JA_BAWA_LC_2_Signed_(3-28-19).pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity

Department of Transportation, Federal Highway Administration, Eastern Federal Lands Highway Division (EFLHD).

2. Nature and/or description of the action being approved

This acquisition, Project NP-BAWA 1(7), 2(7), pavement rehabilitation of Baltimore Washington Parkway from Big Patuxent River Bridge to Little Patuxent River Bridge is being requested under FAR Subpart 6.3 – OTHER THAN FULL AND OPEN

COMPETITION:

The Project NP-BAWA 1(7), 2(7) pavement rehabilitation is located in Anne Arundel County, Maryland along the Baltimore Washington Parkway, from the Big Patuxent River Bridge to Little Patuxent River Bridge.

The parkway is a 4-lane divided highway that handles approximately 100,000 vehicles per day. The primary purpose of the road is to provide access to commuters traveling from the DC Metro Area to Southwest of Baltimore, MD. It also gives access to critical transportation facilities like the NASA’s Goddard Space Flight Center, Baltimore- Washington International Marshall Airport and the National Security Agency at Fort Meade. This section of the Parkway was resurfaced approximately 20 years ago and is at the end of its service life. This project is essential to improve the public safety, level of service and extend the life of the roadway.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value)

The project consists of repaving the northbound and southbound of the Baltimore Washington Parkway. The work includes milling, asphalt pavement patching, asphalt concrete paving, pavement markings, and other work as needed.

The estimated cost for this effort is $5,174,280.00.

4. Statutory authority permitting other than full and open competition

The authority to enter into a contract for this effort without full and open competition is 41 U.S.C. 3304(a)(2), Unusual and Compelling Urgency. Full and open competition need not be provided for Per FAR 6.302-2(a)(2) “When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.”

This action is for authorizing an expedited solicitation and award of a letter contract for Project Number NP-BAWA 1(7), 2(7), to repair areas of severe deterioration along the mainline parkway from the Big Patuxent River Bridge to the Little Patuxent River Bridge. During the last several months, there has been an increase of accidents in this section of the roadway caused by vehicles maneuvering between lanes to avoid the potholes up to 4 to 8 inches deep. Also, multiple vehicles are being disabled on the side of the road, adding a safety risk, and increasing the chances of being hit by approaching vehicles.

The U.S. Park Police (USPP) is currently investigating the cause of a fatal crash within the project limits. Also, USPP has several reports of a vehicle rolling over, and losing control of the vehicle while trying to avoid the potholes. Given the amount of accidents that had been reported, the National Park Service recognized the need of lowering the speed limit on this section of the Parkway to 40 mph and filling the deep potholes with hot mix asphalt. However, the temporary patching is not stable and accidents are still being reported almost daily due to the detrimental pavement conditions.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited

This project consists of emergency repairs to improve mobility and safe passage of the commuters and Government agencies that use the Baltimore Washington Parkway as a primary commuter route. If this work is not approved as a letter contract with limited price competition, the northern section of mainline parkway will continue to deteriorate in an accelerated manner presenting a public health and safety hazard. The onset of the spring rain and freeze – thaw cycles will worsen the severe pavement deterioration, which could end up in more fatalities and accidents in the area. It is imperative the resurfacing and repair work begin immediately as successful completion is endangered.

The contractor chosen for this work, Estes Bros. Const., Inc., has a successful performance history delivering similar road repair work in the National Capital Region Area. This contractor’s past history shows that they are capable and have sufficient equipment and staff to be able to complete the work safely and within the required timeframe. The work must be completed immediately to prevent further deterioration of the roadway and reduce traffic incidents on the Parkway. Estes Bros. Const., Inc. forces are currently available to do this work immediately.

6. 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

The recent projects on the Baltimore Washington Parkway have been HubZone set-aside. To provide greater opportunities to the small business community as well as to promote competition, EFLHD solicited prices from five (5) HubZone contractors that have successfully completed similar projects. Those contractors were: 1. Estes Bros Construction Inc., 2. Bryant’s Land & Development, 3. Miliani Construction LLC, 4.

Mountain Consulting, Inc. and 5. Puyenpa a Native American Company. Notice of this proposed limited price competition letter contract award is not required.

7. Determination that the anticipated cost to the Government will be fair and reasonable

An Independent Government Estimate was prepared and will be used to compare the price from the contractor. Certified Cost and Pricing Data is required.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted

EFLHD’s Contracting Officer discussed the available qualified contractors with the National Park Service and determined that Estes Bros. Const., Inc. would best meet the Government’s needs based on past history as a responsible contractor for similar work and offering the lowest price per tonnage of asphalt.

9. Other facts supporting the use of other than full and open competition

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Four (4) other sources were solicited for this letter contract with award based on limited price competition.

11. 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.

As stated above, to provide greater opportunities to the small business community as well as to promote competition, EFLHD solicited prices from five (5) HubZone contractors that have successfully completed similar projects. In addition, the agency intends to enter into another contract through the use of competitive procedures from other necessary work on the Baltimore Washington Parkway.

12. Certification

I certify that the information provided in this justification is complete and accurate to the best of my knowledge and belief.

Francis A. Abreu, Sr. Date

Construction Operations Engineer

Thomas J. Scott, Jr. Date

Construction Engineer

Approvals Signature Page

Based upon the preceding information, I hereby recommend approval of this Justification for Other than Full and Open Competition to award the project to Estes Bros. Const., Inc.

for providing emergency repairs to the Baltimore Washington Parkway in Anne Arundel County, MD.

Melvin Sloan Date Contracting Officer, EFLHD

Laurin Lineman Date Chief of Engineering, EFLHD

Milton Hsieh Date Office of Chief Counsel

For Monique R. Evans, P.E. Date Division Director, EFLHD

Timothy Hess, P.E. Date Associate Administrator for Federal Lands

Aimee Drewry Date Acting Chief of Contracting Office

Brian R. Bezio Date Competition Advocate Chief Financial Officer