Public_Posting_WBR-1406_1.pdf

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WBR 1406.303-1 Template 1 eFile - B02

(04/2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

United States Department of the Interior Upper Colorado Region Bureau of Reclamation 125 South State Street, Salt Lake City, Utah 84138

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

The Bureau of Reclamation anticipates the award of a firm fixed-price purchase order for services completed by UpstreamTech, a small business registered in SAM.gov. This requirement is requested by the Research and Development office using no year funding.

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

Reclamation relies on forecasts of river flow volumes to make operational decisions that supply water, manage flood risk, and produce hydropower for people throughout the Western United States. Reclamation conducted a year-long competition to assess available streamflow forecast technologies and spur innovation in new techniques.

Upstream Tech outperformed all competitors, including NOAA operational forecasts, in all locations and streamflow characteristic categories. This project would procure Upstream Tech forecasts for use by Reclamation reservoir operators to assess the value that these forecasts can provide to operations. If found to have value above existing technologies, improved forecasts enhance water operations and will reduce the staff time needed by modernizing workflows and tools. The total for this acquisition will be $681,552.00.

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5. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)). (Check one)

Authority FAR Coverage Application ☐ 41 U.S.C. 1901 FAR 13.501 Only one responsible source using Simplified

Acquisition Procedures (above SAT but at or below $7.5M)

☐ 41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

☐ 41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

☐ 41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

☐ 41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

☒ 41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute - Small Business Act codified at 15 U.S.C. 631, as amended, and the Small Business Innovation Development Act of 1982 (Pub. L. 97–219), codified with amendments at 15 U.S.C. 638, as amended

☐ 41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

☐ 41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

6. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

This is award is in accordance with the Small Business Innovation Research (SBIR) Phase III agreements 15 USC 638. In the case of a small business concern that is awarded a funding agreement for Phase II of an SBIR or STTR program, a Federal agency may enter into a Phase III agreement with that business concern for additional work to be performed during or after the Phase II period. The Phase II funding agreement with the small business concern may, at the discretion of the agency awarding the agreement, set out the procedures applicable to Phase III agreements with that agency or any other agency. The Bureau of Reclamation will move forward with a SBIR Phase III award with the winner of the Streamflow Forecast Rodeo competition UpstreamTech.

7. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)).

The Bureau of Reclamation’s (Reclamation) Research and Development (R&D) Office “uses science and technology to advance the agency’s mission to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public”. Research authorization is conducted under the Reclamation Act of 1902 and the Reclamation Project Act of 1939. The R&D Office developed a Facilitated Adoption Program to fund projects that advance research

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(04/2021) results by piloting or demonstrating results from completed, successful, research projects and prize competitions. The Streamflow Forecast Rodeo prize competition was a Small Business Innovative Research (SBIR) program that evaluated streamflow forecasts from various sources and compared their performance. The competition spurred innovation and advancement in forecasting which provided integral information to water management agencies like Reclamation. The current award is an SBIR phase III award request. Phase III refers to work that derives from, extends or completes an effort made under the previous SBIR from the Streamflow Forecast Rodeo prize competition. See Reclamation’s website for the published public information on the competitions.

https://www.usbr.gov/research/challenges/streamflowrodeo.html

8. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The Contracting Specialist will perform necessary price analysis based on market analysis for similar items in the industry (FAR 13.106-3(a)(2)(i) and (v)) and review of current price lists or catalogs (FAR 13.106- 3(a)(2)(iii)) will be employed, if deemed necessary in further assuring that the government will receive the best value for its dollars.

9. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

Searches of the United States Small Business Administration Dynamic Small Business Search Engine, the Internet, and prior purchase history all demonstrated there are no other vendors that can provide the HydroForcast Technology. UpstreamTech is the sole owner of the data that was derived from a prize competition competed by the Bureau of Reclamation. An intent to sole source was posted from December 12, 2024, to December 18, 2024. One response was received, but did not contain sufficient detail to determine their abilities nor did they indicate they could provide the services and systems required. Based on the lack of responses, Upstream Tech is the only company offering this type of system and support. Considering the above market research, it has been determined that the only UpstreamTech has the technical ability and existing data from recent forecasting to fulfill the government’s needs.

10. Any Other Supporting Facts (FAR 6.303-2(b)(9)). Upstream Tech is the sole owners of the Hydroforecast technology that produced the best performing streamflow forecasts in a Reclamation-sponsored prize competition. Through the prize competition, Reclamation has already invested $750,000 to evaluate forecasts and identified Upstream Tech as the best performing and most reliable forecasts as compared to the other nine models evaluated, with the lowest amount of error across five categories.

11. Listing of Interested Sources (FAR 6.303-2(b)(10)). No responses were received during the public announcement of the intent to sole source that included information they could provide the same service or that included their capabilities.

12. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

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The results will be used by Reclamation’s area and regional offices to evaluate if new forecasting products are operationally useful and should be pursued further.