A.02_JA JSATS_Redacted.pdf

Control NWP-20-011

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY:

U.S. Army Corps of Engineers (USACE), Portland District (NWP), Contracting Division, Special Projects Branch (CECT- NWP), 333 SW 1st Avenue, Portland, OR 97204.

2. DESCRIPTION OF ACTION TO BE APPROVED:

This justification and approval for other than full and open competition is for a sole source, simplified acquisition for Juvenile Salmonid Acoustic Telemetry System (JSATS) transmitters (tags) for a fish passage and survival study at USACE Mud Mountain Dam (MMD), Enumclaw, WA. The fish passage and survival study will be conducted by researchers under a separate contract. Advanced Telemetry Systems, Inc. (ATS) will be awarded the contract with funds utilizing annual Operation and Maintenance (O&M) appropriations.

3. DESCRIPTION OF SUPPLIES/SERVICES:

ATS will provide 370 each Juvenile Salmon Acoustic Telemetry System (JSATS) Model SS400 Series acoustic transmitters (tags). The total estimated value of the contract is $ . The Government has determined this contract to be of critical importance to the fish operations in the Buckley area, and that feasible substitutes are not available for reasons described below.

4. STATUTORY AUTHORITY:

This contractual action will be executed under the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 13.1061(b) Soliciting from a Single Source and no other supplies or services will satisfy agency requirements.

5. RATIONALE SUPPORTING USE OF AUTHORITY CITED:

5.1 Background

a) USACE has been using acoustic telemetry techniques to estimate juvenile salmon and steelhead passage, and survival rates, at USACE owned multi-purpose dams for over a decade. The results of these fish passage and survival studies are used to inform management decisions for operational and structural improvements at the multi-purpose dams in order to improve the Endangered Species Act (ESA) listed salmon and steelhead populations as required by the National Marine Fishers Service (NMFS) Biological Opinions (BiOps). These studies are keeping USACE compliant with the BiOps. The BiOps for MMD require improvements to ESA listed juvenile salmon and steelhead passage at the dam. This fish passage and survival study will address the BiOps and inform the improvements. USACE has been utilizing acoustic telemetry, specifically JSATS, for these types of fish passage and survival studies because of the precision of this technology; that is, JSATS is able to precisely detect individually tagged small-size fish and their precise location as they migrate pass a dam and in the river downstream. Studies are continuously conducted to evaluate migration paths and disbursement of fish in order to validate that they have reached pre-designated points along the migration route, survivability, and any requirements to improve conditions contributing to fish mortality.

b) USACE holds the patent and frequency of this JSATS tag because USACE funded the development of the tags for USACE sponsored fish passage and survival studies at hydropower dams to meet BiOp requirements. USACE made the specifications of the tag publicly available.

c) The JSATS Model SS400 tags are required for this study because these tags are small in size, which would allow tagging the small size fish expected to migrate past MMD and be evaluated for passage and survival. This small size tag is required for this study because larger tags cause weight burden on the fish; that is, larger tags are heavier and thus cause burden on fish, reducing their swimming abilities and survival.

d) The fish passage and survival study that NWP will be conducting at Mud

Mountain Dam is NMFS Biological Opinion (BiOp) requirement and the JSATS tags are reqruied to have a tag failure rate less than or equal to 2% to meet the performance requirements.

5.2 Justification

The proposed sole source contractor is Advanced Telemetry Systems, Inc.

Experience and compatibility with equipment designed according to the patent specification is the characteristic that makes this firm the only one capable of supplying the required item.

