uniquely qualified to provide the services required. No other entity currently possesses the critical subject matter expertise, skills and abilities to satisfy this requirement

Ed Sheets Consulting has over 30 years of experience working with a broad range of organizations. He has helped build clear goals and strategies to improve the effectiveness within an organization(s). Since 1996, Mr. Sheet has worked with Government Agencies and non-profit organizations providing facilitation services, strategic planning and analyses on a range of energy and environmental issues, including:

• Facilitator for the Klamath Basin Settlement. Successfully facilitated and mediated an agreement among 45 organizations, including 7 federal agencies, the states of Oregon and California, PacifiCorp, 3 Indian Tribes, numerous water-user groups, environmental organizations and fisherman organizations. Mr. Sheets’ services on this settlement

140R1721Q0033 Page 3 of 4 helped resolve a range of complex water, power, and fish and wildlife issues in the Klamath River Basin.

• Facilitator for the Snake River Basin Water Adjudication Process. Successfully facilitated a process involving 9 federal agencies, the state of Idaho, the Nez Perce Tribe, 62 cities and towns and 78 irrigation districts which implemented a complex settlement of water rights claims and Endangered Species Act issues.

5. Determination of Fair and Reasonable Price.

Fair and reasonable pricing will be determined in accordance with FAR 13.106-3(a)(2)(ii) comparison of the proposed prices with prices found reasonable on previous purchases. Ed Sheets Consulting has been awarded several previous contracts for the same type of services;

the previous pricing from past contract actions will be used to determine price reasonableness for this action.

A comparison with similar items in a related industry in accordance with (FAR 13.106- 3(a)(2)(iv), using GSA pricing schedules for similar services will also be used to determine price reasonableness.

6. Description of Market Research.

FAR Subpart 10.001, paragraph (a)(2) directs agencies to conduct market research appropriate to the circumstances. Although there are other companies that could provide this service, the circumstances surrounding the adjudication of Native American water rights are unique in each instance, as a result of many factors, including the geographical location of the reservation, the history of the tribe and the legal venue in which the right is being adjudicated. Ed Sheets Consulting has previous experience on this subject matter and procuring facilitation services from any other company would increase costs to the Government by duplication of work needed to review and provide documents already produced.

SIGNATURES

PREPARED BY:

Name: Jeri Wahl

Date: 03/03/21

CONTRACTING OFFICER (CO) (FAR 13.106-1(b)):(All Values)

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Name: Jeri Wahl

Date: 03/03/21

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