A.02_SSD FY22 Nez Perce Technical Services KO Signed.pdf

Control No. OJL-22-0022

SINGLE SOURCE DETERMINATION

FCRPS Nez Perce Tribe Technical Services FY22, Base Year + 4 optional years

Lapwai, Idaho

1. CONTRACTING AGENCY:

Northwestern Portland District, U.S. Army Corps of Engineers (Corps), Contracting Division, 333 SW First Avenue, Portland, OR 97204-3495.

2. DESCRIPTION OF ACTION:

This will be a firm-fixed price (FFP) service single source procurement to the Nez Perce Tribe for technical services to support the Federal Columbia River Power System (FCRPS) Cultural Resources Program, Wana Pa Koot Koot.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

This acquisition is for the contribution of traditional knowledge and input from the Nez Perce Tribe as part of assisting the Corps with National Historic Preservation Act Section 106 and110 compliance. These services are for contribution of traditional knowledge in support of Wana Pa Koot Koot (WPKK) Cooperating Group meetings and site visits under the authority of the NHPA, 54 U.S.C. 300101.

The period of performance in for one base year and four optional years.

4. AUTHORITY CITED:

FAR 13.106-1 Soliciting Competition.

(b) Soliciting from a single source.

(1) For purchases not exceeding the simplified acquisition threshold.

(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).

5. REASON FOR AUTHORITY CITED:

a. Background: The U.S. Army Corps of Engineers (USCE) and the Bonneville Power Administration (BPA) (Agencies) are jointly responsible for compliance with Section 106 of the National Historic Preservation Act (NHPA) under the terms of the 2009 Systemwide Programmatic Agreement (SWPA) for management of historic properties affected by operations of the FCRPS. The USACE, Northwestern Portland District manages The Bonneville, The Dalles, and John Day Projects, which are part of the FCRPS. The FCRPS Cultural Resource Program works closely with interested and affected tribes, State Historic Preservation Offices (SHPOs), and other agencies for cultural resource management in compliance with Section 106 of the NHPA.

b. Justification: The Nez Perce Tribe possesses unique knowledge of its ancestral artifacts, village sites, prehistoric burial areas, and areas of traditional cultural properties and resources that exist within and overlap the project area.

c. Impact: Failure to utilize the Nez Perce Tribe’s knowledge of its archeological sites and resources would delay the USACE in being able to make required long term management strategies for the area and impact compliance with NHPA Section 106 under the terms of the 2009 Systemwide Programmatic Agreement for management of historic properties affected by operation and maintenance of the FCRPS. Furthermore, the Government relations with the Nez Perce Tribe would be negatively impacted.

6. EFFORTS TO OBTAIN COMPETITION:

A Special Notice – Notice of Intent – will be posted on SAM.gov for 15 days in an effort to determine whether or not any new or previously unidentified sources are now available who would be capable to complete the tasks associated with this requirement. There has been no input from another source available for these services that possesses the knowledge of Nez Perce Tribe tribal history.

These services are discussed at the FCRPS WPKK Cooperating Group monthly meetings. These meetings include participants from the Bonneville Power Administration, the USACE, the Confederated Tribes of Warm Springs of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes and Bands of the Yakama Nation, and the Nez Perce Tribe. No member participating in these meetings has stated there are other sources available which possesses the knowledge of the Nez Perce Tribe’s tribal history, or which can speak on the tribe’s behalf.

There are no known alternative sources for these services which possesses the knowledge of the Nez Perce tribal history or can speak on the Tribe’s behalf. NHPA requires consultation with Indian tribes, and the cultural resources program is the entity the Nez Perce Tribe has authorized to represent them.

7. Fair and Reasonable Price:

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on the comparison of the offeror’s quote to the Independent Government Estimate (IGE), market research, and pricing obtained through previously awarded orders for the same or similar items. Both the validity of the comparison and the reasonableness of the previous pricing have been established.

8. MARKET RESEARCH:

USACE is conducting market research by the following means: Reviewing the procurement history in the Paperless Contracting File (PCF) system and FPDS-NG, posting a Special Notice – Notice of Intent on SAM.gov, and assessing mandatory sources in accordance with FAR Part 8.

Due to the uniqueness of this requirement, soliciting proposals from sources other than Nez Perce Tribe is not a viable option. The project requires technical expertise and access to unique and confidential information held only by the Nez Perce Tribe, a federally recognized tribe as identified in 84 Federal Register 1200.

As set forth in Section 9 below, this is a recurring requirement which was awarded as a single source requirement to the Nez Perce Tribe twice in the last two years in accordance with Federal Acquisition Regulation 13.106-1(b)(1). At the time of solicitation for the two contracts listed below there were no mandatory sources available which could provide the required services. In addition, the Nez Perce does not hold a GSA schedule contract.

9. OTHER SUPPORTING FACTS:

Procurement History:

W9127N-21-P-0077 Awarded 20 September 2021 W9127N-19-P-0106, P0001 Awarded 25 August 2020 W9127N-19-P-0106 Awarded 25 September 2019 W9127N-18-F-0071 Awarded 9 September 2018 W912EF-15-D-0008, Delivery order DT02 Awarded 10 March 2017 W912EF-15-D-0008, Delivery order DT01 Awarded 19 January 2016

10. OTHER INTERESTED SOURCES:

11. TECHNICAL CERTIFICATION:

I certify that the supporting data included within this determination which is under my cognizance is accurate and complete to the best of my knowledge and belief.

Name: Kristen Scheidt Title: District Archaeologist Electronic Signature: ______________________________

12. CONTRACTING OFFICER CERTIFICATION:

Based on the foregoing determination, I hereby approve the procurement of the services described above using other than full and open competition in accordance with FAR 13.106-1(b), subject to the availability of funds, and provided the services described herein have otherwise been authorized for acquisition.

I certify that this Single Source Determination is accurate and complete to the best of my knowledge and belief.

Name: Brandon M. Lasich Title: Contracting Officer Electronic Signature: ______________________________