Prosser Hatchery Sole Source Presolicitation Notice

What the notice says

Presolicitation Notice to Single Source Solicitation Number: W9127N27Q1CTI Agency: Department of the Army Office: U.S. Army Corps of Engineers Location: USACE District, Portland Classification Code: F022 – Natural Resources/Conservation—Fish Hatchery NAICS Code: 112511 - Finfish Farming and Fish Hatcheries Notice Type: Presolicitation Notice Synopsis: This is a special notice prepared in accordance with Revolutionary Federal Acquisition Regulation Overhaul (RFO FAR) 5.101 “Presolicitation Notice” The U.S. Army Corps of Engineers (USACE) Portland District (NWP) intends to negotiate/award a sole source contract with the Confederated Tribes and Bands of the Yakama Nation (Yakama Nation). All requirements necessary will be provided for the annual acclimation and release of up to 1.1 million sub-yearling upriver bright (URB) fall Chinook juveniles (received from Little White Salmon Hatchery) and for an additional 210 thousand yearling URB fall Chinook juveniles (received from Bonneville Hatchery) at Prosser Hatchery; releases are expected to occur from May through June at 75 to 50 fish per pound and from March through April at 20 fish per pound, respectively. Additionally, Portland District will require Yakama Nation (YN) to supply 600,000 Upriver Bright (URB) Fall Chinook smolts (sourced entirely by Yakama Nation) to be released into the Yakima River from Prosser Hatchery at river mile 46.8; releases are expected to occur from May through June at fish sizes of 75 to 50 fish per pound. This fish production satisfies a portion of USACE’s mission in fulfilling mitigation obligations for The Dalles and John Day Dams. Pursuant to 10 U.S.C. § 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1 and the Defense Federal Acquisition Regulation (DFARS) 206.302-1, only one responsible source and no other vendor will satisfy agency requirements. In 2008, the National Marine Fisheries Service (NMFS) issued a revised Biological Opinion that concluded that the Federal Columbia River Power System jeopardizes the continued existence of various Endangered Species Act-listed anadromous fish in the Columbia River Basin. Jeopardy and adverse modification may be avoided by implementing reasonable and prudent alternatives (RPAs) composed of discrete actions covering, among other things, hatchery operations. RPA action number 40 calls for a review of the hatchery program associated with the mitigation for The Dalles and John Day Dams. After reviewing the program, USACE, among other agencies and organizations, ultimately arrived at a plan to move the hatchery operations into or above the exclusive Zone 6 Indian fishery to better meet mitigation objectives. Prosser Hatchery is situated just downstream of Prosser Dam at river kilometer 75 of the Yakima River. The Yakima River feeds into the Columbia River near Richland, Washington, above Zone 6. Prosser Hatchery possesses the appropriate water temperature, rearing pond space and availability during the required months to acclimate and release the subject fall Chinook juveniles into the Yakima River. No other acclimation and release facilities exist in, or near, the lower Yakima River that are 1) capable of acclimating these fish, and 2) not already in use by USACE for similar purposes. The underlying land, facilities and equipment at Prosser Hatchery are under the ownership of the Yakama Nation. Therefore, Yakama Nation has sole control and use of the facilities at Prosser Hatchery and does not permit other contractors to utilize these facilities. Regional fisheries experts from NMFS, USFWS and USACE agree that Prosser Hatchery is the only reasonable location to perform these specific rearing and release activities. The statutory authority for this non-competitive acquisition 10 U.S.C. § 3204(a)(1) as implemented by FRO FAR 6.103-1 and Defense Federal Acquisition Regulation Supplement (DFARS) 206.103-170, there is only one responsible source, and no other supplies or services will sati…