noi-fa-12-2010.docx

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

(16 U.S.C. 661 et seq), as amended

OVERVIEW

The Laguna Division Conservation Area has been approved as a new start project by the Lower Colorado River Multi-Species Conservation Program (LCR MSCP) Steering Committee. Natural Channel Design was previously selected to prepare a conceptual design which maximizes the creation of native riparian and marsh land cover types. This modification of agreement number 09FC3000003, originally dated January 27, 2009, will be in effect from February 26, 2010 thru December 31, 2014. This effort is consistent with the LCR MSCP effort to conserve and work towards the recovery of endangered species, and protect and maintain wildlife habitat on the lower Colorado River.

RECIPIENT INVOLVEMENT

Add the following new tasks originally not anticipated, but deemed necessary to complete the Statement of Work:

1.1.10 Develop Recreation Plan within the Laguna Division Conservation Area to analyze the impact of hunting and recreation activities from people on the project site. Coordinate meetings with MSCP, Bureau of Land Management (BLM), and Arizona Game and Fish Department (AGFD) to discuss, design and create a final report.

1.2.8 Collect and identify soil samples at project site as required by Corps of Engineers required for the 401/404 Permit.

RECLAMATION INVOLVEMENT

Substantial involvement on the part Reclamation is anticipated for the successful completion of the objectives to be funded by this award.

Reclamation shall collaborate and participate with the Recipient in the discussions about the concepts and management of the project, and closely oversee the Recipient's progress to ensure the best design is achieved.

This oversight shall include review, input, and approval at key interim stages as identified in the agreement.

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:

(2) 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;

(3) 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;

(4) 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;

(5) 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;

(6) 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:

(1) 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;

Natural Channel Design has been working with the Bureau of Reclamation for a conceptual design for the Laguna Restoration project. They have completed that element of the original scope of work, based on a substantial amount of preliminary and collaboration efforts with Reclamation staff. Reclamation felt that it would be in their best interest to continue this work with Natural Channel Design, as there could be a potential for both funds loss and time wasted to bring another organization up to where Natural Channel Design is currently.

STATUTORY AUTHORITY

This Program is administered in accordance with the authority of Fish and Wildlife Coordination Act of 1934, Public Law 85-624 (16 U.S.C. 661 et seq.), as amended and delegated to Reclamation within Department Manual (DM) 255 DM 14. 255 DM 14 delegates the following:

The Commissioner, Bureau of Reclamation, is delegated so much of the authority of the Secretary under the Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as is necessary to provide assistance, through grants or cooperative agreements, to public or private organizations for the improvement of fish and wildlife habitat associated with water systems or water supplies affected by Reclamation projects.

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