F--Single Source Determination for Integrated Science Support for Pallid Sturgeon

SINGLE SOURCE DETERMINATION less than br greater than Control Number:NWK-14-0007 less than br greater than less than br greater than 1.CONTRACTING AGENCY: Kansas City District, U.S. Army Corps of Engineers, Contracting Division, 601 E. 12th St., Kansas City, MO 64106. less than br greater than less than br greater than 2. DESCRIPTION OF ACTION: less than br greater than less than br greater than a. This action is for a new firm fixed price single source requirement using Fiscal Year 2014 construction general funds to acquire scientific services in support of various studies involving the Pallid Sturgeon on the Missouri River between The Big Sioux River in Sioux City, Iowa and the Iowa/Missouri state line. These services will be in support of the Missouri River Recovery Program (MRRP). less than br greater than less than br greater than b. The contract will encompass the following services: less than br greater than less than br greater than (1) Pallid Sturgeon Population Assessment: Biological surveys for pallid sturgeon and other native fish species and habitat data collection will be conducted in accordance with the most current guiding documents for quote mark Pallid Sturgeon Population Assessment quote mark (most recent version is Drobish 2008) and quote mark Missouri River Standard Operating Procedures for Fish Sampling and Data Collection quote mark (most recent version is Drobish 2008). All data are recorded on standardized data sheets and followed by implementing a variety of QA!QC procedures. An annual report that summarizes each year's data collection effort is required. The contractor is also required to attend up to three meetings and up to two trainings directly associated with the Pallid Sturgeon population Assessment Program. less than br greater than less than br greater than (2) Pallid Sturgeon Propagation: The Corps has the responsibility to work cooperatively with the U.S. Fish and Wildlife Service (USFWS) to capture, hold, spawn broodstock annually. The Corps is responsible for a portion of the annual stocking identified as the Average Annual shortfall in the 2000 Opinion, as amended in 2003. Activities associated with pallid sturgeon propagation will include: brood stock collection, sexing and transport; egg staging and spawning;tagging and less than br greater than stocking. An annual summary report in accordance with a standardized format will be submitted highlighting the propagation activities for the year. less than br greater than less than br greater than (3) Aquatic Habitat Assessment and Monitoring: For the benefit of pallid sturgeon, the Corps,through management actions or site-level projects, creates and then monitors aquatic habitat in the channelized segment of the Missouri River. The contractor will be responsible for assessing improvements/changes in the physical habitat characteristics associated with the channelized river, and the biological response to those habitat changes. An Annual Report that summarizes each year's data collection efforts is required. The contractor is also required to attend five less than br greater than meetings and five training sessions directly associated with assessment and monitoring activities. All sampling must be consistent with the most recent version of the guiding document for Pallid Sturgeon Habitat Assessment and Monitoring, Pallid Sturgeon Population Assessment Project and Missouri River Standard less than br greater than Operating Procedures for Fish Sampling and Data Collection documents. All data are recorded on data sheets and followed by implementing a variety of QAIQC procedures. less than br greater than less than br greater than (4) Aquatic Ecosystem Response: This work may include monitoring to assess the biologic response of native species including game and non-game species as well as changes to primary and secondary productivity that result from in-channel and off-channel aquatic habitat creation efforts. This data would provide the information needed to make informed adaptive management decisions related to habitat creation in order to insure recovery of the ecosystem on which the pallid sturgeon relies. less than br greater than less than br greater than (5) Scientific Studies: To support learning and progress towards recovery of the pallid sturgeon, certain research activities are required to improve understanding, identify relationships and resolve knowledge gaps for pallid biology and ecology. As the recovery process moves forward priority information needs will be identified, some of which are included in the Ruckelshaus Report. Data collection and research study design and analysis may be conducted to address high priority information needs for pallid sturgeon in the middle basin of the Missouri less than br greater than River.These needs are identified, in part, under four categories: Early Life Stages, Habitat, Reproduction, and Population Assessment. less than br greater than less than br greater than c. All of the above services will be administered as directed and conducted within the SOP and the guiding documents, Project Management Plans and the Scope of Work. less than br greater than less than br greater than less than br greater than 3. DESCRIPTION OF SERVICE: