JA Sole Source FAR Part 13.106_W9127N24P0029 Redacted.pdf

CUI//SP-SSEL

Control Number: OJL-24-0035

CUI//SP-SSEL

Justification Review Document For Sole Source - FAR Part 13

Program/Equipment: Western Snowy Plover Population Monitoring Coos Bay North Spit, Oregon, W9127N24Q0067

Authority: FAR 13.106-1 - Soliciting from a single source

Amount: Total price/cost of the requirement to include options and/or FAR 52.217-8, Option to Extend Services is expected to be

Prepared by:

Name: David Cook Office: USACE, Portland District Title: Contract Specialist Date: 18 March 2024 E-mail: david.m.cook@usace.army.mil

Contracting Officer:

Name: Patrick Collins Office: USACE, Portland District E-Mail: patrick.p.collins@usace.army.mil Date Reviewed: 19 March 2024

Technical Representative:

Name: COM:

Title: Technical Lead Date Reviewed: 19 March 2024

Requirements Representative:

Name: COM:

Title: Project Manager Date Reviewed: 19 March 2024

Reviews

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

Legal Counsel

Date: ______________________ Signature:

Name: COM:

8. Market Research: To conduct market research, the permitting authority for working with endangered species for the State of Oregon was contacted, namely, from U.S. Fish and Wildlife Services. stated, �Yes, Portland State University (is) the only entity that is trained and certified to complete this work for CBNS.(Coos Bay North Spit)� For complete email, see documentation in PCF file.

Additionally, the Dynamic Small Business Search (DSBS) engine was utilized in the effort to locate possible competition. Performing a nationwide search yielded one vendor, Ryan Ecological Consulting (REC). DSBS identified REC as performing this work for California. When investigating REC, its SAM registration had expired nine years ago (2015), and no website was located showing that the organization was still active. As such, REC was not considered as a viable supplier if they were indeed still active.

In a further attempt to locate potential service providers for this requirement, W9127N24Q0059 Notice of Intent (NOI) to award was posted on sam.gov on 1 March 2024 for 18 days IAW FAR 5.203, Publicizing and Response Time, with no responses received.

9. Interested Sources: Portland State University holds the current contract, W9127N19C0013, and is the only identified available source for this requirement.

10. Other Facts:

a. Procurement history. Snowy Plover management in Oregon is a cooperative project, with contributions from U.S. Army Corps of Engineers (USACE), Bureau of Land Management (BLM), U.S.

Forest Service, U.S. Fish and Wildlife Service (USFWS), Oregon Parks and Recreation Department, and the Oregon Department of Fish and Wildlife. The purpose of this acquisition is to conduct population monitoring (abundance and distribution) of the federally endangered Western Snowy Plover, Charadrius nivosus nivosus, along the Oregon Coast. The purpose of the monitoring is to estimate the size of the adult Snowy Plover population, locate plover nests, protect nests from predators, determine nest success rates, determine fledgling success rates, identify causes of nest and brood failure, record data about predators observed and evaluate effectiveness of predator management, and provide data in weekly reports and a final report.

USACE contracts W9127N19C0013 and W9127N18P0095 were awarded to Portland State University (PSU) for Western Snowy Plover Population Monitoring on Corps administered lands on the Coos Bay North Spit in 2019 and 2018 respectively.

Contract period of performance W9127N19C0013 was 1 April 2019 through 31 March 2024 with a total contract value of $223,462, utilizing single source procurement as implemented by FAR subpart 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services.

Contract period of performance for W9127N18P0095 was 1 July 2018 through 31 March 2019 with a total contract value of $73,349, utilizing single source procurement per FAR 13.106-1 - Soliciting from a single source.

Prior to 2018, USACE went through Bureau of Land Management (BLM) to procure services via Economy Act Orders:

- 2016 MIPR to BLM, BLM contracted with PSU - $50,000 (Population monitoring task)

- 2017 MIPR to BLM, BLM contracted with PSU - $75,000 (Population monitoring task)

b. Other facts. As this requirement is governed by the Endangered Species Act, the industry for this requirement is very small and localized. The action requires permitting from the USFWS on this particular endangered species and must be local to conduct the services on a frequent basis.

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.

Signature: __ Date: ________________________

Name: Title: Technical Lead

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.

Signature: ___ Date: ______________________

Name: Title: Technical Lead

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.

Signature: ___ Date: ______________________

Name: Patrick Collins Title: Contracting Officer

14. Contracting Officer Certification:

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

Signature: __ Date: _______________________

Name: Patrick Collins Title: Contracting Officer