Yakama Nation Museum and Cultural Center – 45SA11 Curation

***Amendment 01 - Posted 7 April 2025***

Added Attachment 1 - Questions and Answers 1-5

***End of Changes***

This is a special notice prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 5.2 “Synopses of Proposed Contract Actions.”

The U.S. Army Corps of Engineers Portland District intends to negotiate a sole source award, pursuant to 10 U.S.C. § 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 13.106-1(b) only one responsible source and no other vendor will satisfy agency requirements, to the Confederated Tribes and Bands of the Yakama Nation (Yakama Nation) for the curation of the Yakama Nation Museum and Cultural Center. The following actions provide background and context in which the Corps makes decisions:

DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

The U.S. Army Corps of Engineers, as a federal agency, must curate archaeological collections excavated from their property pursuant to the Antiquities Act (54 USC 320301-320303), the Reservoir Salvage Act (16 U.S.C. 469-469c), section 110 of the National Historic Preservation Act (54 U.S.C. 306101 - 306114 ), and the Archaeological Resources Protection Act (16 USC 470aa-mm). The Corps is in possession of numerous collections recovered from Corps lands.

The Portland District requires curatorial services to carry out this responsibility. The Yakama Museum currently provides professional care and management of the collection and property of articles belonging to four Native American tribes.

This acquisition is for the ongoing curation and management of Portland District collections housed at Yakama Museum. The services are for a base year contract and four additional option years.

AUTHORITY CITED:

FAR 13.106-1 Soliciting Competition.

(b) Soliciting from a single source.

(1) For purchases not exceeding the simplified acquisition threshold.

(i) 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).

Background: Antiquities Act, the Reservoir Salvage Act, section 110 of the National Historic Preservation Act, and the Archaeological Resources Protection Act and 36 CFR 79: Curation of Federally-Owned and Administered Archaeological Collections. As part of its responsibilities under various cultural resources laws and regulations, the Corps must curate and administer archaeological collections to certain standard.

Yakama Museum is uniquely qualified to continue to curate the Portland District collections because of their knowledge of cultural requirements and ability to meet curation standards. Yakama Museum houses Native American artifacts from their anscestal lands, including other than Corps found artifacts, in a special constant humidity temperature room that meets specific federal standards for the curation of archeological artifacts. Oregon Tribes want all Native American artifacts to stay within the state where they are found for cultural and religious reasons

Justification: Yakama Museum is uniquely qualified to continue to curate the Portland District collections because of their knowledge of cultural requirements and their sensitivity to the needs of the Tribes. The collection at Yakama Museum is from an ancestral Yakama village.

Impact: Failure to utilize Yakama Museum would be a substantial duplication of cost to the Government that is not expected to be recovered through competition. The Government would incur additional expenses to remove the collection from Yakama Museum and transfer to another facility.

Alternatives: There are no known alternative sources for these services which possess the knowledge of the Yakama Museum.

A SOLICITATION WILL NOT BE POSTED. THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE PROPOSALS OR QUOTATIONS.

All responsible sources may submit a capability statement to the contracting officer before the notice end date. If no affirmative written responses are received by 10:00 AM Pacific time on 07 April 2025, the Contracting Officer will proceed with the sole source action. Oral communications are not acceptable in response to this notice. A determination by the Government not to compete this proposed requirement is solely within the discretion of the Government. Electronic responses and questions shall be submitted via email to BOTH POCs listed, below. The U.S. Army Corps of Engineers is not responsible for any costs incurred by responding to this notice.