A.02.08 Single Source Determination - Redacted.pdf

Control number: 24-0005

SINGLE SOURCE – JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers (USACE), Walla Walla District (CENWW- CT) 201 North 3rd Avenue, Walla Walla, WA 99362-1876.

2. DESCRIPTION OF ACTION: This action is for a new firm-fixed-priced, single-source requirement contract to Wyoming Game and Fish Department to provide information concerning Bald Eagle nest activity near and on the Jackson Hole Levees near Jackson, Wyoming. This will be a base plus four option years contract.

3. DESCRIPTION OF SUPPLY: This action is to procure Bald Eagle Surveys. The survey includes location and activity information, to include the presence of eaglets and of bald eagle nests near and on the Jackson Hole Levees near Jackson, Wyoming.

The total estimated value of this procurement is for the base plus four option years.

4. AUTHORITY CITED:

FAR 13.106-1(b)(1) - Solicitation from a single source. For purchases not exceeding the simplified acquisition threshold, contracting officers may solicit from one source if the contracting officer determines that the circumstances of the action deem only one source reasonably available.

FAR 13.501(a)(1) – Although not generally subject to the requirements of FAR Part 6, this sole source acquisition must be justified in writing and the justification must use the format at FAR 6.303-2 modified to reflect that the procedures in subpart 13.5 were used in accordance with 41 U.S.C.1901 or the authority of 41 U.S.C.1903.

5. REASON FOR AUTHORITY CITED:

A. BACKGROUND: Each year the Walla Walla District obtains locations and activity for bald eagle nests in the Jackson Hole Levees Project area. Because of the sensitive nature of bald eagles, it is necessary to plan work around these nests. Therefore, the nest locations which may vary from year to year, must be determined. The Game and Fish Department of Wyoming performs a survey of the nesting and activity of the bald eagles two (2) times a year, once in the early spring (March-April) and another in the late spring (May-June). Wyoming Game and Fish Department maintains the state-wide database of eagle nesting locations and activity. This database is kept confidential to promote privacy for the eagles, and so is exclusive to the Game and Fish Department. The portion of the database applicable to the Jackson Hole Project will be accessible to the District by way of a report.

Pursuant to the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c), the Corps of Engineers is required to ensure that there is no disturbance to the bald or golden eagles on property in the Jackson Hole Wyoming area where the Corps performs levee operations and maintenance activities.

“Disturb” means: “to agitate or bother a bald or golden eagle to a degree that causes, or is Likely to cause, based on the best scientific information available, 1) injury to an eagle,