A16_JOFOC_Over150k_YOSE_254396.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over $150,000 (FAR 6.3032) YOSE 243386 Big Oak Flat Tunnel Power Line Repairs

1. Identification of the Agency and the Contracting Activity:

Department of the Interior National Park Service, Denver Service Center

2. Nature and/or Description of the Action Being Approved:

Big Oak Flat Tunnel Power Line Repairs Yosemite National Park

3. A Description of the Supplies or Services Required to Meet the Agency’s Needs, Including the Estimated Value:

This project provides for the repair of the electric power distribution line serving the Big Oak Flat Tunnel #3 in Yosemite National Park. Last August, the line was damaged during the Ferguson Fire and NPS was required to de-energize the line. Approximately four wood poles were damaged during the fire, either burned or knocked down by falling trees. There is also associated damage to conductors, crossbars, insulators, and other appurtenances. Currently, this tunnel is 2,300 feet long and provides access to Yosemite Valley from communities north and east of the Park with approximately 5,000 vehicles per day passing through the tunnel.

Visibility is very limited for all the residents, visitors and staff passing thru the tunnel each day and therefore it is a safety concern.

The electric power distribution line is an existing 12KV overhead power line that consists of two conductors (each 2,280 lineal feet long) that are supported by 14 power poles (thirteen wood power poles and one steel power pole with a single cross bar support) which provide power to the Big Oak Flat Tunnel. The poles are of varied height but range from a minimum of 30 feet to a maximum of 45 feet. Work includes removal of the existing power poles that are damaged, replacing damaged wood power poles with similar type, size, and length of the existing poles, replacing the cross-arms and insulators, replacing damaged conductor segments and reconnecting onto the new power poles. All repairs shall be completed in accordance with the California Public Utilities Commission General Order 95, Rules for Overhead Electric Line Construction. The terrain is extremely steep and rocky.

The independent government estimate is $499,895.

4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

FAR 6.302-2, Unusual and Compelling Urgency 41 U.S.C. 3304(a)(2)

5. A Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited:

Because the Big Oak Flat Tunnel supports the communities of Foresta within the Park and multiple communities just north of the Park, it was reopened as soon as the threat of fire was eliminated. However, since the reopening of the Big Oak Flat Road, the Park has received numerous complaints of close-calls inside this tunnel due to the lack of lighting. Some visitors and employees complain that during the day their automatic vehicle lights do not come on for approximately 1/4 to 1/3 the way thru the tunnel, likening it to driving thru a tunnel with a blindfold on. The park has installed temporary signs at each end of the tunnel informing residents, employees and visitors that the lights are out in the tunnel; however, this has not relieved the safety concerns nor the complaints received from the traveling public.

The Park continues to receive complaints of close-calls due to not being able to see the centerline as they approach another vehicle in the tunnel. As expressed by one guest, it is just a matter of time before an accident occurs inside this tunnel due to the darkness and no lights.

Given the high traffic volume thru this tunnel, it is imperative that this power line gets repaired as soon as possible so everyone can travel safely thru the tunnel. The lack of lights in the tunnel has created unsafe driving conditions for park visitors, residents, and employees.

The risk of a head-on collision inside the tunnel is extremely high. Therefore, it is urgent the park proceed as soon as possible with these emergency repairs to reduce the risk of accidents, injuries, and/or fatalities.

In order to allow for the completion of work prior to high visitation and the increase of traffic volumes in late May, award of this action must be completed by the middle of April. In the past months since the incident, an enormous effort has been under way to assess the existing lines, complete the required environmental assessment and compliance approvals, and establish funding commitments. Completion of the necessary specifications and drawings has been completed in order to solicit construction contractors for the power line repair.

Failure to repair the power line and restore lighting to the tunnel as soon as possible will result in life safety hazards to the visitors and significantly increase the potential of serious accident or injury, all of which may result in additional monetary damages to the NPS.

6. A Description of Efforts Made to Ensure That Offers Are Solicited From as Many Potential Sources as is Practicable, Including Whether a Notice Was or Will Be Publicized as Required by FAR Subpart 5.2 and, If Not, Which Exception Under FAR 5.202 Applies:

In accordance with FAR 5.202(a)(2), a synopsis will not be publicized for the proposed contract action under unusual and compelling urgency. Market research was conducted to identify potential firms in the California area with experience similar to that required for this project.

Use of local firms will allow for faster mobilization following award as their labor and equipment resources will already be in the project vicinity. In addition, these local firms will have vital knowledge of the resources available in the area to support this project and have an existing established network of suppliers and vendors they have worked with in the past.

Limiting the competition to these local firms will also reduce the procurement time necessary to evaluate offers and make award, enabling the awardee to have as much time as practicable for the necessary preconstruction coordination and logistics activities.

7. A Determination By the Contracting Officer That the Anticipated Cost to the Government Will Be Fair and Reasonable:

A limited source competitive action will be used to solicit proposals and select the best value proposal in order to provide competitive market pricing and ensure fair and reasonable pricing is obtained.

8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a Statement of the Reason Market Research Was Not Conducted:

The Park has identified three local high voltage utility contractors. Two of the three companies are small businesses, National High Voltage Services and Big Valley Electric, and one is a large business, Hot Line Construction. Each firm is uniquely qualified to accomplish these high voltage repairs, possessing the necessary experienced personnel and equipment and having completed multiple other projects of similar type and capacity.

Each firm has the necessary experience working in very rugged terrain where material and equipment requires flight operations to complete the repairs safely. And, having worked in Yosemite National Park, they are familiar with this type of high elevation with variable weather work as well as the unique flight control requirements needed to run aviation support in Yosemite National Park, especially in terms of minimizing environmental impacts and impacts to visitors who use these areas each day.

In addition to the source lists from construction acquisitions in the past five years and knowledge of Park personnel of firms in the surrounding area, a review of the market was also conducted through use of the Small Business Dynamic Search website. Based on this research, one additional potential small business was identified, T W Power Line Construction. Additional firms will continue to be identified prior to release of the solicitation.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see

FAR 6.303-2 (9) (i) – (iii) for some examples):

Failure to restore the power and tunnel lighting before the height of visitation traffic will likely result in significant potential risk to the public, residents, and Park staff who must traverse this tunnel, including bodily injury or loss of life resulting from vehicular collision.

10. A Listing of the Sources, If Any, That Expressed in Writing, an Interest in the Acquisition:

None.

11. A Statement of the Actions, If Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for the Supplies or Services Required:

The repair of the power line and restoration of power to the tunnel is a one-time procurement. Subsequent acquisitions are not expected for this work and there should not be any future barriers to competition required again for Yosemite National Park for the completion of these emergency safety powerline repairs.

12. Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Signature) (Date) 2/25/19

Michael Pieper Project Manager

I certify that the justification is accurate and complete to the best of my knowledge and belief:

(Signature) (Date)

Sharon Miner Contracting Officer

Reviewed for Legal Sufficiency by Solicitor’s Office (over $500,000 or as requested):

(Signature) N/A (Date) Attorney-Advisor

Reviewed/Concur/Approved by:

(Signature) (Date)

Lori Irish Denver Service Center Chief of Contracting

Approved by:

(Signature) N/A (Date) Bureau Competition Advocate