EFC Water Resources Request.pdf

Request for One Time Exemption from Competition from

Idaho Division of Purchasing (DOP)

E-mail Completed Request Form to: purchasing@adm.idaho.gov

Agency Purchasing Representative (Name): Glyn Roberts E-mail/Phone: glyn.roberts@idwr.idaho.gov 208-287-4820 Name of Agency: Water Resources Request for the Purchase of: Centered Consulting International LLC - Carter Borden Cost (attach quote): $250,000

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.

Background and Justification (attach additional sheets as needed):

Purchase of Modeling and Analysis Services Desired Term: 5 years

Background and Justification memo attached

Agency Certification: 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:

- fl~. OJ .. r1 11/2()1?5 Agency Representative (signature): -YYh----~\f'l_H_I l/~ _ _______ ___ Date: ___ _ _ _ _ _ _ ___ _

□Approved

D Rejected

07-01-16

D Additional conditions apply to this approval.

DOP Administrator Signature: _ _ _ _ ____ _ _______ _

DOP Administrator Printed Name: _ _ _ ___ _ ____ _ _ _ _

Date: _ _ _ _____ _ _

Memorandum

To: Purchasing I Idaho Department of Water Resources

From: Amy Cassel, Project Manager

Date: 12/14/2023

Re: Request for contract approval- Centered Consulting International, LLC (Carter Borden)

ACTION: Approve contract request or submit DOP request form "Exemption from Competition"

IDWR is requesting a five-year Exemption from Competition for a professional services contract with

Centered Consulting International, LLC (Centered Consulting). This contract covers surface water modeling tools to support the negotiation and implementation of settlement agreements in the Lemhi and Bear River basins. Centered Consulting was contracted to create a series of analysis tools to assist in the Lemhi

Settlement negotiations. An exemption was obtained from the Division of Purchasing to extend the contract due to the complexity of the issues and scheduling difficulties due to COVID-19, which caused the negotiations to exceed one year. The IWRB approved the Lemhi River Comprehensive Settlement

Agreement (Agreement) in 2022, and in March 2023, the Agreement Charter and Implementation

Committee members were approved. Now that the implementation phase is underway, it has been determined that more modeling and analysis is required. Similar modeling and analysis will also be required for ongoing settlement negotiations in the Bear River basin.

Proposed Supplier: Centered Consulting International, LLC (Carter Borden)

Duration/ Desired Term: 5 years

Anticipated Total Cost: $250,000

Background

On February 24, 2022, Lemhi River Basin water users and state agencies entered into the Lemhi Basin Settlement Agreement. Although the Agreement has been completed, it has now entered the implementation phase, and a significant amount of hydrological assessment and implementation work remains. As part of the Settlement Agreement, the Legislature passed House Bill 749 authorizing the Water

Resource Board to pursue the filing of certain minimum stream flow water rights, including the Lemhi River at McFarland Campground Minimum Stream Flow water right. The Lemhi Settlement states that parties to the Agreement and applicants for stream flow maintenance rights agree to the inclusion of a condition that they cease diversion two years out of every five years for a period of three days when the McFarland MSF is being exercised. Centered Consulting developed indicators based on historical forecasts and real-time

Snotel site data to predict when conditions are favorable for the McFarland MSF. This includes refining the organizational infrastructure guide to establish the systems required to conduct and monitor the

McFarland MSF. In addition to developing the McFarland MSF flow protocol (protocol), which defines when conditions are favorable to exercise the McFarland MSF, Centered Consulting is also developing a

McFarland MSF Effectiveness Monitoring Program (EMP). This program will identify reference reaches near the McFarland MSF quantification point and collect baseline data that describes and quantifies the geomorphological characteristics of the Lemhi River that the McFarland MSF exercise intends to improve.

Another component that requires more modeling and data analysis is determining the potential impacts of the McFarland MSF exercise. Additionally, the Bear River Settlement negotiations have reached a point

1jPage where similar modeling and data analysis developed for the Lemhi Settlement will be required to reach a settlement agreement in the Bear.

Justification

The Lemhi Settlement EMP and the protocol should work in tandem to be effective and meet the

Agreement's goals. The Board is requesting an exemption from competition to enter into a contract with

Centered Consulting to build upon the existing protocol, design the EMP based on that protocol, and provide the modeling and data analysis required for the implementation phase ofthe Agreement. The Bear

River Settlement will require similar tools to complete and implement a potential settlement. Centered

Consulting has significant experience with the area, methodology, and background related to settlement agreements. It would be impractical and disadvantageous for the State to contract with anyone else at this time. The Lemhi and Bear River basins are geographically remote, and limited firms, if any, have the expertise that Centered Consulting has in these areas. Therefore, it would cost the State and IWRB significant time and expense for another firm to get "up-to-speed", assuming another firm could be identified. Due to the length of the negotiation process and the time required to assess the implementation process, we would like to request a 5-year exemption.

Description

Competition is limited due to 1) the area of interest being remote, 2) limited firms having expertise in the area, and 3) Center Consulting having experience building hydrologic models in these basins. Centered

Consulting's past involvement and existing methodology will continue to advance the implementation of the Agreements. Due to the highly specific nature of the negotiations, it would be challenging to find another firm with the knowledge base and background for the work required.

21Page