J&A.pdf

WBR 1408.405-6 Form 1 140R81J8Q008 (February 2017)

LIMiTED SOURCES JUSTiFICATION AND APPROVAL For Orders or BPAs established under federal Supply Schedules

Solicitation No.: 140R81 180008

Project Name: Updates to the Coordinated Long-Term Operation of the Central Valley Project and State Water Project

In accordance with FAR 8.405-6. the proposed contractual action is pursuant to the statutory authority under the Multiple Award Schedule Program [Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, etseq.) and Title 40 U.S.C. 501, Services for Executive Agencies].

I. Agency and Contracting Activity.

Department of the Interior Bureau of Reclamation Acquisition Operations Branch, 84-27810 6th and Kipling Denver, Colorado 80225

2. Nature/Description of Action.

The action — under the authority of 48 CFR 8.405-6 (a)f 1)(i)(B) — limits the sources capable of meeting the government’s need for the development, coordination, and administrative recording of documents related to the updates to the long-term operation (LTO) of the Central Valley Project (CV?) and State Water Project (SW?). The main contract type is firm-fixed price; however, some contract line items have been appropriately labeled as time-and-materials or labor-hour to accomplish the government’s objectives. The “hybrid contract” is for a base year with up to four one-year option periods, and is funded using no-year appropriations.

3. Description of Supplies/Services.

The Bureau of Reclamation, Mid-Pacific Region, Bay-Delta Office has a requirement for developing environmental compliance documentation and all associated analyses and modeling on the updates to the coordinated ITO of the CVP and the SWP, in accordance with the National Environmental Policy Act (NEPA), as amended, Endangered Species Act Section 7(a)(2), the Council on Environmental Quality (CEO] Regulations for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations (CfR) Part 1500-1508), the Department of Interior’s (DOl) regulations for implementing NEPA (43 CfR Part 46), and the Bureau of Reclamation (Reclamation) NEPA Handbook (dated february 2012).

The three major components of the requirement are (1) development of the Endangered Species Act (ESA), NEPA, and the Magnuson-Stevens Fishery Conservation and Management Act (MSA) documentation (biological assessments and environmental

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WBR 1408.405-6 Form 1 140R8118Q008 (February 201?)

impact assessments) and associated analyses; (2) analytical modeling support for alternatives development and ultimately (3) coordinating and communicating with varied stakeholders. Critical tasks include:

I. Preparation ofpreliminary modeling analyses and assessments — including assessments of existing Reasonable and Prudent Alternative actions (RPAs) — for the development of new alternatives and an initial Proposed Action.

2. Preparation of environmental compliance documents for NEPA, ISA, and MSA

3. Preparation and participation in stakeholder meetings, public outreaches, and technical meetings

4. Selection of analytical tools

5. Operational modeling of the CVP and the SW?

6. Biological modeling of fish species

7. Economic modeling

8. Technical assistance during the formal consultation process

9. Compilation of administrative records

10. Technical issue support

4. Authority/Justification Rationale and Demonstration of Contractor’s Unique Qualifications.

FAR Coverage Application El FAR 8.405(a)(1)(i)(A) An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays. This would be for an immediate need.

FAR 8.405-6 (a)fl)(i)(B) Only one source is capable of responding due to the unique or highly speciali2ed nature of the supplies or services.

El FAR 8.405-6 faXl)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

I] FAR 8.405-6(b)(1) Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs

a. Justification.

The CVP and SWP are inter-related, complex, long-term water management projects that consist of multiple anatytical modeling, varied environmental assessments, stakeholder meetings, public scoping, and administrative record

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WBR 1408.405-6 form I 140R8118Q008 (February 2017) management that all lead into required ESA, NEPA, and MSA documentation and decisions.

A number affirms specializing in environmental management could readily perform any or a combination of these tasks. For example, an environmental firm could perform a biological assessment on a project involving a particular species.

