WBR_1413_106-1_Determ__to_solicit_from_a_single_source_SAT__FAR_13_1.pdf

Solicitation # 140R4022Q0063 Page 1 of 3

WBR 1413.106-1 Template 1 (11/2020)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity.

U.S. Department of the Interior, Bureau of Reclamation, Albuquerque Area Office, Acquisition Management Division

2. Name and Address of Single Source.

Colorado Department of Natural Resources, Division of Water Resources 1313 N Sherman Street, Suite 718 Denver, CO 80203-2239

3. Description of Supplies/Services and Estimated Cost.

The Bureau of Reclamation Albuquerque Area Office (Reclamation) requires flow measurement and data of bypass flows, as well as San Juan-Chama Project inflow, using gauges that are owned by the State of Colorado Division of Water Resources (CODWR).

The gauges were installed and are owned, operated, and maintained by the CODWR.

Reclamation pays the CODWR $4,800.00 annually ($1,200.00 per gauge) to offset the cost to operate and maintain flow gauges below the Blanco, Little Oso, and Oso dams, as well as a flow gauge at the outlet of the Azotea Tunnel, where combined flows from the three diversion dams are discharged.

The base year period of performance is from October 1, 2022, to September 30, 2023. The contract will be for a base and four option years for a total of $24,000.00 ($4,800.00 per year).

4. Description of Circumstances, including why only one source is reasonably available.

In accordance with FAR 13.106-1(b)(1)(i), CODWR is the only company able to perform the stream gauging services because the gauges were installed and are owned, operated, and maintained by the CODWR. This is the only practicable method of acquisition of the services required due to ownership, access, and authority to collect the data.

The San Juan-Chama Project diverts flows from the San Juan-Chama (SJC) watershed to the Rio Grande watershed. Reclamation is legally bound to bypass certain minimum flows within the SJC watershed to ensure adequate downstream flow. The Blanco Dam, Little Oso

Solicitation # 140R4022Q0063 Page 2 of 3

Dam, and Oso Dam are located within the State of Colorado, so Colorado also has an interest in accurately measuring these flows.

CODWR has been performing this stream gauging work for Reclamation since 2014. The State of Colorado is also interested in receiving accurate data from the gauges, so Reclamation only pays a nominal amount toward the gauges' operation and maintenance.

This data is used in accounting reports for the Rio Grande Compact Commission (RGCC), so it must be officially certified as “approved and published.” CODWR pays the United States Geological Survey (USGS) to approve and publish the official data.

5. Determination of Fair and Reasonable Price.

The Contracting Officer has determined the cost of the stream gauging services to be fair and reasonable in accordance with FAR 13.106-3(a)(2)(ii) and (vi). Reclamation previously purchased the stream gauging services as follows:

Purchase Date

Contract No. Contract Amount

Contractor Contract Timeframe

9/16/2014 R14PX01082 $14,400.00 Colorado Department of Natural Resources, Division of Water Resources

Base and two option years.

8/30/2017 R17PX00631 $24,000.00 Colorado Department of Natural Resources, Division of Water Resources

Base and four option years.

Reclamation pays the CODWR $4,800.00 annually ($1,200.00 per gauge) to offset the cost to operate and maintain flow gauges below the Blanco, Little Oso, and Oso dams, as well as a flow gauge at the outlet of the Azotea Tunnel, where combined flows from the three diversion dams are discharged. Reclamation has been paying the same amount since the 2014 contract was awarded and will continue to do so for the next five years which makes the cost of the stream gauging services fair and reasonable.

6. Description of Market Research.

The market research performed by the Government’s technical expert, Sarah Branum, indicates that stream gauging is a commercial service which can be done by other companies.

However, the streamflow measurements needing to be collected are at gauges that are owned, operated, and maintained by the CODWR. If the service contract was opened to competition, any successful quoter would have a considerable up-front cost to establish their own measurement locations and install their own equipment. This would significantly raise Reclamation’s cost for this information.

Additional market research performed by the Contract Specialist indicates that since the CODWR owns, operates, and maintains the gauges that it remains economical to purchase the stream gauging services from the CODWR. Other companies would not have the authority to access these gauges, nor would they be able to officially certify the data so it can be used for the accounting reports for the RGCC. Because the State of Colorado is also interested in the flow information from these gauges, CODWR pays the USGS to approve

Solicitation # 140R4022Q0063 Page 3 of 3 and publish the official data. A private company would need approval from RGCC to collect, approve, and publish the data without USGS involvement. Approval from RGCC is a lengthy, costly process and would compromise the private company's ability to provide Reclamation with the data needed in a timely and cost-effective manner.

Market research indicates that it costs approximately $25,000 to install stream gauges and it costs between $16,000-$18,000 to operate the gauges annually. The use of the CODWR stream gauges offers Reclamation a savings of approximately $11,200 per year for stream gauging services.

Based on the market research, it is determined that the Colorado Department of Natural Resources, Division of Water Resources remains the only company that can provide the stream gauging services required due to their ownership, access, and authority to collect the data required.

SIGNATURES

PREPARED BY:

Name: Tina M. Villegas

Date: July 6, 2022

CONTRACTING OFFICER (CO) (FAR 13.106-1(b)):(All Values)

Name: Tina M. Villegas

Date: July 6, 2022

X

X