06. FAR 8 JA 44-10-25 signed final.pdf

Limited Sources Justification United States Department of Agriculture

FAR 8.405 Federal Supply Schedules Multiple Award Schedule Program

1. I dentification of the agency and the contracting activity.

Forest Service, Chattahoochee-Oconee National Forest

2. Th e nature and/or description of the action being approved.

The Forest Service proposes to issue a Sole Source Federal Supply Schedule (FSS) order on a firm fixed-price basis with GSI.

3. A description of the supplies or services required to meet the agency’s needs (including the e estimated value).

Soil nailing to repair Landslide stabilization on the Chattahoochee River Slide of FSR 44 miles-10.25.

4. Th e authority and supporting rationale.

FAR 8.405-6(a) (1) (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

5. A determination by the ordering activity Contracting Officer (CO) that the order represents the b est value consistent with FAR 8.404(d).

The contractor shall use the soil nailing technology to repair one slide in Chattahoochee River slide of FSR-44 miles post 10.25. The process to stabilize the slides affecting the roadway will require the driving of nails and bolts into the slopes along with mesh to stabilize the side slopes. Launched soil nails are a unique remedial technology in the geotechnical construction industry. GSI has specific experience and expertise with the types needed repairs outlined in technical requirements.

GSI has GSA schedule contract under the GSA SIN 563 8, Erosion Control Fabric & Gabions and SIN 563-97, Ancillary Repair & Alterations for Building Materials Solutions which includes permanent turf reinforcement mats, high capacity steel mesh and steel plate, PVC horizontal drains, stripdrains, soil nails, micropiles, shotcrete, and other such erosion and stabilization items designed to address the exact repair work defined in the Statement of Work.

GSI have worked with many Federal Agencies including Nation Park Service, U.S. Army Corps of Engineers, and the Naval Facilities Engineering Command to complete similar projects. Using an experienced GSI gives the Government confidence the contractor will meet this requirement in a way that mitigates cost, schedule, and performance risks by using past experience and lessons learned combined with an understanding of how to launch soil nails technical aspects of implementation.

Therefore, GSI’s great deal of experience and technical capability gives the Forest Service‘s confidence the project will be executed in a timely manner and effective manner according to the technical requirements and specifications.

6. A description of the market research conducted among schedule holders and the results or a s tatement of the reason market research was not conducted.

Sufficient market research was performed in accordance with FAR Part 10. The Forest Service utilized Dynamic Small Business Management, FBO, past contract history, industry day, review of existing industry base, and the analysis of the potential industry base technique. The sources sought notice was posted by the contract specialist on August, 2019 on FBO and GSA ebuy to understand the industry best practices and technical solutions capable of providing the full range of technical requirements defined in technical requirements. The sources sought synopsis indicated that the Forest Service was seeking industry responses to assist in the determination of a procurement strategy for this acquisition.

The Forest Service conducted external market research to look for useful information about capabilities and limitation in the soil nailing geotechnical marketplace. However, the Forest Service identified only Geostabilization International, LLC capable of performing this requirement.

Additionally, the contract specialist issued the another Sources Sought Notice on beta.sam.gov and GSAebuy for market research purpose on June 2, 2020 to determine whether there were experienced contractors in soil nailing marketplace who can provide stabilization with types of needed repair the slides on the Chattahoochee-Oconee National Forests. External market research was used to better understand the actual and potential capabilities of contractors.

The contracting office received two technical capability statements in response to the second Source Sought Notice. However, the Forest Service identified only GSI capable of meeting the government’s needs.

The government engineer reviewed capability statements obtained in response to the sources sought notice to ascertain contractor’s ability to perform the required tasks of this procurement, as well as their experience in relation to the technical requirements described in the SOW. After careful review, the government engineer and the contracting office determined that only GSI capable of performing the technical requirements based on their experience and technical capability. It is in the best interest of the Government to meet and exceed the Forest Service’s mission’s goals in a timely manner.

Therefore, based on the above findings, the Contracting Officer has determined that there is no reasonable expectation that acceptable offers will be obtained from at least three contractors that can fulfill the requirements. In addition, the Forest Service determined that no additional contractors capable of fulfilling the requirement could be identified despite reasonable efforts to do so in accordance with the FAR Part 8.405-1(d)(3)(ii).

Also, in 2019 and 2020, the Government engineer completed a web search and requested information from five (5) prospective firms which from their website indicated that they might do the same work or technically similar. Only (1) firm replied and stated they were a supplier of materials. This company provided an additional two companies to contact, Hitson Construction and Lesley Britton. Only Hitson Construction responded and stated that they didn’t do the type of work the Forest was seeking, Hitson only used helical nails which were not appropriate for the type of terrain in which the projects were located. Mr. Hitson referred the forest to GSI stating they could complete the type of work the Forest was needing.

Market research concluded there is no reasonable expectation that offers will be obtained from at least three responsible contractors and award can be made at fair market price.

7. A ny facts supporting the justification.

D W Byrd Digitally signed by D W Byrd Date: 2020.07.27 15:12:22 -04'00'

GSI has performed numerous projects where soil stabilization has been required on existing roadbeds, not just on construction of bridge foundations or other roadways appurtenances. GSI’s work experience includes working on roads in remote locations where the slides may consist of organic soil and rock with soil lens which require stabilization. They have performed work on National Forest System roads in Region 8 and other regions within the Forest Service.

8. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

Soil nailing technology is innovative retaining structure and slope stabilization technology.

Over the past few decades, several new technologies have evolved into mainstream civil and geotechnical engineering solutions.

Fill slope and earth retention structure failures along impoundments, roads, railways, pipeline, and trails are common and frequently extremely challenging issues. Launched soil nails are a unique remedial technology in the geotechnical construction toolbox. The nails reinforce an unstable or potentially unstable soil mass by transferring the nail’s tensile and shear capability into the surrounding soil.

Launched nails has proven to provide a fast, cost effective method which can be engineered and designed to provide innovative retaining structure and slope stabilization on the Chattahoochee-Oconee National Forests. The Forest Service does not anticipate adequate competition until more potential contractors have developed soil nailing technical capability and abilities to meet the Forest Service’s needs.

Technical Certification

Supporting data which form the basis for and included in this justification are certified accurate and complete.

Deborah Byrd Roads and Dams Engineer

Approval

Based on the foregoing justification, I hereby approve the procurement of Soil nailing to repair Landslide stabilization on the Chattahoochee River Slide of FSR 44 miles-10.25 on an other than full and open competition basis pursuant to the authority of FAR 8.405-6(a)(1)(B), only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized, and provided that the property herein described have otherwise been authorized for acquisition.

Eduardo Savory Contracting Officer