SPECIAL NOTICE
R -- Sole Source Intent
- Notice Date
- 8/27/2007
- Notice Type
- Special Notice
- Contracting Office
- Bureau of Reclamation - Upper Columbia Area Office 1917 Marsh Road Yakima WA 98901
- ZIP Code
- 98901
- Solicitation Number
- DOI-SNOTE-070827-001
- Archive Date
- 8/26/2008
- Description
- The NAICS code for this requirement is 541618; the activity description is "Other Management Consulting Services"; and the small business size standard is $6.5 million. The Bureau of Reclamation's Ephrata Field Office (Reclamation) intends to negotiate a sole-source contract for advisory and assistance services with Ms. Donna Postma. Ms. Postma will assist Reclamation with her knowledge and expertise and as a witness during litigation by submitting court and other documents and affidavits in support of Reclamation's programs including water rights claims and proof of appropriations, in the matter of CV. No. 06-204-RHW brought by Grant County Black Sands Irrigation District, et al., (BSID). Ms. Postma will work with experts from the Washington State Department of Ecology to develop a management program for the use of ground water in the 508-14 management area. Proposed tasks include: Research and prepare documents for the Federal Government's case in the BSID lawsuit, provide testimony and declarations for use by the Federal Government in the BSID lawsuit. Working with the Washington State Department of Ecology (DOE), and develop a joint management program for the 508-14 waste, seepage and return flow management area. This work will be performed by the contractor using unique knowledge gained over 3 previous lawsuits filed by the BSID. The contractor also has worked with the programs directly associated with the management of the Quincy Groundwater Management program, including the groundwater licenses and yearly billing of charges. This work will consist of functioning as a witness for Reclamation during the litigation of the BSID lawsuit. The contractor will work with legal counsel for the Government to develop, prepare and deliver testimony in all forms when required by the Government. The contractor will also assist legal counsel in development and preparation of testimony for other witnesses within the Government's case. The proposed contractor will be working with personnel from DOE in the development of a joint management program for utilization of the waste, seepage and return flows moving through the 508-14 area. Water in the 508-14 area has been imported by Reclamation during irrigation of the Columbia Basin Project since 1952. Reclamation made claim to the water and the DOE agreed that the water was Reclamation water and should be subject to licensing by Reclamation. The contractor has worked directly with a similar program called the Quincy Groundwater Program for many years as the groundwater specialist and Manager of the Environmental and Contracts workgroup at the EFO. The timeframe for performing this task will be dictated by the requirements of the court. It is anticipated that the lawsuit will be litigated by the end of fiscal year 2009 but may extend beyond at the behest of the court. Ms. Postma worked for Reclamation as a Manager of the Environment, Contracts and Water Rights Division at the Columbia Basin Project/Ephrata Field Office for the past 18 years. Prior to her work for Reclamation, Ms. Postma worked as a Reclamation Reform Act Specialist for the Quincy Columbia Basin Irrigation District. During her career with Reclamation, Ms. Postma acquired unique knowledge and skills in water rights, repayment contracting and Reclamation law. Reclamation requires the services of a contractor who has in-depth knowledge of Reclamation's water rights, legislative authorizations, historical precedents and regulations, repayment and water service contracts, court decisions, unique State statutes, Federal contracts and Acts of Congress affecting the water rights in the Columbia Basin Project and throughout north-central Washington, Idaho and Montana. Reclamation also requires specific knowledge of the inter-relationship between State and Federal water law as it pertains to ground and surface water rights, the contractual relationships and roles of Reclamation and its contracting water entities and individuals. Because of Reclamation's trust responsibility to Native Americans, contractual obligations to other water users throughout the Project and Field Office area and the complexity of the water rights and contracting processes, it is not possible to find other contractors capable of providing for our immediate needs. Further, during Ms. Postma's long service to the Columbia Basin Project, she has gained a unique knowledge of Project history, documents and reports and has become extremely familiar with relationship between State and federal water law, Reclamation's relationship with its contracting irrigation districts, and the existence and location of highly relevant materials which often play a vital role in protecting United States' interests. Therefore, it is to the Government's interest to acquire the services of Ms. Postma. Ms Postma's unique knowledge of Federal regulations, Washington State law and the requirements of a ground water licensing program make her the only available person to work on Task 3 of this contract. Her years of unique experience associated with the prior BSID lawsuits and her knowledge of what have been done previously again make her the only available person to supply testimony on the operations of the Quincy Groundwater program for the past 18 years. While others have knowledge of aspects of the lawsuit, Ms Postma has knowledge of aspects that no one else has worked with. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. This notice of intent is not a request for competitive proposals. However, interested parties that are certain they can meet the requirement must submit in writing an affirmative response and technical capabilities. All written responses must include a written narrative statement of capability, including detailed technical information demonstrating their ability to meet the above requirements. All proposals received within 10 days after date of publication of this synopsis will be considered by Reclamation. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. A determination by Reclamation not to compete this proposed contract based upon responses to this notice is solely within the discretion of Reclamation. Please send any responses to Connie Morgan, Purchasing Agent, Bureau of Reclamation 1917 Marsh Road Yakima WA 98901
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- Record
- SN01386601-W 20070829/070827221654 (fbodaily.com)
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