J A_Oyster_Monitoring_2015_SIGNED.pdf

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

CONTROL NO. 15-16

PROJECT/EQUIPMENT

Purchase a 2015 Water Quality and Oyster Monitoring Study for the Delaware River Main Channel Deepening

Project Delaware Bay, New Jersey and Delaware.

AUTHORITY: 10 U.S.C. 2304(C)(1); FAR 6.302-1(a)(2)(ii); FAR 16.505(b)(2)(i)(c

AMOUNT: $650,000.00

PREPARED BY NAME

Bruce E. Hayes

Contract Specialist

TELEPHONE NO: 215-656-6771

DATE

03 April 2015

Contracting Officer NAME

Linda M. Dobbs

Contracting Officer

TELEPHONE NO: 215-656-6923

10 April 2015

Technical NAME

TELEPHONE NO:

Requirements NAME

TELEPHONE NO:

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

District

Small Business

Specialists

SIGNATURE

NAME:

Cheryl Chandler

TELEPHONE NO.

215-656-6867

Project

Manager

District

Counsel

District

Contracting

Chief

Field

Competition

Advocate e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text Scott Evans e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text 215-656-6680 e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text Barbara Conlin e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text 215-656-6557 e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text Scott Evans e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text 215-656-6680 e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text Andrew P. Yoder e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text e5ctsbeh Typewritten Text N/A e5ctsbeh Typewritten Text 215-656-6503 e5ctslmd Typewritten Text e5ctslmd Typewritten Text 13 April 2015 e5ctslmd Typewritten Text 13 April 2015 e5ctslmd Typewritten Text 13 April 2015 e5oc9mek Typewritten Text 4/23/2015 e5oc9mek Typewritten Text Maria Kolokithias e5oc9mek Typewritten Text e5oc9mek e5oc9mek

215-656-6532

Control Number 15-16

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY:

The contracting activity is the US Army Corps of Engineers (USACE), Philadelphia District, Contracting Division, Supplies and Services Branch (CENAP-CT-S). The requiring activity is the Environmental Resources Branch, Planning Division Philadelphia District USACE. The Civil Works funding has been committed under PR&C No.W25PHS-5048-7930.

2. DESCRIPTION OF ACTION:

Approval is respectfully requested for a negotiated firm-fixed price contract to Rutgers, The State University of New Jersey to conduct a 2015 Water Quality and Oyster Monitoring Study for the Delaware River Main Channel Deepening Project Delaware Bay, New Jersey and Delaware. The Independent Government Estimate (IGE) is in the amount of $648,650.00.

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

One of the major environmental concerns regarding the deepening of the Delaware River navigational channel from 40 feet depth to 45 feet MLW is the effect the project may have on salinity distribution in the lower bay. The lower Delaware Bay supports commercially important oyster beds in New Jersey and Delaware state waters. Oysters are highly susceptible to the diseases, which thrive in high salinity waters but are less prevalent in lower salinities. In addition, several species of invertebrate oyster predators also inhabit higher salinities and may migrate further up the bay. These changes in the current distribution of saline waters in Delaware Bay is likely to impact the health of oyster beds by increasing the incidence of oyster diseases and oyster predators further into the estuary as well as potentially impact feeding capability in an environment of higher turbidity. These impacts could translate into economic losses via reduction in the oyster fishery quota, and reduction in beneficial ecosystem services provided by health oyster populations (ie. habitat creation, water filtration, nutrient recycling, etc.). Estuaries by nature are very dynamic environments. Without comprehensive data, these potential impacts could be attributed to channel deepening (i.e. causing saltier water to intrude up bay) when there are a variety of other dynamic factors that could very well play a contributing role (e.g. climate change, sea level rise, large storm events, etc.). Based on this information, the Environmental Resources Branch is requesting this Water Quality and Oyster Monitoring Study, which will begin immediately after award. All final reports shall be submitted by 1 March 2016.

4. AUTHORITY CITED:

10 U.S.C. §2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a)(2)(ii), and 16.505(b)(2)(i)(C). This is a follow-on contract for work that was previously performed. Rutgers, The State University of New Jersey, is the only contractor that can perform this work as the same procedures and methods have to be followed and completed in order to keep the data consistent with the previous year’s results in order for it to be effective.

5. REASON FOR AUTHORITY CITED:

Six months of Delaware Estuary Oyster Health and Water Quality Monitoring was conducted in 2012 at 9 stations and eight months during both 2013 and 2014 at the same 9 stations. The study was designed and initiated to provide a scientifically robust data base to evaluate potential changes in salinity distribution and oyster mortality upon completion of channel deepening project. To date, all of the field and laboratory work has been conducted by the Rutgers University Haskin Shellfish Research laboratory (oysters) and Versar, inc. (water quality).

