A.02 PRH 7N24R0024 JA FAR Part 6_ Redacted.pdf

Control Number: NWP-24-016

Controlled Unclassified Information

In the Flood Control Act of 1950, Congress authorized the construction of The Dalles and John Day Dams. The accompanying 1949 Report of the Chief of Engineers, House Document No. 531 (H.D. 531), describes facilities, including hatcheries, to be provided in connection with the project. Appendix L of H.D. 531 further elaborates on hatchery facilities, specifying construction of hatcheries in the lower Deschutes River. However, due to adverse water quality issues in the lower Deschutes, USACE did not pursue construction in this location and instead explored existing hatcheries elsewhere in the basin. Since that time, USACE had relied on a variety of federal, state, and electric utility owned and operated hatcheries and fish facilities to meet mitigation objectives.

The 1969 U.S. District Court for the District of Oregon’s decision in Sohappy v. Smith and subsequent orders, popularly known as United States v. Oregon resulted in, among other things, the formation of a basin-wide Columbia River Fish Management Plan (CRFMP) which was proposed by the parties and later adopted by the court in 1988. The CRFMP laid out an artificial and natural production and management scheme designed to conserve, rebuild, and enhance the fish of the upper Columbia River Basin. Components of the CRFMP, including the latest court-approved Columbia River Fish Management Agreement and artificial production facilities that USACE funds to provide mitigation for The Dalles and John Day Dams.

In 2008, NMFS issued a revised Biological Opinion (BiOp) that concluded the Federal Columbia River Power System jeopardizes the continued existence of various Endangered Species Act-listed anadromous fish in the Columbia River Basin, but that jeopardy and adverse modification may be avoided by implementing a reasonable and prudent alternative (RPA) composed of discrete actions covering, among other things, hatchery operations. RPA action no. 40 called for a review of the hatchery program associated with the mitigation for The Dalles and John Day Dams. After reviewing the program, USACE, among others, ultimately arrived at a plan to move hatchery operations into or above the exclusive Zone 6 Indian fishery to better meet mitigation objectives.

5.2 Justification

The United States v. Oregon parties and the USACE Portland District and Northwestern Division have agreed to release URB fall Chinook in the Columbia River, in or above Zone 6, in support of The Dalles and John Day Dams fish mitigation objectives. Priest Rapids Hatchery is situated just upstream of the Hanford Reach on the east bank of the Columbia River in Franklin County, WA, above the Zone 6 fishery boundary.

Priest Rapids Hatchery possesses the appropriate water temperature, rearing pond space, and availability during the required months to provide eggs, and rear and release URB juveniles into the Columbia River.

No other egg collection and rearing facilities exist in this area of the Columbia River that are (1) capable of delivering the quantities specified in this requirement and (2) not already in use by the USACE for similar purposes. The underlying land, facilities and equipment at Priest Rapids Hatchery are under the ownership of Grant County Public Utility District (PUD). Grant County PUD has an existing exclusive agreement with WDFW. Grant County PUD granted to WDFW for the operation of the specific facility required for this contract at Priest Rapids Hatchery for July 01, 2024 through June 30, 2027.

5.3 Alternatives Considered and Negative Impact if the Sole Source Contract is Not Awarded

Forgoing the use of Priest Rapids Hatchery would entail more heavily relying on tule fall Chinook production in Zone 6, rather than URB fall Chinook production further upstream of Zone 6. Further reliance on tule fall Chinook would create a disproportionate mix of tule and URB adult returns that does not reflect the historical abundance of both stocks prior to dam construction.

It follows that discontinuing the use of Priest Rapids Hatchery releases would make it more difficult for USACE to mitigate the impacts of constructing and operating The Dalles and John Day Dams on these stocks within the exclusive Zone 6 Indian fishery. Discontinuing the use of Priest Rapids Hatchery would also make it more difficult for USACE to fulfill its trust responsibility to Columbia River Basin tribes, which requires USACE to implement its mitigation program in a manner that protects fishing rights which the tribes reserved under relevant treaties.

6. Efforts to Obtain Competition: A Notice of Intent (NOI) to Sole Source, which meets the synopses of proposed contract action required by FAR 5.201, was posted via the Sam.gov on 31 January 2024, for 15 days. NWP received no responses to the notice.

7. Actions to Increase Competition: As detailed above, competition is not feasible due to the exclusive rights Grant County PUD granted to WDFW for the operation of the specific facility required for this contract at Priest Rapids Hatchery, which is the only facility that is capable of satisfying NWP’s requirements. The USACE Contracting Office will continue to re-assess the market environment for competition possibilities each time this requirement is due for renewal. The USACE Contracting office will implement changes to ensure maximum competition of one or more parts of this requirement if such a situation arises where increased competition is a possibility.

8. Market Research: Market research was conducted using Small Business Administration Dynamic Small Business Search (DSBS) and Quick Market Search (QMS) searches in January 2024. The DSBS search indicates there are no vendors who provide a similar service. No other vendors could be located to provide a service that is equal or exceeds the services requested. Small business coordination with the Deputy for Small Business, was conducted April 11, 2024.

9. Interested Sources: To date, no other vendors have expressed an interest in this project or as a possible source in the near future. Grant County PUD specifically wrote a memorandum (See Attachment 1) explaining their intention not to fulfill the requirement and defer to WDFW for the upcoming period of performance of July 1, 2024 through June 30, 2027.

This sole source Justification and Approval will be posted and made public within 14 days after award in accordance with FAR 6.305(a).

10. Other Facts:

a. Procurement history:

(1) Previous contracts:

W9127N-20-C-0021 Awarded 29-July-2020 W9127N-21-C-0035 Awarded 23-September-2021

(2) Competitive Status: Sole Source

(3) Authority cited for competitive status: FAR 6.302-1 and DFARS 206.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

(4) Justification to support procurement history: Competition is not feasible due to the exclusive rights Grant County PUD granted to WDFW for the operation of the specific facility required for these contracts at Priest Rapids Hatchery, which is the only facility that is capable of satisfying NWP’s requirements. The USACE Contracting office will continue to re-assess the market environment for competition possibilities each time this requirement is due for renewal. The USACE Contracting office will implement changes to ensure maximum competition of one or more parts of this requirement if such a situation arises where increased competition is a possibility.

b. Other facts: Egg collection, rearing and release services, and associated M&E specific to the USACE-funded fish releases at Priest Rapids Hatchery are currently performed under contract number W9127N-21-C-0015 and were historically performed by WDFW under various agreements since 1992.

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.

Signature: Date: _______________________

Name: Title: Fish Biologist

12. Requirements 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.

Signature: Date: ______________________

Name: Title: Fish Biologist

13. Fair and Reasonable Cost Determination:

In accordance with FAR 15.403 Obtaining Certified Cost or Pricing Data (CCPD), the Government shall request CCPD to determine the anticipated cost to the Government for this contract action will be fair and reasonable. I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Name: Title: Contracting Officer

14. Contracting Officer Certification:

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

Name: Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of Upriver Bright Fall Chinook Production at Priest Rapids Hatchery procurement and total dollar value of on an other than full and open competition basis pursuant to the authority of 10 United States Code 3204(a)(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, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

Name: Title: