A.02 Sole Source JA_Prosser Redacted.pdf

NWP-26-007

JUSTIFICATION REVIEW DOCUMENT

FOR SOLE SOURCE - FAR 6.302-1

Program: W9127N26RA011 - Fall Chinook Acclimation & Release, Prosser Hatchery

Authority: 10 U.S.C. § 3204(a)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1 and Defense Federal Acquisition Regulation Supplement (DFARS) 206.302-1, there is only one responsible source, and no other supplies or services will satisfy agency requirements.

Amount:

Contracting Officer:

Justin Figueredo justin.f.figueredo@usace.army.mil

Technical Representative:

Darren Gallion, Lead Biologist Darren.G.Gallion@usace.army.mil

Requirements Representative:

Nick Bertrand Nicholas.G.Bertrand@usace.army.mil

Review

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Assistant District Counsel

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

ACCLIMATED FALL CHINOOK PRODUCTION AND RELEASE AT PROSSER HATCHERY

1. CONTRACTING AGENCY:

The contracting agency is the U.S. Army Corps of Engineers (USACE), Portland District (NWP), 333 SW First Avenue, Portland, OR 97204-3495.

2. DESCRIPTION OF ACTION:

USACE NWP intends to award a new performance-based, Firm-Fixed Price (FFP) with multiple Contract Line Item Numbers (CLINs), sole-sourced service contract to the Confederated Tribes and Bands of the Yakama Nation (YN) to produce and release acclimated fish in support of USACE mitigation objectives for The Dalles and John Day Dams. The period of performance is for one (1) 12-month base period, expected to begin 15 January 2025, with two (2) 12-month option years (OYs) and an up to 6-month optional extension IAW FAR 52.217-8. The value of this contract is estimated at including half of the IGE cost of OY2 for an up to 6-month extension IAW FAR 52.217-8; this value exceeds other requirement documents per the requirement at FAR 17.205(b). The other documents address the estimated value of the procurement and the requirement does not anticipate use of 52.217-8 at time of award. The contract will be funded using Fiscal Year 2026 Civil Works O&M funding as well as Bonneville Power Administration funding.

3. DESCRIPTION OF SUPPLIES:

Under the contract to be awarded, Yakama Nation will produce and and release of up to 1.7 million acclimated subyearling upriver bright (URB) fall Chinook juveniles at Prosser Hatchery.

These juveniles will be received from the United State Fish and Wildlife Service (USFWS). The Yakama Nation will also produce and release of up to 210,000 acclimated yearling URB fall Chinook juveniles at Prosser Hatchery. These juveniles will be received from Bonneville Hatchery. Regardless of where juveniles originate, upon receipt of juvenile fish, Yakama Nation will assume responsibility for their livelihood and acclimation. All juveniles will be released from Prosser Hatchery into the Yakima River.

Table 1. Fish Acclimation and Release Summary

Type Not To Exceed

Quantity

Release from Prosser Hatchery

Subyearling URB fall Chinook 1,700,000 June Yearling URB fall Chinook 210,000 April

The estimated total value of the contract is as shown in Table 2.

Sohappy v. Smith and subsequent orders, popularly known as United States v. Oregon resulted in, among other things, the formation of a basin-wide Columbia River Fish Management Plan (CRFMP) which was proposed by the parties and later adopted by the court in 1988. The CRFMP laid out an artificial and natural production and management scheme designed to conserve, rebuild, and enhance the fish of the upper Columbia River Basin. Components of the CRFMP, including the latest court-approved Columbia River Fish Management Agreement, include artificial production facilities that USACE funds to provide mitigation for The Dalles and John Day Dams.

In 2008, National Marine Fisheries Service (NMFS) issued a revised Biological Opinion (BiOp) that concluded the Federal Columbia River Power System jeopardizes the continued existence of various Endangered Species Act-listed anadromous fish in the Columbia River Basin, but that jeopardy and adverse modification may be avoided by implementing a reasonable and prudent alternative (RPA) composed of discrete actions covering, among other things, hatchery operations. RPA action no. 40 called for a review of the hatchery program associated with the mitigation for The Dalles and John Day Dams. After reviewing the program, USACE, among others, ultimately arrived at a plan to move hatchery operations into or above the exclusive Zone 6 Indian fishery to better meet mitigation objectives.

