Single_Source_Determination_-_W9127N19C0013.pdf

Control No. OJL-19-0009

SINGLE SOURCE DETERMINATION

Coos Bay North Spit Western Snowy Plover Population Monitoring Services

1. CONTRACTING AGENCY:

Portland District, US Army Corps of Engineers, Contracting Division, 333 SW First Avenue, OR 97204-3495.

2. DESCRIPTION OF ACTION:

Approval is being requested for new firm-fixed price contract to purchase annual avian monitoring services for the Western Snowy Plover (Charadrius nivosus nivosus) population at the Oregon coast by Portland State University, 1600 SW 4th Avenue, Portland, OR 97201-5522.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

Duration of monitoring services will be 1 April 2019 through 31 March 2024, consisting of one base year and four one-year option periods.

Services are to conduct population monitoring of the federally endangered Western Snowy Plover at Coos Bay North Spit in Coos Bay, Oregon. Field objectives include: monitor the abundance and distribution of Snowy Plovers on the Coos Bay north spit to estimate the size of the adult Snowy Plover population, locate plover nests, use mini-exclousures as needed to protect nests from predators, determine nest success rates, determine fledgling success rates, identify causes of nest and brood failure, record data about predators observed and evaluate effectiveness of predator management, and provide data in weekly reports and a final report.

Total cost for population monitoring (base plus options) is .

4. AUTHORITY CITED:

The statutory authority for this non-competitive acquisition is 41 U.S.C. § 1901, as implemented by FAR subpart 13.5 – Simplified Procedures for Certain Commercial Items.

5. REASON FOR AUTHORITY CITED:

a. Background: Snowy Plover management in Oregon is a cooperative project, with contributions from U.S. Army Corps of Engineers (USACE), Bureau of Land Management (BLM), U.S. Forest Service, U.S. Fish and Wildlife Service (USFWS), Oregon Parks and Recreation Department, and the Oregon Department of Fish and Wildlife. Portland State University’s Oregon Biodiversity Information Center (ORBIC) is the only entity that possess the experience, permissions, and permits to conduct these services. To conduct monitoring most efficiently, Portland State University’s ORBIC combines funding from the management agencies and collects standardized information across all ownerships. In 2016 and 2017, the Corps sent Economy Act MIPRs to BLM and BLM contracted with Portland State University to complete this monitoring. In 2018, the Corps contracted directly with Portland State University to obtain ORBIC monitoring services.

b. Justification: Portland State University’s ORBIC is the only agency that possesses the experience, permissions, and permits to conduct these services. Portland State University holds the USFWS recovery permit TE39372B-0, USGS banding permit 21825, and an agreement with Oregon Department of Fish and Wildlife for work with endangered species. Competition is not feasible at this time because there are no other entities that are able to provide these services.

Portland State University’s ORBIC is uniquely qualified for this type of data collection and management on wildlife. Their key function is to develop, maintain, and distribute biodiversity information in Oregon. The center works with partners to provide the most comprehensive information (repository) on plants, wildlife, fish, fungi, and vegetation throughout Oregon. The monitoring is a cooperative project with contributions from other Federal and State agencies.

The Contract Specialist contacted the USFWS on November 6, 2018 to get a list of USFWS Recovery Permit holders authorized for Western Snowy Plover. The USFWS stated they currently have two permitees – Portland State University (Permit TE-39372B-

2) and Oregon Parks and Recreation Department (Permit TE-97807A-1). The Oregon Parks and Recreation Department, an agency partner on the cooperative management of Western Snowy Plover, holds a permit related to work on their own lands as part of their agency mission. They do not provide monitoring services to other agencies per an FPDS-NG review of federal contract awards.

c. Impact: Failure to contract with Portland State University will result in failure to comply with the Corps’ Endangered Species Act recovery plan commitments. Further, because this population monitoring effort is a multi-agency cooperative effort on federal and state lands, the Corps’ failure to contract with Portland State University will result in failure of the overall population monitoring mission of other federal and state agencies as well.

6. EFFORTS TO OBTAIN COMPETITION:

Competition is not feasible at this time, as no other organization possesses the experience, permissions, and permits to conduct these services. Portland State University holds the USFWS recovery permit TE39372B-0, USGS banding permit 21825, and an agreement with Oregon Department of Fish and Wildlife for work with endangered species.

The Contract Specialist posted a Notice of Intent to Sole Source with Portland State University on FBO.gov on November 26, 2018 for 15 days to assess other capable vendors.

No responses were received.

7. ACTIONS TO INCREASE COMPETITION:

See Section 6. Competition is not feasible at this time. No other organization possesses the experience, permissions, and permits to conduct these services. The permits required for this work are issued on a limited basis due to the involvement of endangered species, and the issuance of the permits is not controlled by USACE. Market research for future procurements will reassess if other possible vendors (i.e. new permit holders) can meet the

12. REVIEWED BY:

I hereby determine that the above information, to the best of my knowledge, is correct and accurate.

Name:

Title: Contract Specialist Electronic Signature:

13. CONTRACTING OFFICER CERTIFICATION:

Based on the above determination, I hereby approve the procurement of the Western Snowy Plover Population Monitoring Services on an other than full and open competition basis pursuant to the authority 41 U.S.C. § 1901, as implemented by FAR subpart 13.5, subject to the availability of funds, and provided the services herein described has otherwise been authorized for acquisition.

I certify that this Determination is accurate and complete to the best of my knowledge and belief.

Name:

Title: Contracting Officer Electronic Signature:

c=US o=U S Government ou=DoD ou=PKI ou=USA