MFR Determination to Solicit One Source W912DW25R12X5 Big Creek Site Stewardship (1)_Redacted.pdf

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Big Creek Site Stewardship
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W912DW25R12X5
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This document is a Determination to Solicit One Source for the Big Creek Site Stewardship contract (Solicitation Number W912DW25R12X5) between the U.S. Army Corps of Engineers and the Confederated Salish and Kootenai Tribes (CSKT). The sole-source contract is specifically for cultural resource management support at a sensitive site, with the CSKT required to maintain a physical presence, complete monitoring reports, and photograph the site during the Libby Dam's recreational season from April to early September.

The contract's unique characteristics include a government-to-government relationship and specific cultural resource management requirements under existing programmatic agreements. The CSKT will document routine site surveillance, focusing on tracking vandalism and adverse effects to the historic site. The monitoring tasks are designed to help federal agencies better understand and preserve the site's cultural significance, with specific deliverables including monitoring forms, photographic documentation, and maintaining a consistent physical presence at the location during designated monitoring periods.

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DETERMINATION TO SOLICIT ONE SOURCE - PURSUANT TO FAR 13.106-1(b) management plan discusses routine surveillance at the Site to document the ongoing adverse effect of vandalism.

The need for ongoing routine site stewardship at the Site is a must. The use of routine monitoring, reports, forms, and photographs generated by the CSKT during the monitoring periods outlined in this contract shall serve as formal documents and as a management tool, which will help the Lead Federal Agencies and the KNF better understand what adverse effects are happening to the pictograph site as a result of the Project.

4. Description of Services: The CSKT will provide cultural resource management support to USACE for managing Historic Properties of Religious and Cultural Significance to Indian Tribes (HPRCSIT) on lands affected by the operation and maintenance of the Project. Specific tasks that will be awarded under this contract are detailed under Section 3, Tasks and deliverables, of the Performance Work Statement.

The tasks included in this requirement are:

a. Maintaining a physical presence at the site

b. Completing a monitoring report/form on what was found during the monitoring

c. Photographing the site to capture any disturbances.

The desired outcomes, performance objectives and performance standards will be documented and included the Performance Work Statement as the Performance Requirement Summary.

5. Authority Cited: FAR 13.106-1(b) “Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available.”

6. Reason for Authority Cited: Pursuant to FAR 13.106-1(b)(1)(i), the Contracting Officer may solicit and award to one source if it is determined that the circumstances warrant such an action and the total value of the acquisition will not exceed the simplified acquisition threshold (SAT).

7. Demonstration of Proposed Contractor’s Unique Qualifications: The award of this contract will be to the CSKT, a federally recognized tribal entity which is not considered a business. This acquisition is unique and is considered a government-to-government contract.

Pursuant to the Programmatic Agreement of 27 November 1991 concerning cultural resource management pursuant to the intertie Development and use Environmental Impact Statement of April 1988 (IDU PA) and other Acts and Memoranda referenced herein, USACE has a special, inviolable trust relationship with Indian tribes whose burial lands, ceded lands, and/or tribal lands are in Project areas, particularly with respect to Native American Graves protection and Repatriation Act of 1990 (NAGPRA

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