WBR_1413_106-1_Template_1_Determination_to_solicit_from_SS_under_SAT__FAR_13_Fully_signed.pdf

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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, Bureau of Reclamation, Upper Colorado Region- Albuquerque Area Office, Alamosa Field Division, Alamosa, Colorado

2. Name and Address of Single Source.

Colorado Department of Natural Resources Division of Water Resources 1313 N. Sherman St.

Ste 718 Denver, CO 80203-2239

3. Description of Supplies/Services and Estimated Cost.

Hydrologic data will be collected from the waterways, pumping plants, and measuring structures within the Closed Basin Division Project area. The data consists of copies of all field measurement records for all sites and developed rating tables for water measure structures and devices.

Estimated Cost:

Year 1 $24,320.00 Year 2 $25,052.00 Year 3 $25,796.00 Year 4 $26,156.00 Year 5 $26,924.00

Total $128,248.00

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

IAW FAR 13.106-1(b)(1)(ii), the Colorado Division of Water Resources (CDWR) has been collecting hydrological data from the waterways, pumping plants, and measuring structures within the Closed Basin Division Project are for the last 25 years. The data collected is the water count evidence used to prove the amount of required water the Closed Basin Division Project must provide under the Rio Grande compact. The CDWR has the ability to record and store data information long-term.

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There has been 20+ years of data collected and recorded by the CDWR that provides not only baseline data from the first year of operation of the project but consistency and reliability in reporting water deliveries to the Rio Grande. This hydrological data can only be obtained by the CDWR because they provide and maintain the data collection equipment used in the Closed Basin Division Project Area. Their longstanding and continued involvement in the hydrological data collection is integral in administering and assuring compliance with the Rio Grande Compact.

The State of Colorado, acting through the CDWR is the only agency or entity that has the authority under the Rio Grande Compact and its rules and regulations to operate the Closed Basin Canal gage.

5. Determination of Fair and Reasonable Price.

IAW FAR 13.106-3(a)(2)(ii) the price is considered fair and reasonable based on a comparison with the Government’s IGCE costs/prices and the previous contract 140R4018P0018. The comparison indicates a difference of 7.92% and a 7.62% decrease in costs/price.

6. Description of Market Research.

Market research was conducted in June of 2023.

The Project is operated and maintained by Bureau of Reclamation personnel. A contract with the Rio Grande Water Conservation District (RGWCD) provides for civil maintenance on Project facilities. The Project's overall operation is monitored by a three-person operating committee to insure the Project is being operated according to authorizing legislation. This committee consists of members appointed by the Secretary of the Interior, Colorado Water Conservation Board, and Rio Grande Water Conservation District. This operating committee is to determine if the requirements of Section 102 of Public Law 92-514 as amended are being complied with.

The purpose of the Closed Basin Division project is to salvage unconfined ground water and available surface flows in the Closed Basin that would otherwise be lost to evapotranspiration by salt grass, rabbit brush, greasewood, and other vegetation. The salvaged water is delivered through a 42-mile conveyance channel to the Rio Grande to assist Colorado in meeting its commitment to the States of New Mexico and Texas, under the Rio Grande Compact of 1939, and to assist the United States in meeting its commitment to Mexico under the treaty dated May 21, 1906.

The Rio Grande Compact is a complicated document which attempts to maintain the relationship of annual flows across state boundaries which had developed by the early 20th century. The terms of the Compact are flexible, recognizing annual variations in natural flow and anticipating that new sources of water for the Basin would develop. Colorado has the most difficulty meeting its delivery requirement in years when the river's flow is high. Under the Compact, states can also accumulate a debt or credit.

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Colorado began to accumulate a debt after 1949 and it reached an estimated 944,000 acre feet, from 1952 to 1966 due to five large water years which occurred during that time. In 1966, Texas and New Mexico sued Colorado. This suit carried to the United States Supreme Court. In 1968 a stipulation was reached among the three states which, in essence, said that Texas and New Mexico would not proceed with further litigation if Colorado would honor its obligations under the Compact. From 1968 to 1985 the State Engineer strictly enforced the terms that Colorado had to meet to repay its debt and meet its annual allotment.

Colorado Division of Water Resources (CDWR) The CDWR, also known as the Office of the State Engineer, administers water rights, issues water well permits, represents Colorado in interstate water compact proceedings, monitors streamflow and water use, approves construction and repair of dams and performs dam safety inspections, issues licenses for well drillers and assures the safe and proper construction of water wells, and maintains numerous databases of Colorado water information.

For over 125 years, the Division of Water Resources (DWR), directed by the State Engineer, has been empowered to administer all water rights according to the Prior Appropriation Doctrine (in short, 1st in time, 1st in right). Most of this work is done by Division Offices located in the seven major river basins of the state, directed by the Division Engineers.

Division Engineers are supported by water commissioners to ensure the priority system is followed, enforcing the decrees and water laws of the State of Colorado.

The Division of Water Resources’ (DWR) database of streamflows, diversion records, lake storage levels, water rights, water right calls, well applications and more is known as HydroBase. This information is maintained by DWR to support water administration as well as to inform the public.

Colorado’s Decision Support Systems (CDSS) CDSS is a data-centered, water management system funded through Colorado Water Conservation Board (CWCB) with technical support from both CWCB and Division of Water Resources (DWR) staff. The goal of this system is to assist in making informed decisions regarding historical and future use of water. Both DWR and CWCB have a hand in developing, managing and enhancing CDSS tools and models for the major river basins in Colorado. CDSS data is pulled from DWR's HydroBase database.

On 8/24/2023, Reclamation received a notification letter from CDWR’s Division 3 Engineer, Craig Cotton, stating that there is no other entity or agency that has the authority to operate any Compact gage, including the Closed Basin Canal gage. Therefore, a third party is incapable of fulfilling this requirement, to include mandatory sources, thus this requirement must be sole sourced to CDWR.

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SIGNATURES

PREPARED BY:

Name: Ronda Lucero, Contract Specialist

Date: 8/25/2023

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

Name: Kristen Ruiz Jimenez

Date:

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