The services required under the proposed recovery contract for Pallid Sturgeon include a wide variety of activities ranging from the collection of all life stages of fish to spatial and temporal data critically linking biological data and location. Additional physical data is also collected providing the linkage between water characteristics and biological collections. These and similar assessments provides biological data to track trends over time to less than br greater than detect improvements at the system level of Missouri River fish species and is the key to evaluate the success of the stocking component of the pallid sturgeon recovery program. Under the Pallid Sturgeon Propagation and Population augmentation, the contractor will collect, spawn, rear, tag, and stock pallid sturgeon within the guidelines of USFWS approved stocking plans while participating within the process established and outlined in the Project Management Plan for less than br greater than Pallid Sturgeon Propagation and Population Augmentation. Under the Biological and Aquatic Resources portion of the work, the contractor will study important life history components of pallid sturgeon to improve the overall understanding, identify relationships, and close knowledge gaps related to pallid sturgeon biology and ecology. This is a critical component of species recovery since many of the limiting factors affecting various pallid sturgeon life stages have not been adequately described. A contract is anticipated to be awarded to the Iowa Department of Natural Resources. The period of performance will be for 1 year less than br greater than with no options. It is estimated that the value of the work under the proposed contract will be $140,000.00 and there is no fee or profit charged to this account. less than br greater than less than br greater than 4. AUTHORITY CITED: FAR 13.106-1(b), Soliciting from a single source. less than br greater than less than br greater than 5. REASON FOR AUTHORITY CITED: less than br greater than less than br greater than a. BACKGROUND. less than br greater than less than br greater than The U.S. Army Corps of Engineers (Corps) received a Biological Opinion (Opinion) from the U.S. Fish and Wildlife Service (USFWS) in 2000 (and as amended in 2003). This Opinion concluded that certain operations of the main stem system would likely jeopardize the continued existence of the pallid sturgeon. Identified within the Opinion are Reasonable and Prudent Alternative Elements (RPA) specifically related to the recovery needs of pallid sturgeon. The RPA focuses primarily on restoring pallid sturgeon habitat (through creation of habitat), restoring the physical and less than br greater than biological cues critical for life history functions, and improving pallid sturgeon population structure through propagation activities. The RPA also includes specific monitoring and research elements and identifies Adaptive Management as the framework for guiding efforts to improve habitat conditions and survival for the species. Adaptive management incorporates learning into the management of resources and requires monitoring of management actions to track progress towards that end. Pallid Sturgeon Population Assessment is a specific RPA element and is needed to provide data on pallid abundance,location, size, and habitat-these data are used to monitor pallid status, assess our propagation activities, and examine the pallid's response to our other management actions. Scientific research is also conducted to satisfy important information needs associated with these program areas. Evaluation of biological responses under varying flow conditions (i.e., Flow Modification) is an additional and essential component under the Opinion. less than br greater than less than br greater than Since 2003 the Corps has been implementing a suite of activities under the Opinion for pallid sturgeon using the RPA as a guide. The Corps developed a Propagation Work Group to begin improving the ability to capture, spawn, raise and release pallid sturgeon back into the Missouri River. The Corps also began creating habitat through mechanical means (e.g., notching wing dikes, building chutes, widening the top width of the river) and conducting flow-related activities to ensure the presence of biological cues important for pallid spawning and dispersal of young. To monitor these actions we developed a population monitoring program consistent with the need described in the Opinion. This program gathers the data necessary to assess the propagation program, track population trends, and monitor certain biological responses to our management actions. As we continue to conduct our authorized purposes on the Missouri River and implement the RPA management actions within an adaptive management strategy, areas of uncertainty or knowledge gaps are expected to arise. Our strategy is to utilize research activities to address the knowledge gaps that emerge with regard to our understanding of pallid sturgeon life history, the physical responses of the system to our actions, and the relationship between pallids and their habitat. The use of research in conjunction with our management actions and monitoring programs will provide an effective and efficient means of progressing towards and accomplishing our goals and objectives