In addition, a professional services finn with Architect-Engineer capabilities could develop and run analytical models that could provide information in support of an environmental assessment. Furthermore, more specialized finns could facilitate public scoping and stakeholder meetings; or even assist in formal negotiations and the maintenance of administrative records. However, these specialized tasks must be performed sequentially or concurrently, and interdependently of one another in order to meet the government requirement of reviewing current RPAs, revising them, and/or developing new ones as part of the updates to the CV? and SW?. Based on prior procurement and recent market research (see #6 Description of Market Research), ICf Jones & Stokes (ICF), Inc., DUNS 07555015, GSA No. GS-00f-OIOCA is the only GSA Multiple Award Schedule (MAS) holder under SIN 899-I that has the technical capability and expertise to fulfill the government requirement successfully and with a high degree of confidence.

ICF employs personnel with the appropriate qualifications that will yield BOR a guaranteed successful end result. ICF will be capable and responsive to the needs of Reclamation’s CV? and the SW? project. The finn will serve as the prime consultant and overall contract management lead, while supported by a team of subcontractors, each with a unique understanding of the complexities of the government’s need. The company has proven working relationships with specialized professional services firms within the same MAS under SIN 899-I.

Other MAS holders have chosen to partner with ICF because they acknowledge their own limitations in undertaking a complex project with multiple and varied components.

Using Market research and past experiences working with ICF, BOR has concluded that ICF has formed an excellent team with the best experts in each field. As indicated in the response to the Source Sought Notice, the team includes CDM Smith, CH2M, and Kearns & West, all of which are leaders in environmental management and engineering. The firm also seeks out Bay-Area-specific water management and scientific expertise of local, small-disadvantaged businesses to address key areas on updating the CVP and the SW?.

Finally, ICf’s list of accomplishments directly related to the project and/or the project areas amplify its sole technical expertise to meet the government’s need.

It has a long and in-depth experience with federal ESA consultation on the coordinated operations of the CV? and SW?. Since 2015, ICf has been working closely with Reclamation in both formal and informal consultations on the California WaterFix, as part of the coordinated operations of the CV? and SW?.

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WBR 1408.405-6 Form 1 140R81 18Q008 (February 2017)

Another of ICf’s demonstrated capabilities directly related to the project is the firm’s technical experience in preparing a broad range ofESA and NEPA compliance documents that mirror the geographic and technical scope of the project itself. ICF has successfully prepared environmental compliance documents for the Klamath River Restoration Program, Trinity River Mainstem Fishery Restoration Program, Central Valley Project Improvement Act, Delta Mendota Canal-California Aqueduct Intertie, and San Luis Reservoir Low-Point Improvement Project. In these projects, ICF has utilized its team of experts consisting of internal members and external partners performing environmental assessments, assisting in fonnaVinfoimal negotiations, organizing and facilitating public scoping and stakeholder meetings, developing and testing analytical modeling tools, and analyzing economic models, all of which are critical components of the government’s need to update the Coordinated Long-Term Operation of the Central Valley Project and the State Water Project.

5. Best Value Determination.

a. JAW FAR 8.405-2(d), the level of effort and the mix of proposed labor will be evaluated by the requiring activity, and deemed fair and reasonable by the Contracting Officer. The government has assembled a team of experts that will assist in the evaluation of proposed labor categories and labor mixes, ensuring they are appropriate and commensurate to the tasks contained in the Performance Work Statement. As needed, the evaluators will provide information to the Contracting Officer on potentially significant pre-negotiation objectives in further determining price as fair and reasonable.

b. The requirement is being conducted using the procedures prescribed by FAR 8.4 federal Supply Schedules. The services offered on the schedule priced either at hourly rates or at a fixed price for performance of a specific task have already been determined fair and reasonable in accordance with (JAW) FAR 8.404(d).

However, the Contracting Officer will seek further price reduction in writing and/or as part of any exchange between the Government and ICF, but before placing the order JAW FAR 84054.

6. Description of Market Research.

In January 2017, the Bureau of Reclamation’s Mid-Pacific Region initiated a similar procurement for the updates on the LTO of the CVP and the SWP. In April 2017, a thorough market research was conducted to determine the procurement strategy. The Contracting Office conducted a formal search of open market websites, small business search engines and other sources using the Small Business Administration’s Small Business Dynamic Search engine. The search did not return positive results for two or more capable small businesses.

