OVERVIEW The proposed agreement will fund important improvements and maintenance needs for operations at Millerton Lake State Recreation Area (MLSRA).
Demolition, utility improvements and construction of Service Yard facilities will aid in better services and safer facilities for the visiting
public and employees of MLSRA.
Construction objectives include demolition of deteriorating and hazard buildings, Utility improvements, grade-work and ADA facilities, Service Building construction and construction of a Wash Pad for treatment of invasive Quagga Mussels.
These objectives need to be met in order for the Recreation Area to adequately meet its planned improved operation for public use of the area.
RECIPIENT INVOLVEMENT CDPR requests funding to provide for critical needs in facility and program support.
CDPR has proposed facility improvements to the South Shore Maintenance Yard to replace aging infrastructure, meet compliance with the American with Disabilities Act (ADA) & Section 504 of the Rehabilitation Act for Accessible facilities Standards on Federal Land), and meet current health and safety standards.
The funding will provide assistance in completing construction projects which will improve these facilities.
The funds are designed to substantially complete 5 objectives in the South Shore Improvement project.
The project will be managed and completed by CDPR with regular coordination and communication with Reclamation staff.
RECLAMATION INVOLVEMENT No substantial involvement on the part of Reclamation is anticipated for the successful completion of the objectives to be funded by this award.
It is anticipated that Reclamation’s involvement will consist of standard federal stewardship responsibilities such as monitoring project performance, technical assistance at the request of the recipient.
Regular communication and reporting oversight will be coordinated with CDPR.
SINGLE-SOURCE JUSTIFICATION DEPARTMENT OF THE INTERIOR SINGLE SOURCE POLICY REQUIREMENTS Department of the Interior Policy (505 DM 2) requires a written justification which explains why competition is not practicable for each single-source award.
The justification must address one or more of the following criteria as well as discussion of the program legislative history, unique capabilities of the proposed recipient, and cost-sharing contribution offered by the proposed recipient, as applicable.
In order for an assistance award to be made without competition, the award must satisfy one or more of the following criteria:
(1) Unsolicited Proposal – The proposed award is the result of an unsolicited assistance application which represents a unique or innovative idea, method, or approach which is not the subject of a current or planned contract or assistance award, but which is deemed advantageous to the program objectives; (2) Continuation – The activity to be funded is necessary to the satisfactory completion of, or is a continuation of an activity presently being funded, and for which competition would have a significant adverse effect on the continuity or completion of the activity; (3) Legislative intent – The language in the applicable authorizing legislation or legislative history clearly indicates Congress’ intent to restrict the award to a particular recipient of purpose; (4) Unique Qualifications – The applicant is uniquely qualified to perform the activity based upon a variety of demonstrable factors such as location, property ownership, voluntary support capacity, cost-sharing ability if applicable, technical expertise, or other such unique qualifications; (5) Emergencies – Program/award where there is insufficient time available (due to a compelling and unusual urgency, or substantial danger to health or safety) for adequate competitive procedures to be followed.
Reclamation did not solicit full and open competition for this award based the following criteria:
(4) UNIQUE QUALIFICATIONS Single Source Justification Description:
Single source justification was used in this proposal because Millerton Lake State Recreation Area is operated through a Management Agreement between Reclamation and California Department of Parks and Recreation (CDPR).
(Contract No.
12-LC-20-0152).
That Agreement states that the “Administration, Operation, Maintenance, and Development of Recreation uses and Facilities shall be managed by CDPR, for the term of the Agreement.
CDPR operates and manages Reclamation land around Millerton Lake and adjacent to Friant Dam.
All equipment and the Management structure necessary to operate MLSRA is provided on site by CDPR.
CDPR has managed the Area for Reclamation since 1957, originally under Contract No.
14-06-200-688 1. In April of 2010, Reclamation issued a Final Resource Management Plan (RMP)/Environmental Impact Statement.
This document stated that ‘Implementing the RMP management actions will be the primary responsibility of the managing partner”.
CDPR has been the Managing Partner since 1958 and has distinct and adequate background to continue in that capacity and to administer financial assistance when required.
STATUTORY AUTHORITY The U. S. Bureau of Reclamation is proposing to enter into this agreement on a sole source basis.
This document, Notice of Intent, sets forth the justification:
P.L.
89-72, Federal Water Project Recreation Act, July 9, 1965, Section 1, Section 3(b)(1), Section 3(c)(1).
The following section, provided in full text, authorizes Reclamation to award this financial assistance agreement:
P.L.
89-72, Federal Water Project Recreation Act, July 9, 196 5. Section 1, Section 3(b)(1) and Section 3(c)(1).
Sec.
1. Congressional policy—It is the policy of the Congress and the intent of this Act that (a) in investigating and planning any Federal navigation, flood control, reclamation, hydroelectric, or multiple-purpose water resource project, full consideration shall be given to the opportunities, if any, which the project affords for outdoor recreation and for fish and wildlife enhancement and that, wherever any such project can reasonably serve either or both of these purposes consistently with the provisions of this Act, it shall be constructed, operated, and maintained accordingly:
(b) planning with respect to the development of the recreation potential of any such project shall be based on the coordination of the recreational use of the project area with the use of existing and planned Federal, State, or local public recreation developments; and (c) project construction agencies shall encourage non-Federal public bodies to administer project land and water areas for recreation and fish and wildlife enhancement purposes and operate, maintain, and replace facilities provided for those purposes unless such areas or facilities are included or proposed for inclusion within a national recreation area, or are appropriate for administration by a Federal agency as a part of the national forest system, as part of the public lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife and Sec.
3 (b) (1) If non-Federal public-bodies execute an agreement after initial operation of the project (which agreement shall provide that the non-federal public bodies will administer project land and water areas for recreation or fish and wildlife enhancement or both pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and will bear not less than one-half the costs of lands, facilities, and project modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement, and not less than one-half the costs of planning studies, and the costs of operation, maintenance, and replacement attributable thereto) the remainder of the costs of lands, facilities, and project modifications provided pursuant to this paragraph shall be non-reimbursable.
and Sec.
3(c) (1) Any recreation facility constructed under this Act may be expanded or modified if (A) the facility is inadequate to meet recreational demand:
and (B) a non-Federal public body executes an agreement which provides that such public body- (i) will administer the expanded or modified facilities pursuant to a plan for development for the project that is approved by the agency with administrative jurisdiction over the project; and (ii) will bear not less then one-half of the planning and capital costs of such expansion or modification and no less than one-half of the costs of the operation, maintenance, and replacement attributable to the expansion of the facility.
(2) The Federal share of the cost of expanding or modifying a recreational facility described in paragraph (1) may not exceed 50 percent of the total cost of expanding or modifying the facility.