WBR 1416.505 Fonn 1 (September 2016)

JUSTIFICATION FOR AN EXCEPI'ION TO FAIR OPPORTUNITY

Solicitation No.: R l 7PS00708 Project Name: UPPER SAN JOAQUIN RIVER BASIN STORAGE INVESTIGATION ADDmONAL FEASIBILITY ANALYSIS, AND SUPPLEMENT TO FEASmILITY

REPORT

In accordance with FAR 16.505(b)(2}, the proposed contractual action is pursuant to the statutory authority of 41 U.S.C. 253(c).

Brand-name justifications must be prepared in accordance with FAR 6.302-1 (c).

I. Agency and Contracting Activity.

Bureau of Reclamation MP-3800 Acquisitions Division Supply and Services Branch 2800 Cottage Way Sacramento CA, 95825

2. Nature/Description of Action.

This requirement will be a hybrid finn-fixed price, time-and-materials task order issued against MP-38002012 IDIQ R l 2PC20255. This task order will be awarded with Tasks l and 5 as primary tasks, while tasks 2, 3 and 4 will be optional tasks. Time-and-Materials tasks will have not-to-exceed amounts, and may only be exceeded with the approval of a contracting officer. Funding will be obligated with Collaboration among State and Federal Agencies (CALFED) Restoration Funds.

3. Description of Supplies/Services.

This requirement describes tasks required to perfonn additional technical analysis and stakeholder coordination on the Upper San Joaquin River Basin Storage Investigation (USJRBSI) required for the Secretary of the Interior to provide a finding of feasibility and recommendation to the U.S. Congress consistent with the P.L 114-322. The Investigation is authorized under P.L. 108-7, the omnibus appropriations legislation for fiscal year 2003, and under P .L. I 08-361.

The description of planning services to be provided includes project management, technical support, operations analysis, economic evaluation and dependent analyses to demonstrate feasibility of a Reclamation and partner agreed upon operation of a potential new dam and reservoir. The Investigation is one of four ongoing surf ace water studies that were identified in the CALFED Record of Decision (ROD) for further study. The Initial Alternatives Information Report, Plan Fonnulation Report, Draft Feasibility Report, Final Feasibility Report, Draft Environmental hnpact Statement (EIS) and Final

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WBR 1416.505 Fonn I (September 2016)

JUSTIFICATION FOR AN EXCEmoN TO FAIR OPPORTUNITY

SoUcltatlon No.: R l 7PS00708 Project Name: UPPER SAN JOAQUIN RIVER BASIN STORAGE INVESTIGATION ADDmONAL FEASIBll.ITY ANALYSIS, AND SUPPLEMENT TO FEAsmn.rrv

REPORT

EIS have been completed under previous task orders. The additional technical analysis and stakeholder coordination necessary for the Secretary to provide a finding of feasibility and recommendation to the U.S. Congress is the subject of this work statement. When and if Congressional appropriation will oa:ur for the post-authorization work is unknown. The proposed Task Order will include adding the agreed upon operational alternative to the existing Final Feasibility Report as an additional alternative for consideration by Congress. A number of administrative draft versions will be prepared for technical, policy, and managerial review. Additionally, the Contractor will be responsible for preparing responses and revising the Feasibility Report based upon the Secretary's and 0MB staff comments.

The period of performance of the order will be from the date of the award to December 31 , 2018, with an estimated value of

4. Identification of the exception to fair opportunity and the supporting rationale

a. The following fair opportunity exception applies to this acquisition.

l6.S0S(b)(2)(i)(c). The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

b. Supporting Rationale.

The original Task Order Rl3PD2006l awarded 9/23/2013 was lhe result of a competitive act.ion under the IDIQ of MP-3800 for Scientific and Professional Services. The Solicitation was sent to all 10 Contractors holding a contract under the IDIQ. MWH was awarded the Time-and-Materials, Fum-Faxed Price hybrid contract based on best value for the Upper San Joaquin River Basin Storage Investigation Complete Feasibility Report and EnvironmMtal Impact Statement/Environmental Impact Report.

