BOR-LC-18-N009.pdf

Bureau of Reclamation Form, RF-102

02-2016

NOTICE OF INTENT TO AWARD

This Funding Announcement is not a request for applications. This announcement is to provide public notice of the Bureau of Reclamation’s intention to fund the following project activities without full and open competition.

ABSTRACT

Funding

Announcement

BOR-LC-18-N009

Project Title Navajo Clean Energy Strategic Plan

Recipient Navajo Nation

Principal Investigator

/ Program Manager

Michelle Henry

Navajo Division of Natural Resources

Anticipated

Federal Amount $400,000.00 (Estimated)

Anticipated

Non-Federal Amount $7,800.00

New Award or

Continuation?

Continuation

Anticipated Period of

Performance October 2015 through September 2019

Award Instrument Cooperative Agreement

Statutory Authority P.L. 108-7, Division D, Title II, Sec. 201, Feb. 20, 2003, (117 Stat. 144, 43

U.S.C. 373d)

CFDA # and Title 15.519- Indian Tribal Water Resources Development, Management, and

Protection

Single Source

Justification Criteria

Cited

(4) Unique Qualifications

Reclamation Point of

Contact Diana Blake, Supervisory Grants Management Specialist

OVERVIEW

Technical assistance is provided to the Navajo Nation (Recipient) to expedite the completion of the Clean

Energy Strategic Plan in cooperation with the Department of Interior (DOI) and the Bureau of

Reclamation (Reclamation). A Joint Federal Agency Working Group (JFAWG), formulated among the

DOI, Department of Energy (DOE), and Environmental Protection Agency (EPA), released a joint statement regarding Navajo Generation Station (NGS) on January 4, 2013. The goals set forth in the joint statement are: “The DOI, DOE, and EPA will work together to support Arizona and tribal stakeholders’ interests in aligning energy infrastructure investments made by the Federal and private owners of the

NGS with long term goals of producing clean, affordable and reliable power, affordable and sustainable water supplies, and sustainable economic development, while minimizing negative impacts on those who currently obtain significant benefits from NGS, including tribal nations.”

12-2011

In February 2017, the NGS owners and participant formally decided not to continue operations beyond

2019 and outlined operations scenarios in accordance with the 1969 NGS lease. The Recipient and Salt

River Project (SRP) initiated negotiations of a lease and associated documents to ensure that operations will continue through December 2019. That lease is named the Extension Lease. In addition, the DOI initiated a stakeholder process to evaluate various operations scenarios and economic impacts. As part of the Extension Lease, negotiated between SRP and the Recipient negotiated two key provisions related to this cooperative agreement: (1) access to NGS transmission lines and 500MW of rights to access the energy market, and (2) the Recipient ownership of the NGS water pumping station on Lake Powell for regional water development.

RECIPIENT INVOLVEMENT

The Recipient will complete the following tasks:

Navajo Clean Energy Advisory Group

Convene regular planning meetings to coordinate completion of the SOW.

Conduct energy briefing(s) with Navajo Nation Divisions, Council, Office of President and Vice

President and Interior/Reclamation as requested.

Provide oversight to complete Navajo Clean Energy Strategy and Implementation plan.

Establish an NGS Navajo transmission system manager.

Navajo Energy/Water/Economic Development Zones

Conduct outreach activities with Navajo stakeholders including surveys, interviews, and public announcements.

Formulate a clean energy development strategy incorporating energy zone analysis, land use planning elements, economic development, and utilization of NGS Navajo transmission allocation with emphasis on economic development within specific Navajo trust lands (Western Navajo

Chapters).

Define and integrate economic development planning objectives among local and central Navajo stakeholders.

Apply economic development roadmap prioritization criteria and prepare list of land-use areas for energy/water development based on completed tasks (Western Navajo Chapters).

Formally designate land use areas for development through Navajo and Chapter resolutions.

RECLAMATION INVOLVEMENT

Substantial involvement on the part Reclamation is anticipated for the successful completion of the objectives to be funded by this award. In particular, Reclamation will be responsible for the following:

Technical assistance will be provided by Reclamation and National Renewable Energy Laboratory staff throughout the duration of the proposed schedule in support of all tasks.

Reclamation Program Manager will assist in the formulation of tasks and scope of work for the Request for Proposals and Request for Quotes and attend planning meetings.

SINGLE-SOURCE JUSTIFICATION

DEPARTMENT OF THE INTERIOR

SINGLE SOURCE POLICY REQUIREMENTS

Department of the Interior Policy (505 DM 2) requires a written justification which explains why competition is not practicable for each single-source award. The justification must address one or more of the following criteria as well as discussion of the program legislative history, unique capabilities of the proposed recipient, and cost-sharing contribution offered by the proposed recipient, as applicable.

In order for an assistance award to be made without competition, the award must satisfy one or more of the following criteria:

(1) Unsolicited Proposal – The proposed award is the result of an unsolicited assistance application which represents a unique or innovative idea, method, or approach which is not the subject of a current or planned contract or assistance award, but which is deemed advantageous to the program objectives;

(2) Continuation – The activity to be funded is necessary to the satisfactory completion of, or is a continuation of an activity presently being funded, and for which competition would have a significant adverse effect on the continuity or completion of the activity;

(3) Legislative intent – The language in the applicable authorizing legislation or legislative history clearly indicates Congress’ intent to restrict the award to a particular recipient of purpose;

(4) Unique Qualifications – The applicant is uniquely qualified to perform the activity based upon a variety of demonstrable factors such as location, property ownership, voluntary support capacity, cost-sharing ability if applicable, technical expertise, or other such unique qualifications;

(5) Emergencies – Program/award where there is insufficient time available (due to a compelling and unusual urgency, or substantial danger to health or safety) for adequate competitive procedures to be followed.

Reclamation did not solicit full and open competition for this award based the following criteria:

(4) UNIQUE QUALIFICATIONS

Single Source Justification Description:

The Recipient is uniquely qualified to perform the required activities based on the fact that the project is located on the Navajo Nation Reservation and under tribal ownership with limited voluntary support, technical expertise, and signatory to the NGS Technical Working Group Agreement.

STATUTORY AUTHORITY

SEC. 201. In order to increase opportunities for Indian tribes to develop, manage, and protect their water resources, in fiscal year 2003 and thereafter, the Secretary of the Interior, acting through the

Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to 31 U.S.C. 6301–6308. Nothing in this Act is intended to modify or limit the provisions of the Indian Self Determination Act

(25 U.S.C. 45 et seq.).