A02.03_DF_Single_Source_FR_01.pdf

Determination and Finding

Soliciting from a Single Source, FAR 13.106-1(b)

US Army Corps of Engineers, Sacramento District

W62N6M91140193

1. Contracting Activity:

US Army Corps of Engineers, Sacramento District, 1325 J St., Sacramento, CA 95814.

2. Description of Action:

USACE is required to purchase habitat restoration credits for chinook and steelhead salmon for construction impacts resulting from emergency repairs along levees located within the Feather River (FR) at River Mile (RM) 01RL as part of the Sacramento River Bank Protection Project.

The required credits are mandatory requirements for compliance with a July 25, 2018 National Marine Fisheries Service Biological Opinion (No: WCR-2018-9430).

3. Description of Supplies/Services:

The mitigation contract will require 2.2 credits of chinook/steelhead salmon restoration habitat credits. District historical costs are available for the desired habitat; they have not changed in the last three years. The mitigation bank will supply all necessary supplies, materials, labor, equipment and real-estate.

4. The statutory authority permitting other than full and open competition.

FAR Part 13.106-1(b)(1)(i), Soliciting from a Single Source.

5. Reason for Authority Cited:

The US Army Corps of Engineers (Corps) consulted with the US Fish and Wildlife Service (USFWS) under the Fish and Wildlife Coordination Act and under Section 7 of the Endangered Species Act regarding project impacts. Several Biological Opinions were issued, which were primarily related to the adverse impacts the federally listed.

This contract is for acquiring products and services in support of the Endangered Species Act, and to remain in compliance with the terms and conditions set forth in the Biological Opinion (BO) provided by USFWS for the PL Sacramento River Bank Protection Project. In order to ensure that the Project does not adversely affect the chinook and steelhead salmon, the Contractor shall provide conservation credits to offset the recent loss of chinook and steelhead salmon habitat in the surrounding areas, allowing the Corps to satisfy the necessary environmental mitigation needs required for impacting special-status species habitat.

6. Efforts to Obtain Competition:

The Government Estimate was developed from historical costs for mitigation bank credits.

NFMS requires that credits must be purchased within the same general area (bank service area) of the original construction impacts. This often limits the choices and availability of credits.

7. Actions to Increase Competition and Remove or Overcome Barriers to Competition:

Please see #6 above.

8. Market Research:

The government estimate is based on historical costs for Fremont Landing Conservation Bank (Wildlands, Inc.) with current available NMFS approved chinook and steelhead acreage credits.

The estimate for Fremont Landing was the least expensive for chinook and steelhead credits.

Westervelt Ecological Services does not have any salmonid credits available until spring of 2020.

9. Interested Sources:

Wildlands, Inc.

1230 Peachtree St NE Ste 3500 Atlanta, GA, 30309-3551

DUNS: 939187597

10. Other Facts:

N/A

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.

Brad Johnson, Landscape Architect Date

12. Contract Specialist Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Thomas Tran, Contract Specialist Date

13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Mallory Sharpe, Contracting Officer Date