USACE has previously purchased all the necessary acoustic telemetry equipment for fish passage and survival studies, including acoustic receivers, telemetry cables, and all associated equipment manufactured according to the patent specifications. The equipment will be used for the MMD fish passage and survival study. The required Model SS400 acoustic tags are compatible with the equipment. These Model SS400 acoustic tags have been acquired previously from ATS to use used with existing acoustic telemetry equipment for USACE sponsored fish passage and survival studies. USACE holds the patent and frequency of this JSATS tag because USACE funded the development of the tags for USACE sponsored fish passage and survival studies at hydropower dams to meet BiOp requirements. USACE made the specifications of the tag publicly available. According to PNNL, only two vendors requested the specificaions. Other vendors could produce this JSATS tag, however, market research (see below in Section 8; Market Research) indicates a source other than ATS does not have required experience in commercially producing the tags and the source states that the tags have a high rate of failure in bench tests.

5.2 Alternatives Considered and Negative Impact if the Sole Source Contract Is Not

Approved or Awarded Alternatives were considered for this fish passage and survival study.

The alternatives considered included using a different active tag technology, however, USACE would have to purchase all new equipment, which would cost in the excess of $1 Million. Another alternative is to use larger size acoustic tags, however, as stated in the Justification above, larger tags will require larger surgical incision on the small size fish for tag implantation and cause tag burden on the fish, resulting in poor swimming abilities and high mortality rates, which would result in study completion failure.

Results from this acoustic telemetry study is required to inform improvements to fish passage at MMD to meet the BiOps requirements. Without the use of this telemetry system and Model SS400 tags, USACE will be unable to meet timelines required in the BiOps and would be noncompliant with the Endangered Species Act.

6. EFFORTS TO OBTAIN COMPETITION:

A Notice of Intent to Sole Source was posted on the Government Point of Entry (beta.SAM.gov) website on August 28, 2020. NWP received one response to the notice. The J&A will be posted within 14 days after contract award in accordance with FAR 13.501(a)(iii).

7. ACTIONS TO INCREASE COMPETITION:

As detailed above, competition is not feasible because ATS is the only firm that produces the required Model SS400 acoustic tags that have been used extensively for the last three years for these types of specific fish passage and survival studies.

USACE holds the patent and frequency of this JSATS tag. USACE funded the development of the tags for USACE sponsored fish passage and survival studies at hydropower dams to meet BiOp requirements and made the specifications of the tag publicly available specifically to promote increased competition.

The USACE Contracting Office will re-assess the market environment for competition possibilities for future acoustic telemetry fish passage and survival studies that require this specific patent held by USACE for the acoustic tag.

8. OTHER FACTORS:

8.1 Market Research

Market research was conducted and found only one source other than ATS produces JSATS tags using similar specifications to the patented tag. However, the acoustic tags produced by another source currently on the market do not meet our requirements. The source developed a small size acoustic telemetry tag that is similar to the ATS Model SS400 tag, however, the source does not have the required experience in commercially producing the tags and their tags have not been used for fish passage and survival studies.

8.2 Interested Sources:

A source other than ATS submitted a capability statement in response to JSATS notice of intent to sole source. The source does not meet the minimum requirements of at least two years of experience producing the required tags.

Additionally, the source stated the JSATS Tags have not been used in the field for fish passage and survival studies. The source did not state the failure rate for the JSATS Tags.

8.3 Acquisition History:

USACE NWP currently has an IDIQ/SATOC in place with ATS for the JSATS Model SS400 acoustic tags, however, the minimum ordering quantity for issuing an order from the IDIQ/SATO is 500 tags.

9. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME:

TITLE: NWP Fish Biologist SIGNATURE:

10. REVIEWED BY:

I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

TITLE: Contract Specialist SIGNATURE:

11. CONTRACTING OFFICER CERTIFICATION/APPROVAL:

Based on the foregoing determination, I hereby approve the procurement of 370 each JSATS Model SS400 Series acoustic tags on an other than full and open competition basis pursuant to the authority FAR 13.106-1(b)(1)(i), subject to the availability of funds and provided the service herein described has otherwise been authorized for acquisition.

I certify that this Determination is accurate and complete to the best of my knowledge and belief.

TITLE: Contracting Officer SIGNATURE: