Sole Source JA RFO FAR Part 12 - Wild Salom Surrogates Redacted.pdf

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

Contracting Officer’s Determination Oregon State University, Wild Salmon Surrogates

Revolutionary FAR Overhaul (RFO) Federal Acquisition Regulation (FAR) 12.102(a)

Program/Equipment: Oregon State University, Wild Salmon Surrogates

Authority: RFO FAR 12.102(a) For acquisitions valued at or below the simplified acquisition threshold (SAT), document the decision that only one source is available and the basis for the decision.

Amount:

Contracting Officer:

Mieko G. Alley Mieko.G.Alley@usace.army.mil

Technical / Requirements Representative:

Fenton Khan NWP Fish Biologist

Reviews

I have reviewed this Determination and find it legally sufficient to support an Other Than Full and Open Competition procurement.

Legal Counsel

Contracting Officer’s Determination Oregon State University, Wild Salmon Surrogates

RFO FAR 12.102(a)

1. Contracting Activity: U.S. Army Corps of Engineers, Portland District, Contracting Division, 333 SW First Ave, Portland OR 97204-3495

2. Description of Action: Approval is requested for a firm-fixed-price, non-personal services commercial contract with Oregon State University

3. Description of Supplies/Services: The US Army Corps of Engineers (USACE), Portland District is requesting Oregon State University, to rear and supply 8,000 juvenile chinook salmon (wild surrogates) during October through December 2026 for USACE sponsored research at Green Peter and Lookout Point Dams in Willamette Valley.

These surrogate fish will be used by the Department of Energy Pacific Northwest National Laboratory and the United States Geological Survey (USGS) to conduct USACE funded studies of fish passage and survival studies at Green Peter and Lookout Point Dams.

4. Authority Cited: 10 USC § 3204(a)(1), RFO FAR 12.102(a)

5. Reason for Authority Cited:

a) USACE has been using wild surrogates of chinook salmon for studies to estimate fish passage and survival rates at USACE owned multi-purpose dams for over a decade as required by the Reasonable and Prudent Alternative (RPA) set forth by the National Marine Fisheries Service (NMFS) in its 2008 and 2024 Biological Opinions (BiOps) for the operation and maintenance of USACE’s Willamette Valley Project (WVP). The results of these fish passage and survival studies are used to inform management decisions for operational and structural improvements at the multi-purpose dams in order to improve conditions for Endangered Species Act (ESA) listed salmon and steelhead populations as required by the BiOp RPA. The 2024 BiOp requires USACE to continue to implement fish passage operations at Green Peter and Lookout Point Dams, among other measures, to benefit ESA-listed salmonids, and to evaluate the operations to inform any changes to the operation to benefit downstream fish passage.

b) Justification:

USACE has been conducting multi-year studies to evaluate operations at Green Peter and Lookout Point Dams for improving passage of ESA listed salmon and to inform decisions any changes to the operations to improve fish passage and survival. The 2024 BiOp requires USACE to continue the operations and to continue to evaluate the operations during 2026. The studies require the use of wild surrogates of juvenile ESA listed Chinook salmon because:

(1) Hatchery fish do not behave and migrate downstream similar to wild fish in the river, therefore, using hatchery fish for the studies at Green Peter and Lookout Point Dams will confound the results of the active tag fish passage and survival studies that depend on wild surrogate fish that behave and migrate like wild fish.

(2) It is not feasible to catch wild Chinook salmon in the river for studies and therefore the OSU wild fish surrogate program rear juvenile ESA listed salmon obtained from eggs of wild parents to behave and out-migrate pass dams similar to wild fish.

OSU in partnership with the OSU-USGS co-op research team began the wild fish surrogate program in 2010 to rear juvenile fish as wild surrogates for USACE funded fish passage and survival studies at USACE dams and continue to rear and provide these fish annually for fish passage and survival studies. Active tag studies using wild surrogate Chinook salmon produces precise results of passage and survival as these fish migrate downstream and pass USACE hydropower dams.

No other vendor or institution produces and rear wild fish surrogates of Chinook salmon, specifically of the Willamette River stock. OSU-USGS co-op research Unit started the Wild Fish Surrogate Program in 2010 to rear and provide wild fish surrogate salmon for USACE funded studies and developed protocols to rear these fish from eggs of wild parents and rear them to the age class and size and migration timing as their wild counterparts.

c) Impact: Alternatives were considered for the fish passage and survival studies at Green Peter and Lookout Point dams. The alternatives considered included using hatchery fish instead of wild surrogates; however, studies demonstrate hatchery fish do not behave and migrate downstream similar to wild fish in the river, therefore, using hatchery fish for the studies will confound the results of the active tag fish passage and survival studies that depend on surrogate fish that behave and migrate like wild fish. If the Sole Source Contract is not approved and awarded, USACE will not be able to conduct the required studies at Green Peter and Lookout Point Dams during fall of 2026 and will be out of compliance of the BiOp requirements, which is a legal requirement.

6. Efforts to Obtain Competition: As the procurement history for this project has been done by Economy Act orders to Oregon State University local resources are limited.

The local area has multiple hatcheries that rear chinook salmon, but none have dedicated procedure to retain the proper rearing procedures to maintain the wild behavior and migration traits.

7. Actions to Increase Competition: IAW RFO FAR 12 procedures a notice of intent to sole source is not required and was not issued. IAW RFO FAR 12.301(a)(2), the posting requirements are only required for justification over the SAT.

Not Applicable

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

All previous actions were done with Economy Act Orders to USGS who went directly to Oregon State University.

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.

12. Fair and Reasonable Cost Determination / Contracting Officer Certification I hereby determine that the anticipated cost to the Government for this contract will be fair and reasonable. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing determination, I hereby approve the procurement of wild salmon surrogates from Oregon State University, on an other than full and open competition basis pursuant to the authority FAR RFO 12.102(a) subject to the availability of funds, and provided the supplies and services herein described has otherwise been authorized for acquisition.