A.02SoleSourceTechServicesNezPerce.pdf

Control No. OJL-19-0028 v4, 5 Jan 2015; previous version obsolete

BRAND NAME DETERMINATION

(Simplified Acquisition Procedures under FAR Part 13)

1. Agency/Contracting Activity: USACE Portland District (CECT-NWP-C), 333 SW First Ave, Portland Oregon, 97208

2. Description of Action:

FY 19 Nez Perce Tribe Technical Services

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds:

Name of Proposed Contractor(s): Nez Perce Tribe Street Address: P.O. Box 305 City, State, Zip: Lapwai, Idaho 83540 Phone: (208) 843-2253

3. Description of Services or Supplies:

The total estimated value of the proposed action is $58,500.00

4. Authority:

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), 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 (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)

FAR 13.501(a)(1): For actions for commercial supplies or services greater than the SAT but not exceeding $6.5M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant

a. Background: The U.S. Army Corps of Engineers (Corps) and the Bonneville Power Administration (BPA)(Agencies) are jointly responsible for compliance with Section 106 of the National Historic Preservation Act (NHPA) under the terms of the 2009 Systemwide Programmatic Agreement (SWPA) for management of historic properties affected by operations of the Federal Columbia River Power System (FCRPS). The Corps, Portland District manages The Bonneville, The Dalles, and John Day Projects, which are part of the FCRPS. The FCRPS Cultural Resource Program works closely with interested and affected tribes, State Historic Preservation Offices (SHPOs), and other agencies for cultural resource management in compliance with Section 106 of the NHPA.

b. Services: This acquisition is for the contribution of traditional knowledge and input from the Nez Perce Tribe as part of assisting the Corps with National Historic Preservation Act Section 106 & 110 compliance.

The period of service is for two years, one base year and one optional year.

to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is the Test Program for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903)

5. Reasons for Authority Cited:

6. Actions to Increase Competition:

7. Market Research:

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W912EF-15-D-0008, Delivery order: W9127N18F0071 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale: FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements – Awarded 28 May 2018 to the Nez Perce at $19,246.73.

Purchase order or contract number: W912EF-15-D-0008, Delivery order: DT02 Was action competed? Yes No

a. Justification: The Nez Perce Tribe possess unique knowledge of their ancestral artifacts, village sites, prehistoric burial areas, and areas of traditional cultural properties and resources that exist within and overlap the project area.

b. Impact: Failure to utilize the Nez Perce Tribe’s knowledge of its archeological sites and resources would delay the Corps in being able to make required long term management strategies for the area and impact compliance with NHPA Section 106 under the terms of the 2009 Systemwide Programmatic Agreement for management of historic properties affected by operation and maintenance of the FCRPS. Furthermore, government relations with the Nez Perce Tribe would be negatively impacted.

c. Alternatives: There are no known alternatives for these services that possess the knowledge of Nez Perce tribal history or could speak on their behalf. NHPA requires consultation with Indian tribes, and the cultural resources program is the entity the NPT has authorized to represent them.

A Special Notice – Intent to Sole Source – will be posted on Fed Biz Opps on March 21, 2019 for 14 days to see if any new or previously unidentified sources were now available for these services. There has been no responses to the Intent to Sole Source for similar services in prior acquisitions. Furthermore, these services are discussed at the FCRPS WPKK Cooperating Group meetings held monthly that include participants from the Bonneville Power Administration, U.S. Army Corps of Engineers, Confederated Tribes of Warm Springs of Oregon, Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes and Bands of the Yakama Nation, and the Nez Perce Tribe. There has been no input from participating members that another source for these services is available that possess the knowledge of Nez Perce Tribe tribal history or could speak on their behalf.

Market research was conducted by the following means: reviewing procurement history in the Paperless Contracting File (PCF) system and FPDS-NG, posting a notice of Intent to Sole Source on FBO, conducting a small business administration (SBA) Dynamic Search, and assessing mandatory sources in accordance with FAR part 8. The procurement history, detailed in Section 8, indicates the prior two phases of these services were awarded as a sole source contract to the Nez Perce Tribe. No mandatory sources were available for these services, and Nez Perce Tribe does not hold a GSA schedule contract.

If action was not competed, state the cited authority, summarize rationale: FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements Awarded 10 March 2017 to the Nez Perce at $15,994.80.

Purchase order or contract number: W912EF-15-D-0008, Delivery order: DT01 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale: FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements – Awarded 19 January 2016 to the Nez Perce at $13,389.00.

Purchase order or contract number: W9127N-15-P-0082 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale: FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements – Awarded 27 July 2015 to the Nez Perce at $9,682.91.

Purchase order or contract number: W9127N-14-P-0023 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale: FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements – Awarded 7 February 2014 to the Nez Perce at $8,337.82.

9. Additional Facts and/or Information to support the determination.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: Liz Oliver Position Title: District Archaeologist Email address: Elizabeth.a.oliver@usace.army.mil

Signature:

Date:

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination is as follows:

12. Contracting Officer’s Approval: I hereby certify that this determination is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source determination subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: DATE:

NAME: David L. Dvorak TITLE: Procuring Contracting Officer

None.

Based upon the procurement history outlined in Section 8, the price is expected to be fair and reasonable. In accordance with FAR 13.106-3(a)(2)(ii) and FAR 13.106-3(a)(2)(vi), the Government will compare the proposal to previous awards for similar services and the Independent Government Estimate to ensure price reasonableness.

3/21/2019