Transboundary Aquifer Program (TBAP) Santa Cruz & San Pedro

SOLE SOURCE JUSTIFICATION Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $550K) 1. Agency/Contracting Activity: International Boundary & Water Commission, United States & Mexico, US Section (USIBWC) 2. Description of Action: Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number IA IBM09A0025 (Umbrella) Pricing: Firm-Fixed Price Time & Materials Cost Funds: OMA Other Funds: S&E- EMD Funds Name of Proposed Contractor(s): USGS- Az Water Science Center Street Address: 520 North Park Avenue, Suite 221 City, State, Zip: Tucson, AZ 85719 Phone: (520) 670-6671 3. Description of Services or Supplies: The total estimated value of the proposed action is $ 40,000.00 A binational technical work group for the priority aquifers in Arizona/Sonora was formed by the IBWC to conduct data collection activities in the San Pedro and Santa Cruz river aquifers. The group has been meeting for the past two years and has collected valuable information. Under the auspices of this binational technical work group, the Principal Engineers of the International Boundary and Water Commission (IBWC) have proposed that a binational document be prepared summarizing the state of knowledge of the Upper Santa Cruz and Upper San Pedro aquifers, which are currently being assessed by the Arizona-Sonora portion of the US-Mexico Transboundary Aquifer Assessment Program. The objective is to build in one document a truly integrated cross-border synthesis of the state of knowledge concerning the geology, hydrology, and hydrogeochemistry of each basin. Such a document would represent a major step forward both in the understanding of the two basins and in cooperation between the two countries. 4. Authority: (Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following, but other exceptions may be used.) Action using simplified acquisition procedures (select one): FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization) 5. Reasons for Authority Cited: a. Explain why the intended contractor is the only reasonable source who can provide the required supplies or services. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. If brand name, explain why an adequate purchase description or other information suitable to solicit by full and open competition has not been developed or are not available. The USGS, AZ Water Science Center, is the recognized expert in this field and is conducting the research that will form the basis of the report. Any other contractor would not have access to the data collected by the USGS and would have to enter into a contract to produce a similar product and thus the USIBWC would pay "twice" to the contractor and the USGS to produce a binational report. b. For a follow-on contract action of highly specialized services, or the continued development or production of a major system or highly specialized equipment, discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or discuss the unacceptable delays to the government. Provide an estimate of the costs that will be duplicated and explain how such estimate was derived. This is not a follow-on contract per se (see c below). c For contract extensions or bridge contracts when a competitive follow-on is in the works, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones for the follow-on action; they should be as tight as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start-up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including important dates and the basis of the protest. Establish that the action will provide the minimum quantity or performance period. The USGS and USIBWC have been working on this project for two years, any other vendor would have a huge start up cost and learning curve. They would also have to recruit near the Nogales, Az/Nogales, Sonora border to attend meetings and work with Mexico. d. If urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. The timing is very important because other agencies from the U.S. and Mexico are participating and expending resources to provide information and participate in binational technical meetings. It is imperative that the vast majority of the work be completed prior to the end of fiscal year 2012. 6. Actions to Increase Competition: Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies. If notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible. This is a onetime requirement but every effort will be made to provide competition if a similar effort is conducted in the future. 7. Market Research: Describe the extent of the market research conducted to identify all qualified sources and the results thereof. "Market Research" is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, telephonic, or world wide web inquiries. The experts who are knowledgeable in this field for this specific area are already participating in the binational technical work groups. Aside from USGS, the University of Arizona conducts groundwater studies in these aquifers, and as stated, they already are contributors to the project. Similar experts in Mexico from CONAGUA and the University of Sonora are also participants. 8. Procurement History: Previous Purchase Order(s) or Contract(s): Yes Interagency Agreement IBM09A0025, as well as IWOs IBM12W0001, IBM11W0001,and IBM10W0029... Mesilla Basin Groundwater Monitoring Was action competed? No If action was not competed, state the cited authority, summarize rationale: FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)