140P8323C0016__J_and_A_1.pdf

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over SAT (FAR 6.303-2)

PR Number 40634699

Last updated 6/2/2016

1. Identification of the Agency and the Contracting Activity:

DOI – NPS – PWR – Olympic MABO, Olympic National Park (OLYM)

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

This justification seeks approval for Olympic National Park (OLYM), Facility Management

Division to contract with Columbia Land Services Inc. (DKP4MJ39G517) to re-establish wastewater collection, treatment, and disposal services at the Hurricane Ridge Day Lodge area.

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

This project will allow OLYM to retain and expand visitor access to the Hurricane Ridge area during the winter months by providing a timely solution for restoring functionality of the permanent wastewater collection, treatment, and disposal system within 30 days of contract award and notice to proceed.

Deliverables will include:

a) A wastewater control panel to operate existing treatment and disposal systems.

b) Wastewater collection system extension with a connection point for future temporary restroom facilities.

c) All supporting trenching, electrical conduit, and electrical conductors required to re-establish wastewater collection, treatment, and disposal service for future temporary restroom facilities at Hurricane Ridge Day Lodge area.

d) Contract options to patch and repair asphalt where disturbed by trenching, installing potable water service line where proposed alignment shares a trench, and pulling/splicing government-furnished fiber optic cable.

Anticipated cost based upon the government estimate is $255K for base work items and

$47,948 for three optional items, project totaling $302,967.

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)

5. A Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

On May 7, 2023 a structural fire destroyed the Hurricane Ridge Day Lodge. All essential utility functions for the Hurricane Ridge area were significantly impacted because they routed through this structure, including the wastewater treatment and disposal control panel and secondary electrical service that powered it. Providing basic sanitary services, i.e. restroom facilities, has been deemed essential for Olympic National Park to allow visitation to the popular Hurricane Ridge area. Portable and pumpable sanitary toilets are being contracted for use during the warm and mild summer months until temperatures drop below freezing

(contract expires October 13, 2023), and the capacity of these sanitation facilities are currently the driver for capping and limiting daily visitation to Hurricane Ridge, where demand greatly exceeds capacity. Public pressure, including a protest parade (held in Port

Angeles on July 16, 2023), is highlighting the need to retain and even increase access to

Hurricane Ridge during the winter months. Re-establishing functionality of the permanent wastewater collection, treatment, and disposal system is essential to retaining or increasing visitor access to Hurricane Ridge. However, this work must be accomplished quickly before winter conditions, including freezing temperatures and snowfall (which can arrive as early as

October), limit construction activities.

This project is required to restore wastewater collection, treatment, and disposal service at

Hurricane Ridge to support the operation of temporary restrooms on a year-round basis, and specifically during winter months when extreme environmental conditions including freezing temperatures, significant snowfall, and strong winds prevent the use of portable and pumpable sanitary toilets. The structural fire that destroyed the Hurricane Ridge Day Lodge also destroyed the custom SJE Rhombus control panel that operated the wastewater treatment and disposal systems. This was a custom panel designed to operate duplex pumps that disperse treated septic effluent through solenoid valves that rotate through a 20-zone pressurized drainfield; there is no commercially available off-the-shelf alternative that provides this functionality. The lead time on acquiring a replacement control panel from SJE

Rhombus after placing the order is currently 31 weeks due to ongoing supply chain issues and labor shortages related to the PLC component of this control panel. Soliciting competition for offerors to furnish and install a new custom-ordered SJE Rhombus control panel would not result in a functioning wastewater system until April 2024 at the earliest. This would have zero impact on alleviating the current political pressure and demand for winter access to

Hurricane Ridge from October 2023 through April 2024.

Matt Storm, Pumps Project Manager with HD Fowler Company’s Pacific Branch was involved in the original design and supply of the custom SJE Rhombus control panel for the

Hurricane Ridge Visitor Center LOSS rehabilitation contract (140P8320C0003) awarded to

Orion Construction, Inc. in March 2020. In an email dated 8/1/2023, Matt confirmed that the

Hurricane Ridge Visitor Center LOSS had a 100% custom engineered control panel designed specifically for the treatment and disposal system installed at Hurricane Ridge, including a custom designed operating program. There is no commercially-available off-the-shelf control panel that will operate this 20-zone system. If the park were to place an order for an exact replacement, the lead time for the panel is currently 12 weeks, but the lead time for the PLC component of the panel is currently 217 days. Thus, if ordered now, the panel would not be available for installation until April 2024.