less than br greater than within the Missouri River Recovery Program. Both the 2000 document and the 2003 Amendment to the document will be referred to as the BiOp and the documents can be reviewed at the following internet ink:http://moriverrecovery.usace.army.millmrrp/f?p=136:10:0::NO::SITE ID.PIS ID:,. less than br greater than less than br greater than less than br greater than On 17 December 2014, Willie Hodges, a Contract Specialist conducted market research through an inquiry on the Small Dynamic Business Search. His market research covered the geographical areas of KS, NE, lA, and MO. A total of six profiles were displayed from his query. All six firms are considered small businesses under NAICS 813312 quote mark Environment, Cons ervation and Wildlife Organizations quote mark . To increase compettion Mr. Hodges forwarded an email to the six firms (WBS Environmental Consultants, Inc; Adaptive Wildlife Management; Cahis-Sanchez, Staci D; Botanical & Ecological Consulting; SES, Inc; WMW Contracting). less than br greater than less than br greater than In, Mr. Hodges electronic mail he gave each company a description of the requirement and details on how to submit their information. Attached to the email was a pdf. file of the sources sought and a direct link to the announcement on FBO. Additionaly, he ask each contractor to reply by email if interested in taking on a project of this magnitude. Not one of the six small business entities expressed an interest in this project. Mr. Hodges searched through the Kansas City, Districts ID/IQ database for contracts equivalent to the services being sought and did not find any. less than br greater than less than br greater than On 20 December 2013 a sources sought was solicited on the Federal Business Opportunity website to gather information from professionals in the industry that have the capacity and capability to perform scientific studies on the Missouri River between The Big Sioux River in Sioux City, Iowa and the Iowa/Missouri state line. The Sources Sought Notice described the work to be performed, stated the area in which the work was to be performed, stated the North American Industrial less than br greater than Classification System (NAICS) Code; referenced the 2000 BiOp and 2003 Amendment to the BiOp containing the research and recovery goals for the pallid sturgeon which is the basis for the required work and listed the biological collectors' permits required to accomplish the work. The Notice stated that responses should include the name, location and date of similar studies or specific projects; a brief description of the study and of the protocols followed; a list of specialized experience and technical competence by discipline for each study and a copy of each of the required biological collectors permits. A total of four contractors responded to the sources sought during the period of 20 December 2013 thru 7 January 2014. less than br greater than less than br greater than Of the documents provided, IDNR provides the most information specific to sampling pallid sturgeon on the Missouri River. They have completed previous Corps contracts utilizing existing pallid sturgeon sampling SOPs and guiding documents. While the two firms Environmental Monitoring Group,lnc./Zia Engineering and Environmental Consultants, LLC and Prairie Engineers of Illinois/ Eisenbraun & Associates/ Deuchler Environmental, Inc. indicate that they have experience sampling pallid sturgeon they both acknowledge assistance from state resource agencies. Jackson Group possesses the federal permit necessary to sample pallid sturgeon in less than br greater than Iowa and has an individual that has worked with pallid sturgeon to an unknown degree since 1983. However, lack of documented familiarity with the project required suite of gears, experience working with state agencies, familiarity with the project SOP and guidance document, and lack of detail and specifics regarding personnel experience with pallid sturgeon. Additional information is necessary to fully evaluate the Jackson Group's technical competencies. On 24 January 2014 the Jackson Group submitted a resume on their pallid sturgeon expert Mr. Dinkins. less than br greater than less than br greater than Mr. Dinkins' only documented work experience with pallid sturgeon was approximately 25-30 years ago (much of the knowledge and techniques have changed since then) as a field taxonomist on the Mississippi River (USAGE funded). As indicated in the sources sought response collections were limited to the use of hoop nets and there was no mention of other common gears used to capture benthic fishes, which are routinely used as part of the HAMP and PSPAP. Additional information regarding this project was not provided and further review of his resume did not indicate any less than br greater than additional work related to pallid sturgeon, nor did it provide any evidence of publications or presentations from work completed on pallid sturgeon. His most recent, and the majority, of work has centered on mollusks. Additionally there was not any mention of familiarity of the SOP documents referenced in the sources sought solicitation. Unfortunately, the resume does not provide any additional information. less than br greater than less than br greater than As a final note