Notice_of_Intent_to_Sole_Source_1.docx

DOCX document 18 KB Posted

Attached to
FKC MRCCP PHASE I MITIGATION CREDITS Federal contract opportunity
Solicitation number
140R2024Q0132
Issued by
Department of the Interior Bureau of Reclamation

About this file

This document is a Notice of Intent to Sole Source for the purchase of compensatory mitigation credits for the Friant Kern Canal Middle Reach Capacity Correction Project Phase 1 construction impacts. The Bureau of Reclamation intends to award a firm fixed price contract to the National Fish and Wildlife Foundation (NFWF) to provide these credits through the Sacramento District California In-Lieu Fee Program, which was developed in compliance with the 2008 Final Rule on Compensatory Mitigation for Losses of Aquatic Resources. The statutory authority for other than full and open competition is 41 U.S.C. 1901, which allows for the use of Simplified Acquisition Procedures for a procurement with only one responsible source. Firms that believe they have the technical capability to meet this need are instructed to submit a technical capability statement and business profile to the Bureau of Reclamation within 15 days of the notice. Quotations or proposals will not be accepted as this is not a request for proposal.

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Special Notice Notice of Intent to Sole Source This is not a solicitation. This is a notice of intent to award a single source procurement under NAICS code 813312. The Bureau of Reclamation will solicit and award a firm fixed price contract award to National Fish and Wildlife Foundation (NFWF) for the purchase of compensatory mitigation credits for the FKC Middle Reach Capacity Correction Project Phase 1 construction impacts.

These credits are through the Sacramento District California In-Lieu Fee Program which was developed in compliance with the 2008 Final Rule on Compensatory Mitigation for Losses of Aquatic Resources (33 CFR Parts 325 and 332; 40 CFR Part 230) . The Rule was issued by the U.S. Army Corps of Engineers (USACE) and U.S. Environmental Protection Agency (EPA) on April 10, 2008.

The Program was approved for use by the USACE Sacramento District, the EPA, the National Marine Fisheries Service, the State of California Water Resources Control Board, the Central Valley Regional Water Quality Control Board, and the Lahontan Regional Water Quality Control Board, for impacts authorized by any of these regulatory agencies under:

the Clean Water Act, the Rivers and Harbor Act, the Porter-Cologne Water Quality Control Act, the Endangered Species Act, and other applicable laws.

The Program operates by making available mitigation credits (Credits) for purchase by permittees (with the approval of the applicable regulatory agencies), which Credits may be used to satisfy the compensatory mitigation requirements applicable to such permittees for their impacts to aquatic resources (often referred to generally as wetlands).

The U.S. Army Corps of Engineers (USACE) drafted a Clean Water Act (CWA) 404 permit to Reclamation which requires the purchase of an additional .68 aquatic resource credits NFWF Sacramento District California in lieu Fee Program for the Kern River Watershed Service Area.

The statutory authority for other than full and open competition is 41 U.S.C. 1901, Only one responsible source using Simplified Acquisition Procedures (above SAT but at or below $7.5M). A Justification for Other than Full and Open Competition has been prepared in support of this acquisition. If firms believe they have the technical capability to meet this need, submit a technical capability statement along with business profile to Roxana Ahola at rahola@usbr.gov within fifteen days of this notice. Any information received will be treated as market research information towards future similar or same requirements. Quotations or proposals received in response to this notice will not be accepted since this notice is not a request for proposal.

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