Mitigation Implementation for ARRA/Maintenance Activities and 2003 Biological Opinion

Umbrella No-Cost Interagency Agreement (IA) IBM11A0022 with the US Fish & Wildlife Service (US F&WS) for implementation of the American Recovery and Reinvestment Act (ARRA)/Maintenance Activities and formalized commitment for mitigation measures in the Record of Decision (ROD) signed by Commissioner Duran on February, 2004. Two Individual Work Orders (IWOs) IBM11W0030 and IBM110031 will be firm fixed-price orders complete with statements of work. The total estimated value of the proposed actions is between $1,000,000.00 and $5,000,000.00. Name of Proposed Contractor: US Department of the Interior (US DOI), US Fish & Wildlife Service (US F&WS) Street Address: 4401 N Fairfax Drive, Suite 212 City, State, Zip: Arlington, VA 22203-1622 Phone: (361) 994-9005 Dr. Larisa Ford, US F&WS Ecological Services, Corpus Christi Office The contemplated IA is at no cost and establishes the terms and conditions. The IA implements the 2003 Biological Opinion, which contains stipulations to ensure the environmental commitments of USIBWC were not met in a timely manner. The commitments that were not met includes: for USIBWC to hold regular progress reports and the formation of a coordination workgroup with representatives from USIBWC, USFWS, Cameron County, Hidalgo County, and Willacy County, Texas Parks and Wildlife Department (TPWD), and LRGV Water Committee and Program. The group was to work to obtain easements for the wildlife travel corridor and monitor the progress of implementing commitments under the BO. The Continued Maintenance (No Action) Alternative is the basis for the formalized commitment measures in the Record of Decision (ROD) signed by Commissioner Duran on February, 2004. The USIBWC, as the lead federal agency was required to implement mitigate in response to activities that may impact federally endangered species. The IA and subsequent IWO's allow the USIBWC to begin the necessary regulatory actions for implementing measures. The execution of the IWO's formalizes the implementation strategy for acquiring tracts of property to restore the cat corridor while meeting the regulatory requirements under the Endangered Species Act. The US F&WS supports the USIBWC's interest in improving fish and wildlife and river ecosystem function in the RGCP. The US F&WS recognizes the benefits of the USIBWC mission but must protect federally endangered species as found within the cat corridor. The Endangered Species Act 15 U.S.C. - 1531 et seq. (1973) requires federal agencies in consultation with US F&WS, to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction nor adverse modification of designated critical habitat for such species. The USIBWC recognizes the local expertise of the US F&WS along the Rio Grande with similar projects to be performed. The US F&WS is a federal agency within the Department of Interior with major responsibilities for migratory birds, endangered species, certain marine mammals and fish. The agency's mission is "working with others, to conserve, protect and enhance fish, wildlife and plants and their habitats for the continuing benefit of the American people...." It is not economically feasible to conduct a public/private competition for the contemplated services due to economy of scale. The US F&WS is already conducting similar work with other federal agencies such as the department of Homeland Security and the work will appropriately be made under existing US F&WS personnel and resources to meet the USIBWC requirements for the same or similar supplies or services, in accordance with FAR 17.502-2(c)(2)(i). The US F&WS implemented similar measures to Department of Homeland security for impacts to the same cat corridor and the Endangered Species that USIBWC is mitigating. The cat corridor has been impacted by many other agencies but due to the specifics associated to violations, mitigations and Biological Opinions written to other federal agencies a third party such as USIBWC cannot attain specific information associated to the similar work. The notices required by FAR part 5.201 will be published as required and any bids, proposals, quotations, or capability statements will be considered. However, the award of an Interagency Agreement (IA) and Individual Work Orders (IWOs) will proceed. It is anticipated that no other sources will express an interest. By working solely with another federal agency, the same agency in which has the inherent knowledge of the Endangered Species and its habitat assist USIBWC tremendously in focusing specifically in the protection of the species. Mechanisms have already been established by US F&WS for implementation of restoration measures in the Lower Rio Grande and surrounding cat corridor. Market research was not conducted due to the constraints imposed by the Biological Opinion and 2003 ROD implementation requirements. The benefits of utilizing the US F&WS for implementation of pilot projects is cost effective considering that they are continuously mitigate for similar actions. Experience and on the ground knowledge is unique to this area make them highly qualified to meet the USIBWC expectations.