B03_57_Redacted_Sole_Source_JOFOC_1.docx

140R1721P0025 Page 3 of 3

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 and development of the Lewiston Orchards Project (LOP) Title Transfer Agreement and Memorandum of Agreement (MOA) between the Bureau of Indian Affairs (BIA), Nez Perce Native American Tribe (Tribe), Lewiston Orchard Irrigation District (LOID), and the Bureau of Reclamation (BOR). For the past 2 years, Ed Sheets Consulting has served as the lead expert facilitator for the BOR, Nez Perce Tribe, and LOID regarding the implementation of the MOA and Title Transfer Agreement. These services included providing facilitation and related decision support services; leading or facilitating group briefings and discussions to enable focused decision making; maintaining written or recorded records of meeting content and preparing and providing draft updated Work Plans and Title Transfer Agreements.

The original period of performance (POP) was for a base plus one option year, however, due to a series of very complex legal and factual issues that involved extensive negotiations and discussions, both internal to the Government and with external partners relating to the details of the proposed project, an extension to the contract is necessary. The series of events that led to the need for the extension of the contract were unforeseen at the time of contract award. The modified POP will be from 03/25/21 to 03/24/25. The following table captures the extended period of performance and total estimated cost for this extension:

Total Cost

Estimated Additional Cost

Total Estimated Cost

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

The current contract, 140R1721P0025, was awarded on 03/25/21 as a single source to Ed Sheets Consulting. Ed Sheets is identified as a subject matter expert and has been providing 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.

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. Sheets’ 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.

5. Determination of Fair and Reasonable Price.

Fair and reasonable pricing will be determined using a combination of a comparison of proposed prices found reasonable on previous purchases and a comparison with similar items in a related industry in accordance with (FAR 13.106-3(a)(2).

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

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

Name: Jeri Wahl

WBR 1413.106-1 Template 1 (11/2020) image1.emf image2.emf