The contractor shall create, restore, and manage in perpetuity the a total of 0. 92 credits (from three funding sources) at the Liberty Island Conservation Bank.

This contract action was accomplished using other than competitive procedures because there is only one responsible source due to a unique capability provided, and no other supplies or services will satisfy agency requirements (FAR 6.302-1). See posted J&A for further information.

J&A 201416
1. CONTRACTING AGENCY: US Army Corps of Engineers (USACE), San Francisco District
(CESPN-CT) 1455 Market St., San Francisco, CA 94103-1398.
2. DESCRIPTION OF ACTION: Contracting Officer's approval is requested to purchase sub tidal habitat credits from Wildlands, Inc. for the San Francisco Bay Federal Navigation Program.
3. DESCRIPTION OF SERVICE: The goal of this contract is to purchase 0.92 sub tidal habitat credits from Wildlands, Inc. for the San Francisco Bay Federal Navigation Program. Purchase of the mitigation credits would be used by the bank to restore sub tidal habitat within the mitigation bank areas. Under the resource agency requirements, Wildlands, Inc. will report quarterly on the program
and condition of the habitat restoration and management efforts.
4. AUTHORITY CITED: FAR 6.302-1 Only one responsible source and no other supplies or
services will satisfy agency requirements.
5. JUSTIFICATION: The California Department of Fish and Wildlife, National Marine Fisheries Service and the U.S. Fish and Wildlife Service (resource agencies) have determined that mitigation credits must be purchased within the same region. A search for approved contractors for this region identified one contractor, Wildlands, Inc. that is approved by the resource agencies to sell sub tidal
habitat credits. Wildlands, Inc. is the owner of the only resource agency approved mitigation bank for anadromous
fish species mitigation credits within this region.
6. EFFORTS TO OBTAIN COMPETITION AND INCREASE COMPETITION:
This specific requirement for this project was not synopsized via Army Single Face to Industry (ASFI)or via FedBizOps (FBO).
7. MARKET RESEARCH: A search of the joint USACE - EPA - NOAA- FWS mitigation
banking website and a review of the certified mitigation banks in the Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) were conducted on July 29, 2014 and revealed that no other contractors provide sub- tidal habitat credit in the required area.
8. OTHER FACTS: No other resource agency approved species specific mitigation banks in the service area has available habitat credits for purchase. Coordination with U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife has approved the purchase of mitigation credits from Wildlands, Inc.
9. DETERMINATION: I certify that this Single Source Determination is accurate and complete to the best of my knowledge based on the supporting data provided by technical or requirements personnel.
10. DETERMINATION: I certify that this Single Source Determination is accurate and complete to the best of my knowledge and belief.