Justification_and_Approval_for_140P8319P0016.docx

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION FOR SIMPLIFIED ACQUISITIONS OVER $10,000 ($2,000/$2500 for Construction/Services) and up to $250,000 (See FAR 13.106-1)

Date: February 8, 2019 Purchase Request (Requisition) Number: 0040429333

1. NATURE AND/OR DESCRIPTION OF THE ITEM/SERVICE BEING PROCURED AND ITS INTENDED USE (INCLUDE THE ANTICIPATED COST): Contractor to immediately supply, deliver, and place 4 and 5 man rock and heavy-loose riprap to provide bank stabilization along two sections of the Mora Road within Olympic National Park (OLYM). Heavy winter rains have increased flows in the Quileute River which flows immediately adjacent and mostly parallel to the Mora Road. High water caused two sections of the river bank to slough. The riverbank eroded to the fog line and in one area has actually undercut the road.

Total cost of the project is broken down into two parts: (1) $184,000 for the purchase of the rock including delivery to Mora Road (commercial item supply), and (2) $9,000 for the placement of the rock (commercial item service). Total cost is $193,000, considered fair and reasonable based upon comparison of unit prices quoted to recent prices paid for same material (different quantity and different delivery location).

2. SOLE SOURCE JUSTIFICATION RATIONALE: Urgent and Compelling circumstances exist, in accordance with FAR 6.302-1.

EXPLAIN (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). Recent heavy winter rains raised flows in the Quileute River and caused significant erosion and sluffing of the river bank adjacent to the Mora Road inside the park. This loss of the road bank material has encroached on the road prism, and in one location the road is actually undermined. That damage, discovered the first week of February 2019, resulted in the closure of one lane. Without being able to hire a contractor to quickly provide and place the rock needed to armor two sections of the road bank as protective mitigation, the road would wash out entirely in those areas causing a much more costly repair scenario. It is critical that a contractor mobilize to the road bank sites as soon as possible to begin placing rock. Repair needed to begin mid-February and be completed by March 1, 2019 to prevent permanent damage to the road or requires its closure. In Addition, the US Army Corps of Engineers (USACE) is currently engaged in repair of nearby jetty. Mora Road is utilized to access their project site. No alternate route is feasible. The jetty protects the community of La Push, WA. Consequently, failure would have jeopardized the La Push jetty project and could likely have prevented USACE from being able to complete their repairs.

Because of the urgency in needing to secure a contractor as soon as possible, it was necessary to restrict competition to a limited pool of known contractors. Competition was restricted to the three contractors that Olympic National Park has awarded Blanket Purchase Agreements (BPA) for supplying various sizes of rock to the park, via competitive BPA Calls. All three contractors are small businesses, capable of supplying the material requested from pits/quarries inspected by county or state (certified weed-free), and capable of starting work on-site within a few days of notice of award (starting by 2/12/19).

It was not possible to compete this procurement as a BPA Call under the existing BPA’s because the total cost exceeded the BPA Call limit, and the BPA is solely for purchase and delivery of rock with no labor/service component. Therefore, it was necessary that this requirement be competed and awarded separately from the BPA’s.

OLYM requires certified weed-free material. OLYM staff would not have had enough time to make a site visit to physically inspect any new source’s pit/quarry prior to when work needed to commence.

3. MARKET RESEARCH. PLEASE EXPLAIN THE RESULTS OR WHY ONE WAS NOT PERFORMED. STATE WHETHER ANY OTHER OFFERS WERE RECEIVED OR ANYONE EXPRESSED INTEREST: Quotes were requested only from the three current BPA holders for Olympic National Park that supply various sizes of rock via competitive BPA Calls. No other local businesses were contacted. Two quotes were received, determined to be adequate competition in a small business set-aside.

4. IF THIS IS A DETERMINATION FOR SOLE SOURCE, THE CONTRACTING OFFICER CERTIFIES:

(a) Only one source is available, or urgent and compelling circumstances exist.

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

Approved by Skip Willoughby, Roads Supervisor, Olympic National Park (signed 2/15/19)

Review and Concurrence by Contracting Officer: Approved by Phaedra Fuller, Contracting Officer, Olympic National Park (signed 2/15/19)

Review and Concurrence required for justifications over $150,000: Approved by Frank Powers, National Park Service Pacific West Regional Chief of Contracting (signed 2/19/19)