r15an20032 rf-102-noi dfw-iep.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

R15AN20032

Project Title IEP Bay-Delta Fish and Aquatic Resources Monitoring

Recipient California Department of Fish & Wildlife

Principal

Investigator /

Program Manager

Gregg Erickson, Project Manager

Anticipated Federal

Amount

$17,190,212.00 / FY15: $1,672,142.00

Cost Share $14,330,705.00

Total Anticipated

Award Amount $31,520,917.00

New Award or

Continuation?

New Award

Anticipated Period of Performance January 1, 2015 through June 30, 2019

Award Instrument Cooperative Agreement

Statutory Authority Public Law 102-575, Central Valley Project Improvement Act, Title

XXXIV, Section 3406 (b)(1) and Section 3407(e)

CFDA # and Title 15.512—Central Valley Project Improvement Act (CVPIA)

Single Source

Justification

Criteria Cited

(4) Unique Qualifications

Reclamation Point of Contact Erwin Van Nieuwenhuyse / Megan Bryant

OVERVIEW

Reclamation operates the Central Valley Project (CVP) in close coordination with the California

Department of Water Resources (DWR), which operates the State Water Project (SWP). Under the Coordinated Operating Agreement that is used to coordinate CVP and SWP operations, it is stipulated that Reclamation and DWR shall share the costs of all environmental monitoring and associated special studies. Under a number of water right permits, specifically D-1641, issued by the California State Water Resources Control Board, the CVP and SWP divert water from the southern Delta via large pumping facilities located in Tracy and Byron, CA respectively. A condition of these permits and two biological opinions that govern the long term operations of the

CVP and SWP, is a requirement to monitor fish and invertebrate populations in the Bay-Delta to document status and trends, changes in distribution and condition and to determine effects of

CVP/SWP operations on fish populations listed under the Endangered Species Act. These data sets provide a critical baseline against which the effectiveness of management actions and the effects of adaptive management actions can be evaluated. Reclamation and DWR do not have the staff and equipment necessary to conduct this specialized biological monitoring.

Consequently, since 1970, this work has been conducted by the California Department of Fish and Wildlife (DFW) as part of the Interagency Ecological Program (IEP), a consortium of six federal and three state agencies that coordinates all compliance monitoring and other scientific activities in the Bay-Delta.

The primary objective of the project is to:

Conduct the fisheries and aquatic resources monitoring associated special studies called for in the water right permits and biological opinions governing long term operation of the CVP/SWP.

These data sets provide a critical baseline against which the effectiveness of management actions and the effects of adaptive management actions can be evaluated.

RECIPIENT INVOLVEMENT

The DFW Project Manager will oversee the completion of the following objectives and provide the following deliverables.

Objective #1: Conduct the Upper Estuary Zooplankton Sampling

Objective #2: Participate in the Management Analysis and Synthesis Team (MAST)

Objective #3: Conduct the Fall Midwater Trawl and Summer Townet surveys

Objective #4: Complete the Etuarine and Marine Fish Abundance and Distribution Study and

Bay Shrimp Abundance and Distribution

Objective #5: Conduct the Spring Kodiak Trawl Survey, Smelt Larval Survey and 20-mm

Survey

Objective #6: Provide Program Management and Field Support Activities

Objective #7: Conduct the Knight’s Landing Juvenile Salmon Monitoring

Objective #8: Continue Supplemental Sampling and Analyses of Pelagic Organism Decline and the Fall Low Salinity Habitat study

Objective #9: Provide Information Technology Support

Deliverables:

Monitoring program results will be made available via the Internet at DFW’s website and/or the California Estuary Monitoring Workgroup Estuary Portal

Oral or poster presentations of special study results at the Interagency Ecological

Program Workshop or another scientific conference

Manuscripts stemming from MAST results suitable for publication in a peer reviewed journal.

RECLAMATION INVOLVEMENT

Substantial involvement on the part 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:

Providing oversight of the monitoring program through participation in monthly IEP

Coordinator meetings

Collaborating on design of special studies and interpretation of results

Reviewing data products, presentations and manuscripts stemming from monitoring and special study efforts

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:

Gregg Erickson, DFW Project Manager, and his staff in the Bay-Delta Region 3 office are uniquely qualified to carry out these particular objectives of the IEP Bay-Delta fisheries and aquatic resources monitoring, focused on providing a critical baseline against which the effectiveness of management actions and the effects of adaptive management actions can be evaluated. Through a prior Financial Assistance agreement with Reclamation, DFW has spent five years conducting the IEP Bay Delta monitoring, sampling and data analyses that are required under the Water Right Decision D-1641. This substantial body of knowledge and expertise in conducting the monitoring is necessary to successfully analyze the data that will inform habitat conservation and restoration activities in the Bay-Delta. Since 1970, DFW has been the lead State agency involved with the IEP Bay-Delta monitoring.

STATUTORY AUTHORITY

Central Valley Project Improvement Act (CVPIA), Public Law 102-575, Title XXXIV

Section 3406 (b)(1) and Section 3407 (e):

(b) FISH AND WILDLIFE RESTORATION ACTIVITIES- The Secretary, immediately upon the enactment of this title, shall operate the Central Valley Project to meet all obligations under

State and Federal law, including but not limited to the Federal Endangered Species Act, 16

U.S.C. 1531, et seq., and all decisions of the California State Water Resources Control Board establishing conditions on applicable licenses and permits for the project. The Secretary, in consultation with other State and Federal agencies, Indian tribes, and affected interests, is further authorized and directed to:

(1) Develop within three years of enactment and implement a program which makes all reasonable efforts to ensure that, by the year 2002, natural production of anadromous fish in

Central Valley rivers and streams will be sustainable, on a long-term basis, at levels not less than twice the average levels attained during the period of 1967-1991; Provided, That this goal shall not apply to the San Joaquin River between Friant Dam and the Mendota Pool, for which a separate program is authorized under subsection 3406(c) of this title; Provided further, That the programs and activities authorized by this section shall, when fully implemented, be deemed to meet the mitigation, protection, restoration, and enhancement purposes established by subsection 3406(a) of this title; And provided further, That in the course of developing and implementing this program the Secretary shall make all reasonable efforts consistent with the requirements of this section to address other identified adverse environmental impacts of the

Central Valley Project not specifically enumerated in this section.

and

SECTION 3407 (e) FUNDING TO NON-FEDERAL ENTITIES- If the Secretary determines that the State of California or an agency or subdivision thereof, an Indian tribe, or a nonprofit entity concerned with restoration, protection, or enhancement of fish, wildlife, habitat, or environmental values is able to assist in implementing any action authorized by this title in an efficient, timely, and cost effective manner, the Secretary is authorized to provide funding to such entity on such terms and conditions as he deems necessary to assist in implementing the identified action.