WBR_1413_106-1_Template_1_Determination_to_solicit_from_a_single_source_Ducks_Unlimited_1.pdf

PR Number 44053650 Page 1 of 2

WBR 1413.106-1 Template 1 eFile - B02

(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, Acquisitions Division, Bureau of Reclamation Missouri Basin Region

2. Name and Address of Single Source.

Ducks Unlimited 3074 Gold Canal Dr.

Rancho Cordova, California 95670-6116

3. Description of Supplies/Services and Estimated Cost.

The Bureau of Reclamation must purchase 0.55 acres of wetland mitigation credits to meet U.S.

Army Corps of Engineers requirements under a Nationwide Permit for the Heart Butte Dam Safety of Dams Modification Project in North Dakota. Because the project will create unavoidable permanent wetland impacts, the required credits must be obtained specifically through the Ducks Unlimited North Dakota Wetland Mitigation Program as designated in the permit.

The Contractor is responsible for securing the exact credits needed and ensuring all actions comply with 33 CFR Part 332. Within 28 days of contract award, the Contractor must submit an invoice for the already-available mitigation credits. After the Bureau processes payment, the Contractor must complete and sign a Credit Sales Letter and return it to the Bureau within 28 days, enabling submittal to the USACE for regulatory compliance.

4. Description of Circumstances, including why only one brand name is reasonable

The internal procurement package explicitly states that the U.S. Army Corps of Engineers (USACE) Nationwide Permit 3 verification letter requires Reclamation to obtain the mitigation credits specifically through the Ducks Unlimited North Dakota Wetland Mitigation Program. This is not a discretionary choice by Reclamation; it is a permit-mandated provider designation.

Because the regulatory authorization ties mitigation compliance to a specific credit provider within the designated service area, no alternative providers are permissible. Any deviation would fail to meet the explicit conditions of the USACE permit, making Ducks Unlimited the only legally acceptable and compliant source for the required wetland mitigation credits.

Solicitation No. 140R6026Q0078 Page 2 of 2

WBR 1413.106-1 Template 1 eFile - B02

(11/2020)

5. Determination of Fair and Reasonable Price.

The Government will perform a price analysis by looking at historical prices paid for the credits, whether pricing is set/regulated for the credits, and all other information reasonable available to the Contracting Officer to determine the price of the credits.

6. Description of Market Research.

The government performed market research relating to the Ducks Unlimited wetland mitigation credits parts by contacting individuals knowledgeable within Reclamation, by speaking with individuals from Industry regarding other products and services which could meet the government requirements. The Contracting Officer also fully reviewed the USACE permit regarding Ducks Unlimited being the sole source for this effort (see Attachment #1).

SIGNATURES

PREPARED BY:

Name: Mitchell Frost

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

Name: Mitchell Frost

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