A02.14 Sole Source Justification under the SAT 13.106-1(b)(1)(i) Lake Ontario SAM.gov.docx

CUI

SOLE SOURCE MEMORANDUM FOR ACTIONS UNDER THE SAT

IAW FAR 13.106-1(b)(1)(i)

1. Contracting Activity: The United States Army Corps of Engineers (USACE), Humphreys Engineer Center Support Activity (HECSA)

2. Description of Action: Approval is requested for a new, firm fixed price type of contract using Civil Works Funding in the amount of $xx,xxx.xx.

3. Description of Supplies/Services: The subject requirement is for professional services entitled “Lake Ontario-St. Lawrence River Resiliency Report”. The International Joint Commission has ordered an expedited review and evaluation of the Lake Ontario - St. Lawrence River (LOSLR) Regulation Plan, Plan 2014. Funding from each of the Canadian and United States governments has been authorized for work on their respective sides of the international border with the USACE executing the United States’ portion of the work. The evaluation of Plan 2014 includes an assessment and understanding of the current state of resiliency in the Lake Ontario - St. Lawrence River basin. This assessment will set a baseline comparison for any future work likewise done to analyze the system.

In support of the Phase 2 results from the expedited review, the GLAM Committee is planning to compile a comprehensive report that showcases resiliency efforts (to fluctuating water levels and flows) in the LOSLR basin. This resiliency report will provide a catalog of resiliency initiatives across the LOSLR system to illustrate the actions implemented by the State and Provinces that are able to mitigate impacts due to water level fluctuations. The expected cost of the work under this contract is $xx,xxx.xx, ending December 31, 2024.

4. Authority Cited: 10 U.S.C. 2304(C)(1) or 41 U.S.C. 253(C)(1) as implemented in FAR 13.106-1(b)(1)(i)

5. Reason for Authority Cited: Adaptive management is a central tenet to progressive water level management policy. It requires assessment and analysis of current resiliency practices in the system to evolving targeted data collection and analysis to develop an understanding of system responses to regulated hydrodynamics for decision making. This project addresses a need to compile a comprehensive report that highlights resiliency efforts, actions, and practices in the Lake Ontario - St. Lawrence River (LOSLR) basin. This resiliency report will provide a catalogue of resiliency initiatives across the LOSLR system to illustrate the actions implemented by the State and Provinces that are able to mitigate impacts due to water level and flow fluctuations.

The identified researcher is Dr. Andrew Gronewold, a research scientist and Associate Professor at the University of Michigan, School for Environment and Sustainability (UM-SEAS), and U.S. Principal Investigator at the Global Center for Climate Change Impacts on Transboundary Waters (Global Center). Much of his research focuses on hydrological modeling, with an emphasis on propagating uncertainty and variability into model-based water resources management decisions. His specific research areas include predicting runoff in ungauged basins, monitoring and understanding water quality dynamics in coastal areas, and incorporating probability theory and Bayesian statistics into watershed-scale data sets and forecasting tools.

Dr. Gronewold is uniquely qualified to conduct this work due to his current position as the US Principal Investigator for the Global Center for Climate Change Impacts on Transboundary Waters at the University of Michigan. The Global Center is an innovative multinational endeavor committed to enhancing the resilience of at-risk communities in the face of the escalating global water crisis. The team of researchers and scientists that comprise the Global Center focuses on climate change and community resilience and is uniquely positioned to provide context and inform on the status of resiliency efforts in the complex multi-jurisdictional Lake Ontario-St. Lawrence River Basin.

Dr. Gronewold’s team will conduct research of Lake Ontario and St. Lawrence River resiliency activities within New York State to develop a comprehensive list of significant efforts to enhance resilience to fluctuating water levels. They will create a summary description of each effort, and, with support and guidance from the GLAM Resiliency Steering Committee, develop a catalog of current resilience practices. This will establish a baseline for the LOSLR system, which can help to facilitate future assessments of resilience work. The team will use a multifaceted approach to collect baseline information on the resilience work. Methods will include, but are not limited to, literature reviews, interviews, database, and internet mining.

Dr. Gronewold’s team will undertake the research and inventory of provincial/ federal/ state/ local government policies, regulations, laws, programs, reports, and documents on resiliency of the Lake Ontario - St. Lawrence River basin. Also, his team shall compile and finish the binational report of all state and provincial partnering contracts.

6. Efforts to Obtain Competition: Market research has shown that it is not possible to compete this action as University of Michigan, School for Environment and Sustainability (UM-SEAS) has a research team that specializes in this subject. However, this requirement will be synopsized on the Contract Opportunities section of the SAM.gov website for 15 days. Interested vendors were given the chance to respond to the Notice of Intent if they are capable of meeting the requirement.

7. Actions to Increase Competition: As a means of increasing competition, IWR performed market research by considering academia as well as various USACE contract vehicles, including the Blanket Purchase Agreements for Independent External Peer Reviews of Water Resource Projects, and IWR considered other entities. Due to the unique qualifications of Dr. Gronewold, especially his role in transboundary studies, it would be far more expensive and lengthier to consider another entity. This requirement is for research impacting two national governments, thus requires an entity with a proper combination of skills and experience in the subject matter area.

8. Market Research: The Global Center for Climate Change Impacts on Transboundary Waters is comprised of a binational science leadership team and advisory support from transboundary organizations. They are dedicated to fortifying the resilience of communities and ecosystems in transboundary water systems. The focus of their work is to address gaps in coordination of water resource management and the fragmented responses to changing climate that occur in transboundary watershed basins by conducting and sharing research and model development. Market research has not identified a comparable team of internationally recognized experts with a deep understanding of the physical, technical, and political challenges of climate change resiliency within the Lake Ontario – St. Lawrence River basin. Market Research indicates a sole source contract to University of Michigan, School for Environment and Sustainability (UM-SEAS) is required for this procurement.

9. Interested Sources: To date, no other sources have written to express an interest. The notices required by FAR 5.201 have been published, and no responses have been received.

10. Other Facts: None

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable, based on FAR 13.106-3(a)(2)(vi) “Comparison to an independent Government estimate”. Per FAR 15.403-1(b)(3), certified cost and pricing data is not required.

David A. Kaplan Procuring Contracting Officer Email: David.A.Kaplan@usace.army.mil

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

David A. Kaplan Procuring Contracting Officer Email: David.A.Kaplan@usace.army.mil

Approval Based on the foregoing justification, I hereby approve award of a firm fixed price contract in the amount of $xx,xxx.xx on an other than full and open competition basis pursuant to the authority of FAR 13.106-1(b)(1)(i), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

David A. Kaplan Procuring Contracting Officer Email: David.A.Kaplan@usace.army.mil

Prepared by:

Quan Nguyen Contract Specialist Email: Quan.Nguyen@usace.army.mil

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)