J_A Bull Trout Project.pdf

Control No. OJL-22-015

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

OREGON BULL TROUT STUDY AND MONITOR SERVICES

U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT

1. CONTRACTING AGENCY:

Portland District, U.S. Army Corps of Engineers, Contracting Division, 333 SW First Avenue, OR 97204-3495.

2. DESCRIPTION OF ACTION:

Portland District intends to award a firm fixed price contract to the Oregon Department of Fish and Wildlife (ODFW) for scientific monitoring and studies associated with the Oregon Bull Trout fish species. This action will be funded using FY 2022 Civil Works No-Year Operations and Maintenance (CW O&M) funds and has an estimated cost of . This contract shall be limited to a 12-month period of performance.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

Bull trout is a species native to mountainous areas of the northwestern United States and western Canada. Bull trout require cold water temperatures and high-quality water, and they may occur in small headwater streams, large rivers, or lakes. The species exhibits resident and migratory life history patterns, often migrating long distances for feeding, overwintering, and spawning. During the last century, bull trout populations declined as a consequence of degradation and fragmentation of habitat, inundation of stream reaches, overharvest, and fish removal projects using chemical piscicides. Additional threats include hybridization with introduced brook trout, as well as competition with and predation by various non-native species. In the Willamette Basin, bull trout became extirpated from the Santiam and Clackamas drainages. Extant populations in the McKenzie drainage were isolated by dams and assessed “Of Special Concern” to “High Risk” in the 1990s, while bull trout in the Middle Fork Willamette drainage were listed as “Probably Extinct” (Buchanan et al. 1997). Bull trout was federally listed as threatened under the Endangered Species Act in 1998 (63 FR 31647).

The services to be provided are scientific monitoring and studies associated with the Oregon bull trout fish species in support of meeting the requirements under the Biological Opinion on the Continued Operation and Maintenance of the Willamette River Basin Project and Effects to Oregon Chub, Bull Trout, and Bull Trout Critical Habitat Designated under the Endangered Species Act (BiOp) issued by the U.S. Fish and Wildlife Service (USFWS).

4. AUTHORITY CITED:

The statutory authority for this non-competitive acquisition is 10 U.S.C. 2304(c)(1) as implemented in FAR 13.501(a). For actions for commercial supplies or services greater than the SAT but not exceeding $7.5M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is the Test Program for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903).

5. REASON FOR AUTHORITY CITED:

a. Background: On 11 July 2008, the USFWS signed the BiOp. The BiOp included an Incidental Take Statement (ITS) that set forth reasonable and prudent measures (RPMs) for USACE to implement that the USFWS determined are necessary and appropriate to minimize impacts of incidental take on Oregon Chub and Bull Trout from the continued operation and maintenance of the Willamette Valley Project (WVP). As is relevant here, the RPMs require USACE to minimize incidental take of bull trout as a result of isolating bull trout populations and fragmenting bull trout habitat with WVP dams; minimize incidental take of bull trout resulting from the lack of upstream and downstream fish passage at WVP dams; minimize incidental take of bull trout resulting from implementation of USACE’s Resident Fish Mitigation Agreement with

Control No. OJL-22-015

ODFW; and minimize incidental take of bull trout from USACE’s construction projects. The ITS also set forth non-discretionary terms and conditions with which USACE must comply to implement the RPMs.

In 2008, USACE entered into a cooperative agreement with ODFW. The cooperative agreement W9127N- 14-2-0009 had a period of performance from 1 Apr 2014 through 31 Oct 2019. Based on the agreement, ODFW agreed to assist USACE with monitoring and survey services necessary to comply with the BiOp.

On 28 September 2020, a one-year stand-alone contract W9127N20C0035 was awarded to ODFW to continue required services. The contract’s period of performance was extended to 31 March 2022.

b. Justification: To fulfill the requirements of this acquisition, the minimum needs of the government include utilizing a PIT Interrogation System. A PIT system owned by ODFW is currently installed at the location needed for monitoring.

Although vendors other than ODFW are capable of scientific monitoring and studies associated with the Oregon Bull Trout fish species, none are capable of fabricating and installing a PIT Interrogation System before the current contract expires. There is a three to four month lead time for the fabrication and installation of PIT Interrogation Systems due to supply chain issues and availability of the electronic parts needed for fabrication.

c. Alternatives considered and negative impact if the J&A is not approved: Failure to provide scientific monitoring and studies services would put USACE in violation of the BiOp.

6. EFFORTS TO OBTAIN COMPETITION:

a. A Notice of Intent to Sole Source for this J&A was posted on Government Point of Entry (GPE) 11 March 2022 for 11 days, as a market survey to identify any changes in the market and to determine if there are suppliers offering new products that would meet the needs of the Government. At this time no responses to the Notice of Intent to Sole Source have been received. ODFW continues to be the only and exclusive vendor capable of providing the services required for Bull Trout monitoring and studies because they are the only vendor with an available PIT Interrogation System.

b. Based on information in paragraph five (5) above, the market research revealed other vendors are capable of providing a PIT Interrogation System if provided sufficient time to source materials.

7. ACTIONS TO INCREASE COMPETITION:

The Government is considering two acquisition strategies for the next requirement. The first strategy is to award a contract for the fabrication of a PIT Interrogation System required for the specific monitoring of Bull Trout for this requirement then award subsequent monitoring and studies contracts or Task Orders for Bull Trout monitoring and studies while providing the PIT Interrogation System as Government Furnished Equipment.

The second strategy is to acquire both the fabrication of a new PIT Interrogation System combined with Bull Trout monitoring and studies under the same contract with USACE taking ownership of the PIT Interrogation System upon the end of the contract.

8. MARKET RESEARCH:

a. Three (3) to four (4) months lead time is required for the fabrication and installation of PIT Interrogation Systems due to supply chain issues and availability of the electronic parts needed for fabrication.

b. Market research efforts were conducted to locate and ensure that all interested, and any capable sources were identified.