Thereafter, the Contracting Office reviewed GSA’s MAS under SIN 899-1. A Sources Sought Notice containing the draft PWS was issued. The notice requested for firms’ capability statements, business size, and intent to submit a quote in response to a

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WBR 1408.405-6 form I 140R8118Q008 (February 2017) solicitation. Of the 561 MAS contract holders under SIN 899-1, 14 contractors returned negative responses. Two large businesses, tCf and Stantec Consulting Services (Stantec), responded positively, In writing, both large contractors asserted their capabilities to fulfill the requirement. Both indicated strong interest in submitting a quote.

Consequently, the Contracting Office issued a Request for Quotations (RFQ) no.

RFQI2 15775, reference no. R17PS0O528, via the GSA’s f-Buy RfQ portal LAW FAR 8.405-2(c)(3) based on Stantec and ICE’s written assertions of capability. At REQ’s closing, only ICf submitted a response.

Prior to negotiating with and issuing order no. R17PD00970 to ICf, the Contracting Office inquired with Stantec as to why the firm did not submit a quote to the requirement, particularly because it was one of the only two firms that demonstrated intent to submit a quote. Stantec stated that it partnered with ICF instead to ensure that the government requirement was successfully met.

In the beginning of Fiscal Year 20]8, the requiring activity began acquisition planning for a new acquisition for the Updates on the Coordinated LTO of the CV? and the SW?.

The Contracting Office is using FAR 8 procedures as GSA MAS under SIN 899-I Environmental Services remains the best procurement approach for the revised government need. Numerous vendors hold GSA schedule contracts under the aforementioned SIN.

However, in order to validate that the market has not significantly changed the Contracting Office issued Sources Sought Notice no. 14R8118Q0085 in February 2018 for two weeks. By closing on february 21, 2018; only ICF submitted a capability statement and intent of interest in the project. The firm also intends to partner with other finns, large and small, in this endeavor.

The result of Sources Sought Notice no. l4R8l l8Q0085 reflects the same outcome as a similar procurement that resulted in order no. Ri 7PD00970 no less than a year, further amplifying that only one firm ICF, can meet the government’s requirement.

7. Any Other Supporting Facts. No other supporting facts are available, other than those that have been mentioned in the preceding sections.

8. Actions Taken to Remove Barriers to Competition.

Previous GSA Order No. R17PD00970 was awarded competitively lAW the procedures at FAR 8.405-2(c)(3). Although market research indicated that two quotes may be received, only ICf submitted one. The market research surrounding that previous procurement is less than one-year old and is significantly relevant to this current procurement. The Contracting Office could have used that market research information to conclude that only one source, ICF, has the capacity and the technical capability to fulfill the government’s need.

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WBR 1408.405 6 Form I t4ORRl 18Q008 (February 2017)

However, the Contracting Office checked the market once again by issuing Sou ices Sought Notice no. 14R8l 18Q0085 requesting capability statements from all qualified vendors. The notice atso included a copy of the draft PWS for review by any prospective contractor, as well as for the prospective contractor to compare the PWS objectives, tasks, and deliverables to its own capabilities. Only one vendor, ICF. submitted a capability statement, a partnering plan with other large and small sources, and a clear, written notice of intent to submit a quote to a RFQ.

Therefore, the Contracting Office has made all efforts necessary to remove barriers to competition to limit the source to a single GSA MAS contractor under S1N 899-I.

In the future, similar procurements deemed as new requirements will go through the same intensive market research process to ensure that competition is the first option, whether full and open or after exclusion of sources. Any proposed “add work” modifications to the order resulting from this limited-source, GSA order will be reviewed thoroughly to ensure that it is within scope and is compliant with the Reclamation Acquisition Regulation Subpart 1406.304(a) and DOl’s Acquisition, Assistance, and Asset Policy No.

0024, as amended. Should any proposed. additional work be deemed “out of scope,” it wilt be deemed as a new requirement which may constitute a new procurement and competition.

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