Sole Source Document_Redacted 19Aug24.pdf

SOLE-SOURCE JUSTIFICATION FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

W912PL24Q0004

USACE SEVEN OAKS DAM (SOD)

MULTISPECIES HABITAT MANAGEMENT PLAN (MSHMP)

1. In accordance with Federal Acquisition Regulation (FAR) 13.106-1(b)(1), I hereby determine that the USACE Seven Oaks Dam (SOD) Multispecies Habitat Management Plan (MSHMP) listed on W81EYN41352125 is available from only one source, and competition is precluded for the reasons indicated below. There are no substitutes available.

2. This acquisition is restricted to the following source:

Tierra Data, Inc.

10110 W Lilac Rd Escondido, CA 92026

, President Phone

UEI RY36A3Q98N93

CAGE 0JNY5

3. The service for Seven Oaks Dam (SOD) Multispecies Habitat Management Plan (MSHMP) is estimated to cost and is required to be performed within a 24-month period.

The services include the following:

Review and provide comments and tracked change edits on the updated Administrative Draft Supplemental Environmental Assessment/Mitigated Negative Declaration (SEA/MND) and Draft Final Supplemental SEA/MND that is being prepared by the U.S. Army Corps of Engineers (USACE) for the Seven Oaks Dam Multi-Species Habitat Management Plan (MSHMP). Prepare the Biological Resources Sections for the updated Draft and Draft Final SEA/MND. Review the comments received on the updated Administrative Draft SEA/MND from the local non-Federal Sponsors and USACE legal counsel and provide comments or track change edits on draft responses prepared by the USACE. Review public review comments received on the updated Draft SEA/MND and provide track change edits to responses prepared by the USACE. Review legal counsel comments on the Draft Final SEA/MND and provide track change edits prepared by the USACE. Participate in a series of planning and technical meetings with the USACE and local non-Federal Sponsors. Provide expert guidance to the team during further development and analysis of potential experimental treatments and management measures.

Task A - Meetings/Conference Calls Task B - Biological Resources Sections Write-up, Review of Other Environmental Resources Sections and Respond to Comments on Updated Draft SEA/MND and Draft Final

SEA/MND,

Task C - GIS-Based Mapping of Survey Data and Potential Management Methods is:

A. Meetings/Conference Calls The Contractor will attend and/or participate in up to fifteen (15) coordination conference calls/web meetings [up to 2 hours each] with the USACE and (as applicable) the local non- Federal sponsors. The coordination meetings are both planning and technical in nature and will focus on SEA/MND alternatives, preparation of the updated Draft and Draft Final SEA/MND, review response to comments. The contractor will also participate in up to two coordination meetings [up to two hours each] to review the approach and pertinent technical documentation to support the response to comments. The Contractor will assist the USACE with preparation of technical materials to support meeting and prepare meeting notes upon request.

B. Biological Resources Sections Write-up, Review of Other Environmental Resources Sections and Respond to Comments on Updated Draft SEA/MND and Draft Final

SEA/MND.

1) The Contractor will prepare biological resources sections for the updated Administrative Draft SEA/MND including Environmental Effects, Environmental Consequences, and Cumulative Effects sections relative to consistency with the Santa Ana Woolly Star Preserve Area (WSPA) MSHMP, the 2000 Biological Assessment and Biological Opinion associated with operation of Seven Oaks Dam for USACE review. 2) The Contractor will also review and provide comments or track change edits on the updated Administrative Draft SEA/MND and Draft Final SEA/MND. 3) The Contractor will review comments received on the updated Administrative Draft from the local non-Federal Sponsors and USACE legal counsel and provide comments or track change edits on draft responses prepared by the USACE. 4) The Contractor will review all received public comments on the Draft SEA/MND and provide comments or track change edits on draft responses prepared by the USACE and provide comments or track change edits on USACE-drafted responses to legal counsel review comments for the Draft Final SEA/MND.

C. GIS-Based Mapping of Alternatives and Potential Management Methods The Contractor will (1) revise up to 10 GIS-based maps of updated potential mechanical and hydraulic experiments for Appendix C of the SEA/MND based on further refinement by the USACE, (2) update the land ownership map as applicable based on coordination to resolve discrepancies, (3) prepare up to 24 maps of biological, cultural, physical, and social resources with overlay of the Preferred Alternative to support the SEA/MND impact analyses, and will revise prepared maps based on comments received on the Administrative and Public Drafts.

The Contractor will provide an USACE-compliant GIS database upon completion of this task.

4. Specific characteristics of the USACE's Multi-Species Habitat Management Plan (MSHMP) limit the availability to a sole-source requirement as the service provider must have first-hand knowledge, past participation, and expertise on development of the USACE's Multi-Species Habitat Management Plan (MSHMP) in order to ensure consistency with the EA (in preparation), guide development of management measures and to answer questions about the coordination and considerations that influenced the MSHMP development. This knowledge and experience is necessary to be able to quickly identify potential issues, ensure consistency with the MSHMP objectives, provide clear and meaningful guidance to the team during continued development and analysis of experimental treatments and management measures including development and review of engineering models that will be conducted by USACE staff, and provide critical review comments on the Supplemental Environmental Assessment and Mitigated Negative Declaration (SEA/MND) prepared by the USACE and the lead local sponsor.

The service provided is required to be a subject matter expert in the MSHMP with a demonstrated knowledge of its focal species: San Bernardino kangaroo rat, Santa Ana woolly star and slender-horned spineflower. Only this suggested source can furnish the requirements, to the exclusion of other sources, because there was one and only one non- Corps person who was involved throughout the process of developing the MSHMP, who led the workshops with U.S. Fish and Wildlife Service, facilitated stakeholder meetings, helped the Corps formulate strategies and management actions, wrote the entire (very lengthy) document, and was involved even earlier in Seven Oaks Dam consultations (she wrote the Biological Assessment for the Corps for Dam operations). That person is Karen Green, and she works at Tierra Data, Inc.

5. Check and fill in all that are applicable:

The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current equipment is <insert description of current equipment>, and the new item/service must coordinate, connect, or interface with the existing system by <insert description of how the new item/service must coordinate or interface>.

A patent, copyright, proprietary data, or licensing agreement limits competition. The proprietary data are described as follows:

<Insert description>

These are "direct replacement" parts/components for existing equipment.

Other information to support a sole-source buy:

On Jun 18, 2024 A Notice of Intent to Sole Source this Solicitation, W912PL24Q0004 for USACE Seven Oaks Dam (SOD), Multispecies Habitat Management Plan (MSHMP)on SAM.gov with a closing date of Jul 02, 2024 10:00 am PDT to give vendors notice of the intent to sole source subject procurement. USACE Los Angeles Contracting Office did not receive inquiries or submissions capability statements in response to this special notice about interest in submitting.

The USACE Los Angeles District Environmental Resources Branch (ERB) requires �s specific knowledge and direct involvement on the project to ensure the SEA/MND being prepared is consistent with the MSHMP. She can help ERB recall why the ERB made certain decisions and who ERB coordinated with, and what management actions need to be taken to be in compliant with the Biological Opinion, and assist in responding to public review comments.