The 2013 monitoring occurred during dredging of Reach D, which parallels a large section of oyster beds in a low salinity refuge area. This study was necessary to conduct inter-annual comparisons of the information obtained in the previous year. Versar and Rutgers University were contracted to conduct the 2013 and 2014 monitoring because it was essential to the validity and cost-effectiveness of the 2012 data that monitoring in these years be conducted by the same scientific research team in the same manner, using the same personnel, equipment, collection technique, and laboratory methodologies. Utilizing the same research team not only reduces the risk of variability in the data results, but enhances the usefulness of the 2012 data for a cross comparison of potential impacts of the channel deepening project on estuarine dynamics as the project progresses towards completion. Likewise, the validity and cost-effectiveness of the current 2015 study is dependent upon the same research team conducting the work. The 2015 study is dependent upon the same research team conducting the work. The 2015 study is considered a critical yare because dredging will be occurring in the lower portion of the Delaware Bay, in the heart of the Delaware oyster bed area. If construction of the deepening project does have an impact on oysters, 2015 is the most likely year for this to occur. It is imperative that the 2015 data meets the high quality standards of the previous years.

Rutgers, The State University of New Jersey (Haskin Shellfish Research Laboratory) is the foremost authority of oyster biology within the Delaware Bay and has comprised a 60-year record of oyster research with appropriate quantitative protocols. Catch efficiency and calibration of research vessels and gear are critical to the monitoring program. Haskin Lab is a recognized expert in oyster disease analyses and conducts all NOAA National Status and Trends disease and parasite analyses for oysters in 55 separate estuaries from New Jersey to Texas.

Dredge calibration is a specialized technique necessary to maintain data consistency and Haskin Lab’s dredge calibration data has been successfully peer-reviewed. Additionally, Haskin Lab has an ongoing working relationship with Versar, Inc. for the concomitant water quality parameter data collection procedures employed in previous monitoring programs. Any changes in sampling design, procedure or operational consistency in 2015 will result in increased biases that can negate the statistical validity of the previous and current monitoring program. Without consistent replicated annual monitoring, no scientific information would be available to draw conclusions regarding the probable causes associated with potential natural resource damages, such as a significant decline in oyster populations. Monitoring data collected in a manner consistent with scientific methodology used in previous years could prove to provide a defensible basis to draw conclusions regarding perceived impacts and a reliable means to avoid potentially expensive long-term mitigative restoration programs.

6. EFFORTS TO OBTAIN COMPETITION:

A synopsis of the intended procurement will be published as required by FAR 5.203 for five (5) days, stating our intent to solicit and award on a sole source basis with Rutgers, The State University of New Jersey. Any information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. Based on information in paragraph 5, above, competition for this action was not feasible.

7. ACTIONS TO INCREASE COMPETITION:

Any changes in sampling design, procedure or operational consistency in 2015 will result in increased biases that can negate the statistical validity of the previous and current monitoring program. Without consistent replicated annual monitoring, no scientific information would be available to draw conclusions regarding the probable causes associated with potential natural resource damages, such as a significant decline in oyster populations. Monitoring data collected in a manner consistent with scientific methodology used in previous years could prove to provide a defensible basis to draw conclusions regarding perceived impacts and a reliable means to avoid potentially expensive long-term mitigative restoration programs. Based on this information, competition is not feasible.

8. MARKET RESEARCH:

A market survey was not performed as this is a follow-on contract that can only be performed by Rutgers, The State University of New Jersey. Identical methods and procedures are crucial and need to be followed for data consistency.

9. INTERESTED SOURCES:

Rutgers, The State University of New Jersey

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.

NAME: Scott Evans DATE: _________________________

TITLE: Civil Engineer SIGNATURE: ___________________

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.

NAME: Barbara Conlin DATE: _________________________

TITLE: Ecologist SIGNATURE: ___________________

13. FAIR AND REASONABLE COST DETERMINATION:

Based on a comparison with the IGE, and historical pricing data, I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

NAME: Linda M. Dobbs DATE: _________________________

TITLE: Contracting Officer SIGNATURE: _________________

14. CONTRACTING OFFICER CERTIFICATION:

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

NAME: Linda M. Dobbs DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________ e5ctslmd

13 April 2015 e5ctslmd Typewritten Text 13 April 2015 e5ctslmd Typewritten Text 13 April 2015 e5ctslmd Typewritten Text 13 April 2015 e5ctslmd

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of for the 2015 Water Quality and Oyster Monitoring Study for the Delaware River Main Channel Deepening Project Delaware Bay, New Jersey and Delaware on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) subject to the availability of funds, and provided the services herein described have otherwise been authorized for acquisition.

NAME: _____________________________ DATE: _________________________

TITLE: _____________________________ SIGNATURE: ___________________