PR20110987_Sole_Source_Determination_Not_Exceeding_SAT_20190910.pdf

Attachment 2

U.S. Customs and Border Protection

Sole Source Determination

For actions above the micro-purchase threshold but not exceeding the SAT

Version 1.0 September 2016

Date: 0910/2019 PR Number: 20110987

1. Nature and/or description of the item/service being procured and anticipated cost:

To comply with the requirements of the Endangered Species Act (ESA), CBP has consulted with the U.S. Fish & Wildlife Service (FWS) and agree to purchase 6 acres of approved land conservation credits (also known as “mitigation credits”) from the mitigation bank owned and operated by Palo Alto Conservation Bank (the “Mitigation Bank”), managed by the Altar Valley

Conservation Alliance (the “Contractor”) located in Tucson, Arizona.

The FWS approved the Palo Alto Conservation Bank in December 2002. One unit of land conservation credit represents one acre of occupied Pineapple Cactus habitat that is subject to a conservation easement from the Contractor to the Arizona Department of Fish & Game and maintained in perpetuity. CBP needs to purchase six units (acres) of approved land conservation credits at a 1:1 mitigation ratio from the Contractor so that it can meet its ESA obligations. The cost of acquiring six credits is $33,000.00.

2. Sole Source Determination Rationale in accordance with FAR 13.106-1(b)(1)(i) and (ii).

(Check one and explain below):

X Only one source reasonably available.

Urgent and compelling circumstances exists.

Exclusive licensing agreement exists.

Brand name. If the brand name requirement applies to a portion of the procurement, please identify that portion.

Industrial Mobilization

Other. Explain:

The U.S. Fish & Wildlife Service (USFWS) based on the statutory requirements in the

Endangered Species Act, as amended, in their Biological Opinion (AESO/SE 22410-2008-F-

0373) required CBP to purchase conservation credits from a conservation bank on private land approved by FWS (see p.33).

In an email dated 08/29/2017 from Scott Richardson (USFWS) to Paul Schmidt (CBP) FWS confirmed that purchasing conservation credits from the Palo Alto Conservation Bank will satisfy the mitigation for impacts to the Pima Pineapple cactus as required in the FWS BO.

3. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2). (Check one and provide short explanation or description of action taken):

Attachment 2

U.S. Customs and Border Protection

Sole Source Determination

For actions above the micro-purchase threshold but not exceeding the SAT

Version 1.0 September 2016

Market Research.

Comparison of the proposed price with prices found reasonable on previous purchases.

Current price List.

Comparison with similar items in a related industry.

Comparison to IGCE.

Contracting Officer’s personal knowledge.

X Other. Explain:

The U.S. Fish & Wildlife Service (USFWS) based on the statutory requirements in the

Endangered Species Act, as amended, in their Biological Opinion (AESO/SE 22410-2008-F-

0373) required CBP to purchase conservation credits from a conservation bank on private land approved by FWS (see p.33). In Arizona, the majority of the cactus' range is in Pima County.

The Palo Alto Conservation Bank is the only Pima Pineapple Cactus mitigation bank approved by FWS in Arizona. Therefore, based on the direction provided by FWS and being the only mitigation bank available CBP is procuring six credits from the Palo Alto Conservation Bank to meet requirements under the Endangered Species Act.

4. Technical/Requirements Personnel Certification:

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the Sole Source Determination, is accurate and complete.

Technical Representative/COR Date

5. Contracting Officer Certification/Approval:

I hereby determine that the circumstances described herein exist and that the information is accurate and complete to the best of my knowledge:

Contracting Officer Date