A.02SoleSource Warm Springs WPKK_Redacted.pdf

Control No. OJL-22-0027 v4, 5 Jan 2015; previous version obsolete

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $750K)

1. Agency/Contracting Activity: U.S. Army Corps of Engineers, Portland District, 333 SW 1st

Ave #200, Portland, OR 97204

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds:

Proposed Contractor:

Name: Warm Springs Geo Visions PO Box 460 Warm Springs, Oregon 97761

(541) 553-3565

3. Description of Services or Supplies:

The total estimated value of the proposed action is

Background:

The U.S. Army Corps of Engineers (USACE) 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 Federal Columbia River Power System (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.

Services:

This acquisition is for the contribution of traditional knowledge and input from the Confederated Tribes of the Warm Springs Reservation of Oregon as part of assisting the Corps with National Historic Preservation Act Sections 106 & 110 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 three optional years.

Control No. OJL-22-0027 v4, 5 Jan 2015; previous version obsolete

4. Authority:

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), 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)

FAR 13.501(a)(1): For actions for commercial supplies or services greater than the SAT but not exceeding $7M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is the Test Program for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903)

5. Reasons for Authority Cited:

Justification: Warm Springs Geo Visions, on behalf of the CTWSRO, possesses unique knowledge of their ancestral artifacts, village sites, prehistoric burial areas, and areas of traditional cultural properties and resources that exist within and overlap the project area

Impact: Failure to utilize the CTWSRO’s knowledge of its cultural resources would delay the Corps 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, government relations with the Confederated Tribes of the Warm Springs Reservation of Oregon would be negatively impacted.

Alternatives: There are no known alternatives for these services that possess the knowledge of Warm Spring tribal history or could speak on their behalf. NHPA requires consultation with Indian tribes and the Warm Springs Geo Vision cultural resources program is the entity Warm Springs has authorized to represent them.

6. Actions to Increase Competition:

A Special Notice – Notice of Intent – will be posted on SAM.gov on 16 May 2022 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 for these services available that possesses the knowledge of Warm Springs tribal history.

Furthermore, these services are discussed at the FCRPS WPKK Cooperating Group meetings held monthly. These meetings include participants from the Bonneville Power Administration, the Corps, the CTWSRO, 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 possess the knowledge of the CTWSRO’s tribal history, or which can speak on the tribe’s behalf.

There are no known alternatives for these services that possess the knowledge of the CTWSRO’s tribal history or could speak on their behalf.

7. Market Research:

Market research was conducted by the following means: reviewing procurement history in the Paperless Contracting File (PCF), posting a notice of Intent to Sole Source on FBO, conducting a small business administration (SBA) Dynamic Search, and assessing mandatory sources in