JOTFOC_Under_SAT_1.pdf

Last updated 6/2/2016

ATTACHMENT 2

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER THE MICROPURCHASE THRESHOLD (See FAR

Part 2) UP TO SAT (See FAR 13.106-1)

Date: 06/14/2023 PR Number: 40605283

1. Nature and/or description of the item/service being procured and its intended use (include the anticipated cost):

Emergency jetting of the DEVA sewer system and emergency repairs to components of the sewer system.

Anticipated cost is $240K

2. Sole Source Justification rationale (Check one and explain below):

______ Only one responsible source.

___X___ Urgent and compelling circumstances exist. Include critical delivery or performance dates, and when you became aware of the requirement. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met.

______ Other _____________________________________________________

Explain: The DEVA sewer system has had numerous emergency blockages combined with debris intrusion and excessive root growth, all of which are attributed to monsoonal storm events. The result has been overland sewage flows from blockages, pumping and trucking sewage to prevent further spills, and inability to operate sewage systems when under emergency conditions.

Periods of heavy rainfall caused by multiple atmospheric rivers in California between December 31, 2022 and March 25, 2023 resulted in floods that affected parts of Southern California, the California Central Coast, Northern California, and Nevada. The flooding resulted in property damage and at least 22 fatalities. Death Valley National Park received a substantial amount of flash flooding from multiple atmospheric river events through this period. These events caused sediment erosion to occur that inundated our sanitary sewer collection system with sand and rock debris.

On January 14, 2023, President Biden declared that a major disaster existed in the State of California and ordered Federal aid to supplement State, tribal, and local recovery efforts in the areas affected by severe winter storms, flooding, landslides, and mudslides beginning on December 27, 2022, and continuing.

Without urgent action, the park is at eminent risk of having an overland sewage flow, which would pose a hazard to human health and damage to park natural resources. The risk is heightened as time passes for several reasons:

- During blockages, Cow Creek sewage is currently flowing into an abandoned-in-place septic tank, which is serving as a collection basin to hold the sewage between pumping operations. The condition of the abandoned septic tank has never been assessed. Discharge from the abandoned septic tank is not permitted.

- The potential for equipment failure exists, and there is absolutely no redundancy in control of the sewage. The park has no way to connect emergency generators to the lift stations.

- The sewage system is also critical for the production of potable water for all of the water systems in the park due to the fact that the park water plants are reverse-osmosis type system. The water plants produce approximately 2 gallons of sewage for every gallon of treated water that is produced.

- Repeated sediment blockages from storm events have caused either sewer outages or overland sewage flows resulting in regulator violations.

- Recent video inspection of sewage pipes (within the past 3 days) has shown a large amount of sediment in the sewer pipes.

- Recent A/E investigation has discovered that the Coyote Loop lift station and force main are unable to be further investigated due to installed configuration.

- Recent power outage responses have identified that both Coyote Loop Lift Station and Cow Creek Lift Station cannot be safely connected to emergency power because of transfer switch failures.

Given the nature of the needed work with the community sewer collection system, the park could very likely suffer catastrophic consequences if this service is not urgently completed before the next season of storms. It is anticipated that the next season of storms will come in July which is only a few weeks away, but rainstorms at Death Valley are unpredictable and can happen at any time, therefore it is imperative to procure this service urgently. Urgent and compelling requirements are exempt from issuance of a synopsis which will save the government valuable time and allows the CO to reasonably limit their sources in order to act immediately. This procurement flexibility mitigates the likely chance of failure to DEVA’s sewage system when the next storm comes.

3. Market Research. Please explain the results or why one was not performed. State whether any other offers were received, or anyone expressed interest:

Brief market research was performed by performing searches on the SBA Dynamic Small Business Search engine, reviewing past contracts for emergency services to park utility systems, and identifying contractors who regularly work both in the park and in other communities of the California and Nevada.

One firm, Roundhouse PBN expressed interest in providing the necessary services. A second firm may also be interested, Copper Mountain Services and the market research conclusion recommended a firm-fixed price contract with either Roundhouse PBN or Copper Mountain Services. Roundhouse is currently working in the park, and both have capacity to complete the work of the SOW. No other firms were identified who are local and have immediate response capability.

ATTACHMENT 2

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER $3,000 ($2,000/$2500 for Construction/Services AND UP

TO $150,000

(See FAR 13.106-1)

PR Number 40605283

4. If this is a determination for sole source, the contracting officer certifies:

a. Two sources are available and an urgent and compelling circumstance exists.

b. The anticipated price will be determined fair and reasonable using the price analysis techniques described in FAR Part 13.106-3(a).

(Signature) _______________________________________ (Date)__________________________

Type or Print Name: Charles Thompson Title: Chief of Maintenance, Death Valley National Park

(Signature) _______________________________________ (Date) ___________________________

Type or Print Name: Michelle Bennett Title: Contracting Officer

Over $50,000:(if applicable)

(Signature) ______ _________________________________ (Date) __________________

Warranted Individual 1 Level Above Contracting Officer: Maria Stubitz Title: Supervisory Contract Specialist

MICHELLE

BENNETT

Digitally signed by MICHELLE

BENNETT

Date: 2023.06.16 09:36:45 -07'00'

CHARLES THOMPSON

Digitally signed by CHARLES THOMPSON DN: c=US, o=U.S. Government, ou=Department of the Interior, ou=National Park Service, cn=CHARLES THOMPSON, 0.9.2342.19200300.100.1.1=14001004363742 Date: 2023.06.19 19:33:24 -07'00'