EFC - Water Conveyance and Construction Contracts.pdf

Request Form to Division of Purchasing (DOP)

Name:*

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Agency Name*

Request for the Purchase of:*

IDAPA 38.05.01.042.10 provides that the administrator may exempt an acquisition from competitive procurement if the administrator determines that bidding is impractical, disadvantageous or unreasonable under the circumstances. Examples include, but are not limited to: special market conditions; property requiring special contracting procedures due to uniqueness; and services for which competitive solicitation procedures are impractical.

Proposed Supplier*

Duration*

Desired Term*

Term Interval*

Anticipated Total Cost*

Exemption from Competition

Glyn Roberts glyn.roberts@idwr.idaho.gov

(208)287-4820

Idaho Department of Water Resources

Water Conveyance & Construction Contracts

Various Canal Owners and Operators

One-time purchase Ongoing

Months Years

75,000,000.00$ https://adminrules.idaho.gov/rules/current/38/380501.pdf

Background*

Justification*

Describe the circumstances

The Idaho Water Resource Board (IWRB) has been tasked with the operation and development of the ESPA Managed Recharge Program (ESPA Program), a significant component of the ESPA Comprehensive Aquifer Management Plan (CAMP). The ESPA CAMP was developed through a collaborative process, adopted by the IWRB, and approved by the 2009 Idaho Legislature and Governor through House Bill 264. The Idaho Legislature further refined the goals for the ESPA Program in 2016 through Senate Concurrent Resolution No. 136. This resolution directs the IWRB to develop a managed recharge program within the ESPA with the capacity and infrastructure to recharge 250,000 af/year on average on or before December 31, 2024.

The intent of the ESPA Program is to add water to the aquifer that doesn’t occur naturally or through ongoing practices such as the irrigation of crops. Managed recharge is accomplished by conveying water through un-lined irrigation canals and dedicated constructed recharge sites. The collaboration with canal operators provides the IWRB access to infrastructure throughout the ESPA, utilizing the canals to conduct managed recharge outside of the irrigation season and deliver water to “off-canal” dedicated managed recharge sites that can be used throughout the year if water is available. The IWRB also works with the canal owners/operators on a variety of projects to increase managed recharge capacity, including constructing off-canal recharge sites, improving delivery systems, and conducting feasibility investigations.

Why would the competition be impractical, unreasonable, or disadvantageous under the circumstances?

The canal operators have been and will continue to be instrumental in the operation and development of the ESPA Program. Depending on water availability, which can vary significantly from year to year, the current cost for the various canals conveying the IWRB water for managed recharge can range between $1 to $9 million per year. The cost for further development of increased recharge capacity could be significantly higher as the IWRB has tentatively budgeted $75 million over the next three years for managed recharge projects. Developing managed recharge sites depends on finding areas with the appropriate hydrogeological characteristics suitable for managed recharge. Partnering with existing canal systems to develop sites favorable for managed recharge has proven to provide significant savings to the State in developing water delivery infrastructure and the off-canal recharge sites.

The operations and development of the ESPA Program does not seem to fit into the competitive procurement process. Minimally, it is impractical, unreasonable, and disadvantageous for the State to not work directly with the canal systems in the specific areas suitable for managed recharge. Utilizing or expanding existing infrastructure is quicker and less expensive than developing new systems to transport the large volumes of water required to meet the goals set by the Legislature.

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Notes

Describe the extent to which competition is possible

Competition is limited for numerous reasons. A primary reason is that to meet the goals set by the Legislature, requires the utilization of every canal and off-canal recharge site possible willing to partner with the IWRB when water is available. Also, operationally determining when and how much water is available is highly variable and individual canals might or might not be able to conduct managed recharge depending on numerous external factors. Further, development opportunities for managed recharge sites are extremely limited to a physical area limiting potential partners to the canal system that delivers to that area.

The information provided above is true and accurate to the best of my knowledge, and supports the need for a direct procurement of the described goods or services, in the best interest of the State:

Water Conveyance_Construction Contracts.pdf 3.28MB

7/31/2023

Approver

This exemption will be sent for posting before final approval