one of the vendors that responded to the sources sought subsequently contacted the Omaha District USAGE staff requesting a recommendation for a project manager for a USAGE project working with the recovery of pallid sturgeon, which indicates the vendor does not currently have the expertise to complete this work effort. less than br greater than less than br greater than Based on the information provided, IDNR appears to provide the only response that adequately demonstrates the ability to competently complete the projects, has a demonstrated history of experience working with this project and the Corps and has accessibility to all sites. Services of this type have never been acquired by the Kansas City, District. The services being aquired are unique and require specificity relative to knowledge, skills and abilities to conduct these biological data collection efforts in a sound and consistent fashion to ensure data utility and continuity over time to draw accurate conclusions. In addition, the USAGE is bound to the BiOp issued by the USFWS for recovery of species, including the pallid sturgeon. There is no contractor or entity available, other than the IDNR, that currently meets the unique qualifications to perform the services being sought. less than br greater than less than br greater than b. JUSTIFICATION. less than br greater than less than br greater than (1) The Missouri River Recovery Program (MRRP) of the Omaha and Kansas City Districts of the U.S. Army Corps of Engineers (Corps)is focused on expending annual budgets efficiently and effectively to achieve Missouri River Main Stem Reservoir System and the Bank Stabilization and Navigation Project authorized purposes as well as compliance with federal environmental laws (i.e., Endangered Species Act). The purpose of the program is to implement management actions to less than br greater than avoid any further harm to the listed species and eventually recover them from their degraded state. Management of these natural resources (e.g., pallid sturgeon, least tern, and piping plover) falls under the responsibility of the USFWS and the state fish and wildlife agencies where they reside (Nebraska, Iowa, Missouri, Kansas, South Dakota, North Dakota, Montana and Wyoming). The MRRP works closely with these federal and state management agencies to facilitate progress toward meeting our program requirements, as well as fulfilling their public trust responsibilities (under the Public Trust Doctrine the States have the authority and responsibility to manage the fish and wildlife resources within their boundaries). As an extension of those natural resource management responsibilities, the Iowa Department of Natural Resources (IDNR) has developed a Missouri River program which monitors and tracks pallid sturgeon and other native fish species. In developing this program to fulfill their public trust responsibility,IDNR has acquired less than br greater than significant expertise in the area of Missouri River knowledge, pallid sturgeon biology, pallid sturgeon propagation, pallid habitat use, as well as a significant infrastructure (i.e., personnel, equipment, and knowledge)for managing and conducting monitoring and research activities on the Missouri River. This existing infrastructure, as well as the IDNR's stewardship responsibilities, provides the MRRP with benefits that cannot be achieved through other sources. Because of the existing infrastructure and expertise within IDNR, we experience significant cost savings in the area of pricing. Minimal effort is required from us to fund, train, and outfit the IDNR to conduct the work because of the ongoing program. Contracting with other organizations would require significant up-front effort, and would not be likely to achieve the level of stability and responsiveness of the IDNR. less than br greater than less than br greater than (2) To conduct these services, a State Scientific Collector's Permit is required to collect any biological specimen; and, in order to deliberately target the collection of an endangered species, a U.S. Fish and Wildlife Services Section 10 Endangered Species Permit must be obtained in accordance with the Endangered Species Act. The Section 10 Permit is reviewed and approved by the USFWS specific to the pallid sturgeon and the contractor must follow the most recent version of the Biological Procedures and Protocols for Researchers and Managers Handling Pallid Sturgeon. For pallid sturgeon, IDNR is not required to obtain this permit. However, any non-State of Iowa organization would be required to obtain this permit, including endangered species permits from USFWS (USFWS Section 10 Endangered Species Permit) for federally listed pallid sturgeon. The State collector's permits are issued at the sole discretion of the IDNR. If the state determine that contracting this work with another organization does not meet their public trust responsibility or that it potentially hinders or harms recovery of a state or federally listed species, they have the authority to withhold the state permit. less than br greater than less than br greater than (3) The IDNR has unique knowledge of the Missouri River and tributaries encompassed by the MRRP which results in increased efficiency and data quality. As one of the experts in pallid biology and