Under Task Order RI 3PD2006 l a complete Feasibility Study of stipulated Alternatives to building a storage system for water in the San Joaquin Valley were to be analyzed with the intent of providing the complete report with Alternatives study to 0MB in order to make a decision on consbUction. The Feasibility Report for stipulated Alternatives was sent to 0MB last winter (Nov-December) for final consideration.

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WBR 1416.505 Form I (September 2016)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Solicitation No.: Rl7PS00708 Project Name: UPPER SAN JOAQUIN RIVER BASIN STORAGE INVESTIGATION ADDmONAL FEASIBil.JTY ANALYSIS, AND SUPPLEMENT TO FEASIBilJTY

REPORT

While the repon was with 0MB, political pressure from stakeholders (non-federal sponsor) in the San Joaquin Valley caused Reclamation to request the Feasibility Report back from 0MB in order to analyze one additional alternative presented by the Stakeholders for final consideration from 0MB.

The analysis of the additional alternative is the work proposed to be completed in the Logical Follow-on action.

The Feasibility Report must be a coherent, comprehensive repon that displays all alternatives objectively and free from political persuasion in order for the correct alternative to be chosen. If another Contractor were to analyze the new alternative, there is a high risk that the modeling scenarios may be biased based on different representations as well as differing writing styles and the presentation of the information in the new alternative report. The cost implications to the biased treatment of the new alternative could be limitless, as the Reservoir location will be chosen based on the complete Feasibility Study to include the new alternative.

Additionally, while the other IDIQ contractors may have the skills to pedorm this type of work, it would result in substantial duplication of efforts and costs, and cause unacceptable delays of deliverables if the Government were to award to a contractor who has no background, experience and knowledge of the scope. Based on estimation by the COR and technical representatives, it would require nearly >r costs for the alternate Contractor to learn the project and achieve the level of knowledge required lo analyze the new alternative. These hours would be required to hold one-on-one meetings with the contractors, stakeholders, project managers and other participants of the study. Training, reading previous and current documents and reports would also take enormous amounts of time in order to obtain the knowledge required to assume the project. The alternate Contractor would also be required to travel back and forth to the site; hence, would require time and significant amount of funds.

5. Determination of Fair and Reasonable CosL

The contractor's proposed labor rates will be based on the awarded IDIQ contract's hourly labor prices, which were determined fair and reasonable at the time of award.

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WBR 1416.505 Form I (September 2016)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Solicitation No.: Rl7PS00708 Project Name: UPPER SAN JOAQUIN RIVER BASIN STORAGE INVESTIGATION ADDITIONAL FEASmILITY ANALYSIS, AND SUPPLEMENT TO FEASmILITY

REPORT

However, a technical evaluation will be conducted to determine if the number of hours proposed for each tasks are reasonable for the applicable scope.

6. Any Other Supporting Facts.

The existing contractor completed the Final Feasibility Report after more than a decade of study with the Federal GovemmenL Subsequently, the non-Federal sponsor asked the Secretary for consideration of an additional operational alternative for the proposed new dam and reservoir. The Final Feasibility Report was sent back to Reclamation for additional follow-on study to augment the existing work. The additional work is, at the request of the non-Federal sponsors, to add an operational alternative to the Report which will be done under this requirement.

7. Actions Taken to Remove Barriers to Competition.

Due to the nature of the feasibility study, the contractor has gained and developed extensive knowledge and skills since the beginning of the project. H the Government were to compete or sever this requirement, the new contractor will be required to learn the project to achieve the level of .knowledge required to continue the feasibility study. As a consequence, it will not only cause delays in executing the tasks but also interruption in drafting and finalizing the required reports for Congress. An alternate Contractor would need labor hours to become familiar with extensive engineering designs of a 665 foot dam and other facilities, in addition to the need to familiarize themselves with up to 8 highly technical models used to evaluate alternatives considered in the original feasibility investigation. The period of time for the learning curve would delay the report to Congress. Additionally, it would be too prohibitively expensive for the Government in terms of project management and duplication of contracting efforts. As such, there were no actions taken to remove barriers to competition at this time. However, for new and other unique requirements, every effort will be taken to remove barriers and promote competition.

This is the first use of this authority (16.505 (b){2)(i)(C)), logical follow-on to a task order already issued, under this requirement.

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