Columbia Land Services Inc. employes the Washington State Department of Health certified septic installer and electrician responsible for installing the original SJE Rhombus custom control panel for the Hurricane Ridge Visitor Center large onsite sewage system (LOSS).

Columbia Land Services Inc. currently has a spare SJE Rhombus 5-zone control panel originally ordered for a different project that can be installed with additional wiring and solenoid valves to operate the 20-zone Hurricane Ridge Visitor Center LOSS drainfield in less than 30 days after contract award and notice to proceed, per the construction scope of work and drawings for this project. Furnishing and installing this wastewater control panel and restoring functionality of the permanent LOSS components within 30 days is essential to allowing Hurricane Ridge visitation to continue from mid-October through April.

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:

Given the sole source justification rationale described above, this will be a non-competitive construction contract award to small business contractor Columbia Land Services, Inc. due to urgent and compelling circumstances. No other set-aside was considered because this is a sole source.

In accordance with FAR 6.305(a) and (b), this justification will be publicly posted in

SAM.gov within 14 days after contract award and remain posted for a minimum of 30 days.

7. A Determination By the contracting officer That the Anticipated Cost to the

Government Will Be Fair and Reasonable:

The IGE was prepared by Kerri Cook, Civil Engineer at OLYM, as an in-house estimate utilizing RS Means and other market research techniques to obtain current market data/pricing for materials and equipment, combined with labor rates based on Davis-Bacon wage rates for heavy construction including a Group 3 General Laborer, Group 3 Equipment

Operator, and Electrician. Lodging and per diem were included at the GSA rate for Port

Angeles, WA in September 2023 since the contractor’s main office is in Ravensdale, WA approximately 130 miles southeast of Port Angeles.

Kerri Cook has extensive experience in preparing government estimates and has a great understanding of what’s required for this project and will be appointed as the COR after award is made. While this is sole source and price analysis will be required, the government estimate can be relied upon as well as other market comparisons. The proposal or final proposal revision will be thoroughly evaluated to determine final price is documented as fair and reasonable.

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:

A market research report was completed. Columbia Land Services currently has a spare SJE

Rhombus control panel that is fully compatible and available to be installed with the

Hurricane Ridge wastewater system immediately (between September 6 – October 6, 2023).

There was recent acquisition history of other wastewater contracts solicited and awarded competitively as firm-fixed price construction contracts, small business set-aside at Olympic

National Park and Lewis & Clark National Historical Site, contracts 140P8322C0013 and

140P8322C0001. See market research report for full details.

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

FAR 6.302-2 (9) (i) – (iii) for some examples):

NOTE: FAR 6.302-2 contains paragraphs (a) through (d) only – there is no “(9) (i) – (iii)”.

Delay of contract award would be harmful to the government financially and otherwise since this procurement is to purchase necessary parts currently available that if competed would result in very long lead time for delivery that the project to restore the wastewater system wouldn’t be able to happen until snow melt in Spring 2024 as opposed to buying readily available parts that can be installed during September 2023.

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

Acquisition:

No sources expressed interest. Columbia Land Services In. is currently registered in

SAM.gov (not expired) with no active or inactive exclusions, and is shown as a small business meeting the SBA’s small business size standard of $35M for NAICS code of

221320, “Sewage Treatment Facilities.” This contractor and has done good work as a subcontractor on previous wastewater collection, treatment, and disposal sewer system related contracts for OLYM.

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:

If this wasn’t an urgent and compelling requirement, it could be competed if OLYM had the ability to adapt to long delivery lead times and waiting for snowmelt in Spring 2024 for work to begin. The point of the project is to have wastewater systems restored for winter operations and before snowfall in Fall 2023.

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:

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

(Signature) _______________________________________

(Type or Print Name): Phaedra Fuller

(Title): Contracting Officer, OLYM MABO

Reviewed/Concur/Approved by: (if applicable)

(Signature) _______________________________________

(Type or Print Name): Lilette Baltodano

(Title): Regional Chief of Contracting