BOR-LC-18-N016.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-N016

Project Title Hopi Tribe Clean Energy Plan Recipient Hopi Tribe Principal Investigator / Program Manager

Ken Lomayestewa Hopi Renewable Energy Office

Anticipated Federal Amount $400,000.00 (Estimated)

Anticipated Non-Federal Amount

$0.00

New Award or Continuation? Continuation

Anticipated Period of Performance October 2016 through December 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

12-2011

OVERVIEW

Bureau of Reclamation (Reclamation) executed an Interagency Agreement (IA) with the Department of Energy (DOE) contracting the National Renewable Energy Laboratory (NREL) to publish an analysis of potential clean energy alternatives to Navajo Generating Station (NGS) in June 2012, “Navajo Generation Station and Clean-Energy Alternatives: Options for Renewables.” The NREL Phase I report was the first step in a phased approach to evaluate scenarios for the future operations of the NGS. The technical report included recommendations for further analysis (Phase II).

Reclamation executed a subsequent IA with DOE to enlist NREL as a technical resource in March 2013 to participate in the tribal energy development planning activities. The Technical Working Group (TWG) agreement included, among a number of tasks, a Department of Interior (DOI) commitment to complete the NREL Phase II study within a framework emphasizing water, economic and renewable energy development.

While the Recipient is not a signatory to the NGS Settlement Agreement and is not a party of the TWG, technical assistance was provided because the Recipient will be negatively impacted due to its reliance on coal revenue related to the NGS. The Technical assistance funding is being afforded to the Recipient to support development of a Clean Energy Plan (Plan), including water, economic development, and renewable energy goals.

In February 2017, the NGS owners and participants formally decided not to continue operations beyond 2019 and outlined operations scenarios in accordance with the 1969 NGS lease. The economic impacts resulting from the closure of NGS at the end of 2019 combined with commitments made by the Department of Interior (Interior) (2013 NGS Technical Working Group Agreement) has altered the time-frame and tasks required to complete the Plan.

This modification is to increase the scope of work (SOW) and budget in order to complete the Plan prior to the expiration of the NGS lease. The objective is to identify water resource development and management elements that can be served by renewable energy generation alternatives.

RECIPIENT INVOLVEMENT

Hopi Clean Energy Technical Advisory Group

• Convene regular planning meetings to coordinate completion of the SOW;

• Schedule energy briefing(s) with Hopi Tribal Council, Hopi Energy and Water Team, and

DOI/Reclamation as requested;

• Provide oversight to complete the Plan.

Hopi Energy/Water Zones

• Conduct outreach activities with stakeholders;

• Formulate land use planning elements related to energy and water development within fee and trust lands;

• Integrate planning objectives among Hopi Energy/Water, Hopi Utility Commission, Hopi

Economic Development Corporation, and other relevant agencies;

• Prepare list of land-use areas to be considered for energy/water development;

• Apply energy-zone criteria to formally identify land use areas to be designated for development.

Hopi Clean Energy Development Strategic Plan

• Present recommendations for developers and projects to the Hopi Tribe Council;

• Final Plan will be drafted, published, and presented to stakeholders.

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:

Reclamation’s 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 has been working with Reclamation and NREL since the inception of this project in 2016 and the project located on the reservation is under tribal ownership.

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.).