BOR_Consolidation_Determination_-_SADD_IDD_Improvements_D-B_3.pdf

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Department of Interior

Contract Consolidation Determination and Findings

Instructions: Complete each section then remove italicized, red text before finalizing.

1. Purchase Request Number: 40562846

2. Solicitation Number: 140R4022R0007

3. Contracting activity/agency: Bureau of Reclamation / UC Region / Albuquerque Area Office

4. Project Name: San Acacia Diversion Dam and Isleta Diversion Dam Improvements Design-Build

5. Description of supplies or services required to meet agency needs.

The Bureau of Reclamation seeks contractor services to provide Design-Build services at two separate sites, San Acacia and Isleta diversion dams.

SAN ACACIA DIVERSION DAM

Reclamation intends to implement fish passage at the San Acacia Diversion Dam (SADD) to facilitate upstream movement of the federally endangered Rio Grande Silvery Minnow (RGSM) and reconnect habitat that is currently fragmented by the diversion dam. The SADD is located within Socorro County, New Mexico on the reach of the Rio Grande between the communities of Belen and Socorro, about 16 miles north of Socorro.

ISLETA DIVERSION DAM

At the Isleta Diversion Dam (IDD), Reclamation intends to implement fish passage to allow upstream movement of the RGSM and restore river connectivity as well as to implement sediment management improvements for the sluiceway on the east side of the dam. The IDD is located on the Rio Grande within Pueblo of Isleta lands, about four miles south of Albuquerque.

(1) Type of contract: Design-Build

(2) $16,000,000.00

(3) Duration of contract: Four (4) years.

(4) NAICS: 237990 Other Heavy and Civil Engineering Construction.

(5) Small business size standard: $39.5 Million

This requirement will involve expertise in Design, Engineering, Construction, Endangered Species Conservation as it relates to the RGSM. The proximity of the two sites is within 45 miles and are for same purpose of facilitating upstream movement of the federally endangered RGSM.

Consistency in design between the two sites is required as they are both for fish passage for the same endangered fish species. Additionally, a similar timeframe is required for completion of

Version 2.0 Page 2 of 4 both project sites as per the agreement between the Bureau of Reclamation and the U.S. Fish & Wildlife Service (USFWS) within the “Middle Rio Grande Biological Opinion (2016)” and the Isleta Settlement which requires construction by 2026. The “Middle Rio Grande Biological Opinion (2016)” was written by the USFWS in response to Reclamation's Middle Rio Grande Biological Assessment (BA). The document acknowledges the BA and Reclamation's commitments to restoring river connectivity on the Rio Grande by providing for fish passage at three Reclamation structures that, as designed and constructed decades ago, impede fish passage.

These are specifically the diversion dams at San Acacia, Isleta and Angostura. Therefore, the proposed design-build contract encompassing design and construction for San Acacia and Isleta diversion dams is a Reclamation commitment in compliance with the Endangered Species Act, as agreed between Reclamation and the USFWS.

Due to the similarity in terms of purpose, design, proximity of the two sites, and the required completion date, it is critical to BOR’s mission that these two diversion dams be combined into one design-build contract.

This requirement will be set-aside for small business.

6. Market Research

In accordance with FAR 7.107-2, I have reviewed this requirement and associated market research and determined that consolidation of the referenced contract requirements is both necessary and justified. My review resulted in the following findings:

A search of Dynamic Small Business Search was conducted for NAICS 237990 Other Heavy and Civil Engineering Construction. The search returned 184 Small Businesses in New Mexico, and 303 Small Businesses in Colorado under NAICS 237990. NAICS 237990 encompasses a wide variety of construction disciplines, and in reading through capabilities statements, 12 were found to have the unique capabilities to perform the requirement.

The 12 companies identified from DSBS search were contacted to gauge interest. Below are the companies identified:

INFORMATION REDACTED

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A Sources Sought was posted on 1/21/2022 to get feedback from industry. The following small business expressed interest in this requirement:

INFORMATION REDACTED

Based on market research and responses to the Sources Sought, the Contracting Officer has determined that this requirement will be set aside for Small Business. Although five out of seven responses received were from 8(a) firms, two of the 8(a) firms expressed that they would likely not compete for this requirement and would prefer that the requirement be sole-sourced to them.

Due to the complex nature of the requirement, and to ensure adequate competition to meet the requirements for Design-Build as per FAR 36,301(b)(1) “Three or more offers are anticipated”, the Contracting Officer determines that a total small business set aside is the best procurement approach to ensure a successful acquisition.

7. Any alternative contracting approaches and rationale for rejection:

None Identified.

8. Any negative impact by the acquisition strategy on contracting with small business concerns has been identified: No negative impact on small businesses identified. A Sources Sought was posted on 1/21/2022 to get feedback from small businesses. Received positive feedback and sufficient interest from small businesses.

9. Considerations, Facts, and Reasoning Supporting the Determination:

In consideration of the San Acacia and Isleta Diversion Dams and the similarity in terms of purpose, design, proximity of the two sites, and the required completion date; it is critical to BOR’s mission that these two diversion dams be combined into one design-build contract.

10. Summary:

The SADD IDD Improvement Design Build is to provide Design-Build services at San Acacia and Isleta diversion dams. This requirement will require expertise in Design, Engineering, Construction, and Endangered Species Conservation as it relates to the Rio Grande Silvery Minnow. Consistency in design between the two sites is required as they are both for fish passage for the same endangered fish species in the same general area. Completion is required in the similar time frame so that the Bureau of Reclamation can meet critical mission requirements.

This procurement will be set aside for small business and therefore will not have a negative

Version 2.0 Page 4 of 4 impact on small business. Based on the facts presented in this document, the Contracting Officer determines that both sites should be included in this procurement.

Approvals

All supporting data provided, and the contents of this justification are complete and accurate to the best of my knowledge and belief.

CONTRACTING OFFICER CERTIFICATION:

Digitally signed by MARY

MARY MAESTAS MAESTAS

Date: 2022.03.30 09:10:01 ‐06'00'

Mary B. Maestas Date : 3/30/2022

HEADQUARTERS SMALL BUSINESS SPECIALIST CERTIFICATION:

MELISSA Digitally signed by MELISSA

TROTTER

TROTTER Date: 2022.04.01 07:12:52 ‐06'00'

Headquarters Small Business Specialist Date

DIRECTOR, OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION CERTIFICATION:

COLLEEN FINNEGAN Digitally signed by COLLEEN FINNEGAN Date: 2022.04.12 12:25:04 ‐04'00'

Director, Office of Small and Disadvantaged Business Utilization Date

SENIOR PROCUREMENT EXECUTIVE

Upon the basis of the findings above, I hereby determine, pursuant to the authority of FAR 7.107‐2, that the consolidation of contract requirements is both necessary and justified.

MEGAN OLSEN Digitally signed by MEGAN OLSEN Date: 2022.04.14 12:59:19 ‐04'00'

Senior Procurement Executive Date