Old Gardiner Road_Exception to Fair Opportunity.pdf

Memorandum

Western Federal Lands Highway Division 610 E. Fifth Street

Vancouver, WA 98661-3801

Date: July 5, 2022

From: Dean Umathum

Contracting Officer

Thru: Stephanie D. Curtis

Chief of the Contracting Office

To: Brian Bezio

Head of the Contracting Activity

Subject: Justification for Exception to Fair Opportunity

Project name: Yellowstone Flood 2022, Old Gardiner Road

Justification for exception to fair opportunity – This justification is for the exception of fair opportunity in accordance with FAR 16.505(b)(2)(i)(A). The agency’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Agency - Federal Highway Administration (FHWA), Western Federal Lands Highway Division

(WFLHD), Vancouver, WA

Nature and/or Description of Action – FHWA-WFLHD will be soliciting for construction of an emergency temporary by-pass road of the North Entrance Road in Yellowstone National Park as a result of historic flooding events on June 13, 2022. Urgent repairs are needed to Old Gardiner Road, a narrow, one-lane primitive road to a 2-lane functional facility that would provide safe reliable access for town residents, general public and park staff. In order to meet the construction fixed completion date, which is just prior to arrival of heavy winter rain/snow, WFLHD must issue a letter contract to a contractor, namely HK, who is already mobilized in Yellowstone National Park.

Description of supplies or services required to meet agency needs – Upgrading the Old Gardiner

Road; a narrow, one-lane, primitive road to a 2-lane functional facility. Work includes grading, drainage, placement of aggregate, guardrail, and asphalt. The estimated value of this contract is between $15 million to $20 million.

Identification of the exception to fair opportunity – FAR 16.505(b)(2)(i)(A); The agency’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. Because of the unusual and compelling urgency of the flood repairs, and as per FAR 16.603-2, a letter contract is necessary because the Government’s interests demand that the contractor be given a binding commitment so that work can start immediately. In addition, as stated in FAR 16.603-2, negotiation of a definitive contract is not possible in sufficient time to meet the requirement.

Yellowstone National Park has received historic flooding and urgent repairs are needed for the safety of residents, the general public and park staff. In order to meet the construction fixed completion date, which is just prior to arrival of heavy winter rain/snow, WFLHD must issue a letter contract to a contractor already mobilized in Yellowstone National Park.

Other than Full & Open Competition

Yellowstone Flooding 2022, Old Gardiner Road

A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. WFLHD and HK have a long-standing contractual relationship. WFLHD has an extensive experience and knowledge of historic HK pricing. In addition, WFLHD will utilize their

Independent Government Estimate (IGE) to ensure pricing received is fair and reasonable. In addition, requirements for certified cost and price data will be required. These combined factors will ensure fair and reasonable pricing for the Government.

Any other facts supporting the justification. WFLHD staff have visited Yellowstone National Park to identify damage. Staff have prepared Detailed Damage Inspection Reports (DDIR) to establish

Emergency Relief for Federally Owned Roads (ERFO) needs and estimate repair costs. The amount of time to construct the Old Gardiner by-pass road would increase because other MATOC contractors could not deploy labor and equipment as quickly as HK. HK is qualified to perform the work and have staff located within Yellowstone, working on another project, and have the ability to deploy additional staff and equipment to the Old Gardiner Road site.

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. WFLHD will provide for fair opportunity for future repair work in Yellowstone National Park which is not needed on an emergency basis.

Other than Full & Open Competition Yellowstone Flooding 2022, Old Gardiner Road

Signatures/Approvals

Technical/Requirements Personnel Certification - I certify that the above information and the attached evidence supporting this justification are complete and accurate.

Connie Kratovil, Project Manager Date

Contracting Officer Certification - I certify that this justification for an exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

Dean Umathum, Contracting Officer Date

Approval of the Justification – It is determined the circumstances justify an exception to fair opportunity in accordance with FAR 16.505(b)(2)(i)(A)

Stephanie D. Curtis, Chief of the Contracting Office Date

Brian R. Bezio, Chief Financial Officer Date Head of the Contracting Activity

STEPHANIE CURTIS Digitally signed by STEPHANIE CURTIS Date: 2022.07.05 17:42:49 -04'00'

BRIAN ROBERT BEZIO Digitally signed by BRIAN ROBERT BEZIO Date: 2022.07.06 15:03:22 -04'00'