J-A redacted.pdf

CUI//SP-SSEL

Control Number: SPK-24-120

CUI//SP-SSEL

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

1 SEP 2021

Justification Review Document for Other than Full and Open Competition – FAR Part 6

CUI//SP-SSEL

Control Number: SPK-24-120

CUI//SP-SSEL

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

1 SEP 2021

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 purchase of mitigation credits to offset the effects of construction of the Yolo Bypass East Levee, West Sacramento, CA Project (West Sacramento Project) on Giant Garter Snake (GGS) habitat. The purchase of GGS habitat credits complies with United States Fish and Wildlife Service (USFWS) Biological Opinion No.

08ESMF00-2022-0001038-S7-004, dated 7 March 2022. This purchase will be funded using Construction General funds.

3. Description of Supplies/Services: This action is to purchase 3.45 GGS habitat mitigation credits at the Grasslands Mitigation Bank located in Merced County, CA (APN’s 070-014-033, 070-014-012, 070-014-036) to support construction of the Yolo Bypass East Levee, part of the West Sacramento Project. Westervelt Ecological Services, Western Region is the sole owner and operator of the Grasslands Mitigation Bank. Advanced purchase of credits is mandatory for compliance with the Biological Opinion (BO) cited above and must be completed by 1 May 2024 to offset anticipated impacts to GGS habitat caused by levee construction, operation, and maintenance. Impacts for this reach of the project are estimated to total 1.15 acres of habitat.

The habitat mitigation ratio imposed by USFWS is 3 acres of credits required for every 1 acre of habitat impacted, resulting in a need for 3.45 equivalent credits.

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 West Sacramento Project construction are in the Greater Central Valley. The Greater Central Valley includes Sacramento, San Joaquin, Solano, Stanislaus, Merced and Yolo Counties. USFWS requires the Corps to purchase credits within the same general area (bank service area) as the area which will suffer habitat impacts from the planned construction. This limits the choices and availability of credits. In this case, only one mitigation bank is located within the appropriate area with GGS credit availability.

6. Efforts to Obtain Competition Heron Pacific, Wildlands, Inc., and Westervelt Ecological Services, Western Region, 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 ascertain availability of GGS habitat credits at other mitigation banks. The Grasslands Mitigation Bank, owned and operated by Westervelt Ecological Services, Western Region, is the only bank located within the required bank service area for the West Sacramento 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 banks listed above as well as through consultation of the USACE RIBITS website.