sampling technology, IDNR has been a partner in the development of the MRRP and has designed and conducted scientific evaluations on the Missouri River in conjunction with the multiple disciplines of the overall MRRP. In a proactive and collaborative manner, IDNR has participated less than br greater than with MRRP in workgroups and project Teams, and has developed and implemented a variety of monitoring and research projects on the Missouri River and tributaries including participation in the establishment of the Standard Operating Procedures for Fish Sampling and Data Collection on the Missouri River and the Pallid Sturgeon Population Assessment Program (PSPAP). The IDNR worked under contracts with the Corps from 2005 through 2008 on an off-channel fish monitoring contract that utilized the Standard Operating Procedures for fish monitoring and data collection developed under the MRRP. The PSPAP and other MRRP fishery studies rely on data consistency, quality, and integrity from year to year in order to detect changes in trends over time. Due to the uniqueness of this Scope of Work, the required permits, the sampling requirements,and given that the IDNR has worked on related projects between 2005 and 2008 that utilized the established MRRP standard less than br greater than operating procedures and protocols, they already possess the required expertise and the full range of equipment necessary to perform the work. Contracting directly to IDNR would eliminate the initial start-up costs that most other contractors would have to incur. Other contractors would have to familiarize themselves with the established procedures and purchase all required equipment, which would result in additional cost to the government and most likely compromise the data quality and consistency of these long-term data sets. Based on a combination of present and pro-rated costs (from past government estimates), start-up equipment expenditures for the PSPAP would total approximately $100,000. To maintain consistency, continuity, and data integrity, it is in the government's best interest to continue to utilize the IDNR for fishery work in Kansas/Iowa. less than br greater than less than br greater than (4) As a result of the specialized expertise and experience with the Missouri River and its programs and the continuity and efficiencies that IDNR provides, it is the most qualified entity to conduct all components and tasks identified in the Scope of Work. It is also most advantageous to the government to procure this work via sole source contract with the IDNR as it is the most cost-effective option to accomplish this work while maximizing continuity and data quality-this ensures the data and resultant analyses are available to guide management decisions into the less than br greater than future. Finally, because IDNR is the best option for accomplishing the Tasks included in the Scope of Work, it provides the Corps with the best opportunity to effectively meet requirements in the 2000 BiOp,as amended; fulfilling these requirements is necessary for the continued operation of the Missouri River Main Stem Reservoir System and allows the Corps to meet all eight Congressionally authorized purposes, including compliance with the Endangered Species Act. less than br greater than less than br greater than (5)These pallid sturgeon recovery services are mandated by USFWS who has authority primarily under the Endangered Species Act of 1973. as Amended which can be reviewed at the following internet Link:http://www.nmfs.noaa.gov/pr/pdfs/laws/esa.pdf. The aforementioned BiOp is the less than br greater than document that outlines the Reasonable and Prudent Alternatives (RPA)that USAGE must follow to ensure continued USAGE operations on the Missouri River and the Missouri River Main Stem Dams does not jeopardize the continued existence of the endangered pallid sturgeon. This recovery work is conducted under a Federal and State interagency cooperation through the Memorandum of Understanding for Upper Basin Pallid Sturgeon Recovery Implementation. The Code of Federal Regulations (CFR), less than br greater than Title 50: Wildlife and Fisheries. Part 402 Interagency Cooperation- Endangered Species Act of 1973. as Amended, located at internet link http://www.access.gpo.gov/nara/cfr/wais=id=x 08/50cfr40208.html, requires Federal Agencies to work together to carry out conservation programs for listed species. In addition to adhering to the Endangered Species Act, Federal Agencies must work together to carry out procedures required by other statutes such as the National Environmental Policy Act (NEPA), located at internet link less than br greater than http:l/planning.usace.army.mil/toolbox/library/Guidance/96-PS-3., and the Fish and Wildlife Coordination Action (FWCA), located at internet link less than br greater than http://planning.usace.army.mil/toolbox/library/Guidance/96-PS-3.pdf. State Fish and Wildlife Agencies along the Missouri River also have a mandate and mission to conserve and restore fish species which requires coordination with USFWS and adherence to the aforementioned statues. Therefore, because both Federal and State agencies are required to carry out these programs, they work in a coordinated, consolidated manner in order to share resources and data; avoid duplication less than