BOR-LC-17-N006 Notice of Intent to Award.pdf

Bureau of Reclamation Form, RF-102 12-2011

NOTICE OF INTENT TO AWARD

This Funding Announcement is not a request for applications. This announcement is to provide public notice of the Bureau of Reclamation’s intention to fund the following project activities without full and open competition.

ABSTRACT

Funding Announcement

BOR-LC-17-N006

Project Title Evaluation of Predator Recognition in Bonytail and Razorback Sucker in Microcosm Ponds

Recipient Arizona Game and Fish Department Principal Investigator / Program Manager

Ryann Mann Program Manager

Anticipated Federal Amount

$346,718.21

Anticipated Non-Federal Amount

$0.00

New Award or Continuation? New Award

Anticipated Period of Performance Five years

Award Instrument Cooperative Agreement Statutory Authority Fish and Wildlife Coordination Act of 1934 as delegated by Department

Manual (DM) 255 DM 1.1.B CFDA # and Title 15.538, Fish and Wildlife Coordination Act of 1934 Single Source Justification Criteria Cited

(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.

Reclamation Point of Contact Jeff Anderson

OVERVIEW

RECIPIENT INVOLVEMENT

Proposed actions of this agreement will work toward the conservation of endangered native fish of the Colorado River. One of the greatest challenges to the conservation of bonytail and razorback sucker is predation. The work involved with this five year agreement will seek to condition these fish to potentially recognize and avoid predators after stocking. The work in this agreement will also investigate possible artificial habitat use by these fish as a means to avoid predation. These experiments will be performed at Arizona Game and Fish Department’s facility, the Aquatic Research and Conservation Center (Cornville, AZ).

The Recipient shall carry out the Scope of Work in accordance with the terms and conditions of the proposed financial assistance agreement. The Recipient shall adhere to Federal, state, local laws, regulations, and codes, as applicable, and shall coordinate with Reclamation on all required approvals and permits.

The following are specific Recipient responsibilities to this award:

The Recipient shall be responsible for obtaining the necessary number of fishes needed to accomplish all experiments. The recipient shall also be responsible for obtaining all necessary equipment and supplies needed to accomplish all experiments. The recipient will report quarterly on activities associated within this agreement as well provide annual and one final report. All annual reports as well as the final report will provide statistical analyses of data collected during this agreement.

RECLAMATION INVOLVEMENT

Substantial involvement on the part of Reclamation is anticipated for the successful completion of the objectives to be funded by this award. In particular, Reclamation will be responsible for the following:

Reclamation will monitor and provide federal oversight of activities performed under this agreement. Monitoring and oversight includes review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the Scope of Work. Additional monitoring activities may include site visits, conference calls, and other on-site and off-site monitoring activities. At the Recipient’s request, Reclamation may also provide technical assistance to the Recipient in support of the Scope of Work and objectives of this agreement.

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:

(1) The Recipient has the permits required to obtain all species of fish (including endangered) listed in this agreement.

(2) The Recipient has extensive knowledge and experience with rearing these fishes.

The Recipient has reared all species listed for a previous five year agreement involving predator avoidance trials.

(3) The Recipient has extensive knowledge and experience with executing the experiments listed in this agreement. Some of the experiments listed in this agreement will mimic previous experiments executed by the Recipient.

(4) The Recipient has the resources and facilities necessary to accomplish the experiments in this agreement.

STATUTORY AUTHORITY

The authority for the Bureau of Reclamation to enter into this agreement is derived from the Fish and Wildlife Coordination Act of 1934, as delegated by Department Manual (DM) 255 DM 1.1.B.

The following section, provided in full text, authorizes Reclamation to award this financial assistance agreement:

1.1 Delegation. Subject to the exceptions in Section 1.2, the Commissioner of Reclamation

(Commissioner) is delegated the authority of the Assistant Secretary – Water and Science to:

B. Take the following actions, either directly or by providing financial assistance to non- Federal parties, pursuant to the Conservation of Wild Life, Fish and Game Act of March 10, 1934 (Pub. L. 73-121; 48 Stat. 401) as amended by the Fish and Wildlife Coordination Act of August 14, 1946 (Pub. L. 85-624; 72 Stat. 563; 16 U.S.C. 661-666c); Section 5 of the Endangered Species Act of 1973, December 28, 1973 (Pub. L. 93-205; 87 Stat. 884; 16 U.S.C. 1534); and Section 7(a) of the Fish and Wildlife Coordination Act of 1956, August 8, 1956 (70 Stat. 1122; 16 U.S.C. 742f(a)), regarding the construction and/or continued operation and maintenance of any Federal reclamation project:

(1) plan, design, and construct, including acquiring lands or interest therein as needed for:

(a) fish passage and screening facilities at any non-Federal water diversion or storage project; or

(b) projects to create or improve instream habitat.

(2) acquire or lease water or water rights from willing sellers or lessors; or

(3) monitor and evaluate the effect of Reclamation actions on Endangered Species Act-listed species.