J&A_MOTCO_Pier_2_Mitigation_Credit_KO_Signed_23Mar18.pdf

Control No. SPK-17-36

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

CONTROL NO._SPK17-36

PROJECT/EQUIPMENT: MOTCO Pier 2 Credit Mitigation

AUTHORITY: AMOUNT: $555,000

Prepared By:

Krista O’Connor TELEPHONE NO 916-557-7792

TITLE

Contract Specialist, Team 1, S&S Branch

DATE 21 MAR 18

Contracting Officer Same as 10 J&A

NAME (Type or Print) Mallory Sharpe

TELEPHONE NO

916-557-7989

Contracting Officer, Section Chief, Team 1, S&S Branch DATE

Technical

Rena Escobedo TELEPHONE NO 916-557-6644

Senior Environmental Biological Sciences Manager DATE

Requirements

NAME (Type or Print) TELEPHONE NO

TITLE DATE

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition

Deputy for Small Business

SIGNATURE

DATE

Project Manager* If no PM, use N/A

SIGNATURE DATE

NAME (Type or Print) Dan Ross

TELEPHONE NO

916-557-6739

Office of Counsel (N/A for less than $150K)

SIGNATURE DATE

DCC/CCC Contracting Chf (N/A for less than $650K)

Field Competition Advocate

Justification for Other than Full and Open Competition US Army Corps of Engineers, Sacramento District

FAR 6.302-1, Simplified Acquisitions

1. Contracting Activity:

US Army Corps of Engineers, Sacramento District, 1325 J. St., Sacramento, CA. 95814

2. Description of Action:

This sole source firm, fixed-price contract utilizing Military Construction funding to provide the US Army Corps of Engineers with environmental conservation mitigation credits for the MOTCO Pier 2 Replace and Modernization Project. The project involves demolition of Pier 2 and replacement of the main platform and trestles. Military Ocean Terminal Concord, (MOTCO) is required to provide 3.7 acres of environmental conservation mitigation credits from an US Fish and Wildlife Service (USFWS) approved bank for impacts to listed fish species and aquatic habitat resulting from the proposed construction activities at MOTCO Pier 2. This condition is tied to USFWS Biological Opinion (BO) no. OSFBDT00-2014-F- 0002-5 issued in February 2015. There are only 4.6 total acres currently available for purchase. Environmental conservation mitigation credits are sold “first come first serve”.

Prolonged acquisition creates a growing and unacceptable risk that the entire 3.7 acres would not be available and could not be purchased as agreed to in consultation. In cooperation with the USFWS, USACE on behalf of MOTCO agrees to purchase 3.7 acres of delta smelt habitat environmental conservation preservation mitigation credits from an USFWS approved bank for riverine habitat impacts resulting from the proposed construction activities at MOTCO Pier 2.

3. Description of Supplies/Services:

3.7 acres of delta smelt habitat environmental conservation preservation mitigation credits from an USFWS approved bank for riverine habitat with a total value of $555,000.

4. The statutory authority permitting other than full and open competition.

10 United States Code 2304(c)(1) as implemented by Federal Acquisition Regulation 6.302-1(a)(2)– Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

This sole source contract requires this specific authority as current market research and previous procurement actions completed by this Contracting Activity for the purchase of delta smelt habitat environmental conservation preservation mitigation credits are only available from this source.

(a)The rationale or circumstances for limiting competition:

THE USACE database system Regulatory In-lieu fee and Bank Information Tracking System (RIBITS) is a database which establishes conversation and preservation banks approved by the US Fish and Wildlife Services. The RIBITS database found only one bank capable of meeting all the criteria in the Biological Opinion for this project.

6. Efforts to Obtain Competition:

THE USACE database system Regulatory In-lieu fee and Bank Information Tracking System (RIBITS) is a database which establishes conversation and preservation banks approved by the US Fish and Wildlife Services. RIBITS was developed by the U.S.

Army Corps of Engineers with support from the Environmental Protection Agency, the U.S. Fish and Wildlife Service, the Federal Highway Administration, and NOAA Fisheries to provide the most up-to-date information on mitigation and conservation banking and in-lieu fee programs across the country. RIBITS allows users to access information on the types and numbers of mitigation and conservation bank and in-lieu fee program sites, mitigation credit availability, service areas, as well information on national and local policies and procedures that affect mitigation and conservation bank and in-lieu fee program development and operation. This database was used to locate possible banks meeting the required criteria in accordance with the Biological Opinion applicable to this project. The database found only one bank capable of meeting all the criteria in the Biological Opinion for this project.

7. Actions to Increase Competition:

Future procurements for delta smelt habitat environmental conservation preservation mitigation credits will also utilize the RIBITS database to see if there are multiple conversation and preservation banks meeting the specific criteria of the USFWS and applicable Biological Opinions.

8. Market Research:

In August, 2017 a Justification for Other than Full and Open Competition was posted to the Government-wide Point of Entry for a procurement of mitigation credits for the same species. As a result of that posting, no other interested sources were identified and the sole source procurement was completed.

In addition, market research using the USACE RIBIT database system was conducted.

Only one conversation/preservation bank was found to meet all the USFWS and Biological Opinion criteria.

9. Interested source:

Liberty Island Conservation Bank operated by Wildlands, Inc.

3855 Atherton Road Rocklin, CA 95765 916-435-3555

The notices required by FAR 5.201 were published in August 2017 (see section 8 above), and no bids or proposals were received.

10. Other Facts

None.

11. Technical/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.

Rena Escobedo, Senior Environmental Bio Sciences Manager Date

12. Contract Specialist Certification:

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

Krista O’Connor, Contract Specialist Date

13. Fair and Reasonable Cost Determination:

An independent Government estimate will be used to determine that the price is fair and reasonable. Certified cost or pricing data will not be required because the amount of the contract is below the $750,000 threshold in FAR 15.403-4(a)(1).

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Mallory Sharpe, Contracting Officer Date

14. Contracting Officer Certification:

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

Mallory Sharpe, Contracting Officer Date l2pd9re9 Typewritten Text l2pd9re9 Typewritten Text 03/23/2018 l2ct9ko9 Typewritten Text 03/23/2018