br greater than of work and avoid unnecessary monetary burden to taxpayers. This interagency cooperation is the most efficient and cost effective way for all agencies to meet their conservation and recovery responsibilities and ensure consistent and reliable data. less than br greater than less than br greater than (6) The IDNR has been conducting work on the Pallid Sturgeon Recovery Program since 2005. IDNR has the appropriate infrastructure in place (dedicated office, laboratory, shop and storage facilities). They possess the equipment to complete large river aquatic investigations, vehicles, boats, sampling gear, computers and laboratory equipment.IDNR staff are participants in the following inter-jurisdictional programs: Missouri River Fish and Wildlife Mitigation Program less than br greater than Monitoring and Evaluation Fish Technical Team; Missouri River Ecosystem Restoration Program Technical Team; Missouri River Natural Resource Committee and BiOP Forum Conference; and Mississippi Interstate Cooperative Resource Association Basin wide Paddlefish Stock Assessment. less than br greater than less than br greater than (7) No other sources can conduct this work at this cost and provide the data quality essential to addressing the project objectives, as discussed within this document. Other contractors would have to familiarize themselves with the established procedures and purchase all required equipment which would result in additional cost to the government and most likely compromise the data quality and consistency of these long-term data sets. Based on a combination of present and less than br greater than pro-rated costs, from past government estimates, start-up equipment expenditures for the PSPAP would total approximately $100,000. This infrastructure is already in place and has been a product of support and commitment from the USAGE, the USFWS and the IDNR. The IDNR is not involved with contracting for this work to outside sources. It is in the best value to the government to procure this work via sole source contract with IDNR, as it is the most cost effective option to accomplish this work while maximizing consistency, continuity, and data integrity to ensure the resultant information is available to guide management decisions into the future. less than br greater than less than br greater than c. Impact: Failure to successfully carry out the mandated USFWS BiOp RPAs to ensure the continued existence of the endangered pallid sturgeon will result in noncompliance of Federal law, which could expose USAGE to lawsuits for noncompliance with the USFWS BiOp and could ultimately result in federally imposed changes to how USAGE operates the Missouri River and Missouri River Main Stem less than br greater than Dams. The Missouri River Operations and Missouri River Main Stem Dam Operations Projects and Programs support Flood Control, Navigation, Hydropower, Water less than br greater than less than br greater than Supply, Water Quality,Fish and Wildlife,Irrigation and Recreation. Any federally imposed changes to how USACE operates the Missouri River and Missouri River Main Stem Dam could disrupt and potentially negatively impact a wide variety of projects and programs far beyond just the MRRP. Success of the Pallid Sturgeon Population Monitoring and Assessment effort would fail simply due to the fact that no entities other than IDNR possess the combination of infrastructure and expertise to study and monitor juvenile and adult pallid sturgeon populations in the lower Missouri River. Each service and even tasks within the services have a statistical component which determines their success. A contractor that doesn't have the experience and familiarity with the sampling protocols will not be able to collect the data in a consistent fashion with the level of quality to enable the statistical analysis to draw the biological conclusions and therefore, the effort will not withstand the scientific review processes indicating that the findings are valid. The IDNR has less than br greater than been partners with USACE and other agencies in developing the SOPs and methods for fish population monitoring and data collection techniques. All the methods to conduct the work have been mastered. Geographic challenges have been overcome with landowner contacts and state development of several access sites. The specific technical skills mastered include knowledge of the river, meeting protocol requirements, safe boating skills, and use of all the required sampling gear to less than br greater than conduct the requested monitoring including trammel nets, gill nets, mini-fyke nets, hoop nets,seines, trot lines, push trawl boat, otter trawl boat, various water quality monitoring devices, physical habitat sampling and monitoring equipment, tag detection equipment to identify hatchery vs. wild pallid sturgeon. less than br greater than less than br greater than d. Alternatives: The following alternatives were discussed and determined not possible for the stated reasons: less than br greater than less than br greater than (1) Suspend operations- Not a viable alternative. The propagation, assessment, and research components are all key elements to the recovery of the pallid sturgeon. If these activities cease, USACE will be in non compliance with the USFWS BiOP, whi...