R14AP00036 - NOI.docx

Bureau of Reclamation Form, RF-102 12-2011

Bureau of Reclamation Form, RF-102 12-2011

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

Economic Development Administration Director

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;

OVERVIEW

The proposed agreement will support the Quechan Indian Tribe’s efforts to abandon a 1200-foot discharge pipeline and to complete the installation of a replacement pipeline. The existing discharge piping system is buried under a dirt parking lot, at unknown depth and location, and has surpassed its useful life. The new discharge piping system will be placed adjacent to the existing line and will be constructed with heavier gauge large-diameter piping. Abandonment and replacement of the drainage well will prevent failure, reduce seepage, resolve flooding concerns and diminish the risk of non-point source pollution caused through unintentional breakage of the existing, dilapidated discharge piping system.

Recipient Responsibilities

The Recipient shall carry out the Scope of Work in accordance with the terms and conditions of the proposed financial assistance agreement. The Recipient shall adhere to Federal, state, and local laws, regulations, and codes, as applicable, and shall coordinate with Reclamation on all required approvals and permits.

The following are specific Recipient Responsibilities to this award:

· The Recipient will manage activities associated with the installation of the new discharge piping system improvements at the site.

· Prior to the work commencing, the Tribe will coordinate with Reclamation on the development of approved designs and engineering specifications.

Reclamation Responsibilities

Reclamation will monitor and provide federal oversight of activities performed under this Agreement. Monitoring and oversight includes review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the Scope of Work. Additional monitoring activities may include site visits, conference calls, and other on-site and off-site monitoring activities. At the Recipient’s request, Reclamation may also provide technical assistance to the Recipient in support of the Scope of Work and objectives of this Agreement.

Substantial involvement by Reclamation is anticipated during the performance of activities funded under this cooperative agreement. In support of this Agreement, Reclamation will be responsible for the following:

· Reclamation will provide the Tribe with counsel and technical assistance in securing permits for conducting the work.

· Prior to the work commencing, Reclamation will review approved designs and engineering specifications.

· Reclamation will support final well abandonment efforts.

· Upon completion of the work and final acceptance by the Tribe, Reclamation will complete such documents required by the Bureau of Indian Affairs to cancel, modify, and/or terminate all licenses, permits, and rights-of-way associated with the DW-4 site and the location of the portion of the existing discharge line that will be abandoned.

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:

(1) 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;

(2) 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;

(3) 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;

(4) 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;

(5) 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:

(3) LEGISLATIVE INTENT

The statutory authority authorizes Reclamation to increase opportunities for Indian tribes to develop, manage, and protect their water resources.

(4) UNIQUE QUALIFICATIONS

The tribe is the only entity with unlimited authority to work on the tribal land, qualifying only them to complete this work.

STATUTORY AUTHORITY

Statutory Authority P.L. 108-7, div. D, title II, Sec. 201, 117 Stat. 144, dated February 20, 2003 (43 USC 373d)

SEC. 201. In order to increase opportunities for Indian tribes to develop, manage, and protect their water resources, in fiscal year 2003 and thereafter, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to 31 U.S.C. 6301–6308. Nothing in this Act is intended to modify or limit the provisions of the Indian Self Determination Act (25 U.S.C. 45 et seq.).

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