5.2. Justification

The United States v. Oregon parties and the USACE Portland District and Northwestern Division have agreed to release URB fall Chinook in the Columbia River, in or above Zone 6, in support of The Dalles and John Day Dams fish mitigation objectives. Both the CRFMP, the 2008 BiOp and subsequent biological opinions recommend dispersing the release of URB fall Chinook among several facilities to avoid the negative environmental impacts of large releases in a single location. Consequently, several locations that have appropriate water temperatures, adequate facility space, and are located above Zone 6 are currently being utilized.

Prosser Hatchery is situated just downstream of Prosser Dam at river kilometer 75 of the Yakima River. The Yakima River feeds into the Columbia River near Richland, Washington, above Zone 6. Prosser Hatchery possesses the appropriate water temperature, rearing pond space, and availability during the required months to acclimate and release the subject fall Chinook juveniles into the Yakima River. No other acclimation and release facilities exist in, or near the lower Yakima River that are 1) capable of acclimating these fish, and 2) not already in use by the USACE for similar purposes. The land that the hatchery is built on is owned by the Bureau of Reclamation. The hatchery facilities and equipment at Prosser Hatchery are under the ownership of the Yakama Nation. Therefore, Yakama Nation has sole control and use of the facilities at Prosser Hatchery and does not permit other contractors to utilize these facilities. Regional fisheries experts from NMFS, USFWS, and USACE agree that Prosser Hatchery is the only reasonable location to perform these specific rearing and release activities.

Consequently, by virtue of its ownership and operation of Prosser Hatchery, Yakama Nation is the only responsible contractor that is capable of satisfying the requirements of this contract to release URB fall Chinook juveniles above Zone 6, so that returning adults are able to return to the full length of areas affected by John Day and The Dalles projects.

5.3. Alternatives Considered and Negative Impact if this Requirement Is Not Fulfilled on a

Sole Source Basis.

Forgoing the use of Prosser Hatchery would entail more heavily relying on tule fall Chinook production in Zone 6, rather than URB fall Chinook production further upstream of Zone 6.

Further reliance on tule fall Chinook creates a disproportionate mix of tule and URB adult returns that does not reflect the historical abundance of both stocks prior to dam construction.

Consequently, discontinuing the use of Prosser Hatchery would be counter to fulfilling the mitigation for The Dalles and John Day Dams, with considerable impact to tribal fisheries in Zone 6, compromising tribal trust responsibilities.

Furthermore, if the J&A is not approved, USACE will be out of compliance with John Day Mitigation responsibilities and the Endangered Species Act.

6. EFFORTS TO OBTAIN COMPETITION:

A Notice of Intent to Sole Source fall chinook acclimation and release at Prosser Hatchery was posted to SAM.gov on 17 November 2025 for a period of 15 days. NWP received no responses to that notice.

7. ACTIONS TO INCREASE COMPETITION:

operation of the facility required for this contract at Prosser Hatchery, which is the only facility that The USACE Contracting office will re-assess the market environment for competition possibilities each time this requirement is due for renewal.

The USACE Contracting office will implement changes to ensure maximum competition of one or more parts of this requirement if such a situation arises where increased competition is a possibility.

8. MARKET RESEARCH:

A notice of intent to sole source was initially posted to SAM.gov on 17 November 2025 for a period of 15 days. The notice indicated that all responsible sources could submit a capability statement. As noted above, NWP received no responses to that notice.

9. INTERESTED SOURCES:

To date, no other vendors have expressed an interest in this project or as a possible source in the near future. This sole source Justification and Approval will be posted and made public within 14 days after award in accordance with FAR 6.305(a).

10. OTHER FACTS:

Rearing and release of acclimated fish for USACE-funded fish Prosser Hatchery have been historically performed by Yakama Nation through funding provided by the USFWS. This program has been in place since 1990. NWP awarded contracts to Yakama Nation for fish similar to those described above in 2020, 2022, 2023, and 2024. (Contract Numbers W9127N20C0053, W9127N22P0061, W9127N23P0049, W9127N24C0005, and W9127N24P0026.) .

11. 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: Darren Gallion TITLE: Fish Biologist SIGNATURE

12. REQUIREMENTS 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: Nick Bertrand TITLE: Fisheries Section Chief SIGNATURE:

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on comparison with an Independent Government Estimate and other than certified cost or pricing data. Certified cost or pricing data will not be required.

NAME: Justin F. Figeredo TITLE: Contracting Officer SIGNATURE:

14. CONTRACTING OFFICER CERTIFICATION:

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

NAME: Justin F. Figueredo TITLE: Contracting Officer SIGNATURE