JA.Redacted.pdf

Justification and Approval for Other than Full and Open Competition – FAR Part 13 and Part 6

Redacted

1. Contracting Activity: US Army Corps of Engineers (USACE), Sacramento District, Contracting Division, Service and Supply Branch and Section.

2. Description of Action: This action is a firm fixed price supply purchase of mitigation credits to offset the effects of construction of the San Joaquin River Basin, Lower San Joaquin River, CA Project (LSJR Project) on Giant Garter Snake (GGS) habitat. The purchase of GGS habitat credits complies with National Marine Fisheries Service (NMFS) biological opinion No.

08ESMF00-F-0206 dated 13 June 2016, as amended 12 October 2023 (No. 2022-0043398).

This purchase will be funded using Construction General funds.

3. Description of Supplies/Services: This action is to purchase 3.7 GGS habitat mitigation credits to support the following planned USACE SPK Lower San Joaquin River, Reach TS30L construction project. The advance purchase of credits is mandatory for compliance with the Biological Opinion (BO) cited above, and must be completed by 31 March 2024, to offset potential impacts to GGS habitat caused by levee construction, operation, and maintenance.

The estimated area of impacts for the entire project was 54,750 ft in length by 30 ft in width at the time the original BO was issued; however, the additional reach, TS30L, was identified as containing potential GGS habitat during the planning phase.

4. Authority Cited: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements and FAR 13.106-1(b)(2) – Soliciting Competition

5. Reason for Authority Cited: The impact areas of the LSJR Project construction are in the Sacramento-San Joaquin Delta. Most of the Delta lies within Contra Costa, Sacramento, San Joaquin, Solano, and Yolo Counties. USFWS requires that credits must be purchased within the same general area (bank service area) of the original construction impacts. This limits the choices and availability of credits. In this case, only one mitigation bank is located within the appropriate area and with GGS credit availability.

6. Efforts to Obtain Competition Heron Pacific, Wildlands, Inc., and Westervelt Ecological Services were contacted during the market research phase of this project. Furthermore, the USACE website RIBITS (Regulatory In-lieu Fee and Bank Information Tracking System) was consulted to confirm if there is availability of GGS habitat credits at other mitigation banks.

Westervelt Ecological Services, Western Region was the only bank located within the required bank service area for the LSJR Project with GGS habitat credits available for purchase.

7. Actions to Increase Competition: Only one current mitigation bank has the type of credits needed, in the required location. Therefore, there is no opportunity to increase competition.

8. Market Research: Confirmation of credit availability was verified through outreach to the bank listed above as well as through consultation of the USACE RIBITS website.

9. Interested Sources:

Westervelt Ecological Services, Western Region 3636 American River Drive, Suite 120

Sacramento, CA 95864 POC: Lisa Williams

LWilliams@westervelt.com 916-646-3644

CAGE: 4RYL5

mailto:LWilliams@westervelt.com