A.02.06 - JA Sole Source Part 6 Redacted - W912HP24R0010 - FY24 CRRP Fishlif.pdf

Control Number: SAC-24-0009

(Source Selection information - See FAR 2.101 and 3.104-4)

1 AUG 2022

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: Fishlift Bladder Valve Replacement

Authority: 10 U.S.C. 3204(a)(2) as implemented in Federal Acquisition Regulation (FAR) 6.302-2(a)(2) Unusual and Compelling urgency.

Amount: Total estimated price is $

Prepared by:

Typed Name: _____________ Phone:

Title: __Contract Specialist________________ Date: ___08/15/2024____

E-mail:_

Contracting Officer:

Typed Name: __________ Phone:

Date Reviewed: ________ E-Mail:

Technical Representative/ Requirements Representative:

Typed Name: ____ Phone:

Title: __Power Project Manager____________ Date:

(Source Selection Information - See FAR 2.101 and 3.104-4)

AUG 2022

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager (1)

Typed Name: ______ Phone: _ __

Signature: _ Date: ______

Legal Counsel

Typed Name: _ _______________ Phone:

Signature: ____ Date: _________________

AUG 2022

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: U.S. Army Corps of Engineers, Charleston District, Charleston Contracting Office, 69-A Hagood Avenue, Charleston, SC 29403-5107

2. Description of Action: This contract will be for a new requirement as a firm-fixed price stand-alone contract. This contract award will be funded by the FY24 work plan supplemental funding.

3. Description of Supplies/Services:

Sierras Construction, LLC (Sierras) will supply all labor, technical expertise, materials, equipment, and accessories to perform necessary replacements to the St. Stephen Fishlift bladder valves. This action is critical to continued Fishlift operations and mitigation of environmental impacts, as the repair is to the attraction chamber holding pool entrance gates, which allow fish passage from the Santee River tailrace to the Lake Moultrie reservoirs via the headwater canal.

The total estimated value of the proposed action is .

4. Authority Cited:

10 U.S.C. 3204(a)(2), as implemented in 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, full and open competition need not be provided for.

5. Reason for Authority Cited:

As the upcoming fish passage season approaches, spanning from the beginning of February to the end of May, the Fishlift plays a pivotal role in preserving fish populations in the Lake Moultrie reservoir areas. Failing to replace the Fishlift bladder valves prior to the start of fish passage season will greatly diminish the effectiveness of Fishlift operations. Sierras possesses the necessary resources and expertise to immediately execute the required work upon contract award.

Sierras has extensive project management knowledge, a proven track record of responsiveness, a team of experienced personnel and has prior Fishlift facility work experience. Given its familiarity with the overall Cooper River Rediversion Project (CRRP) gained through its prior experience, Sierras possesses intimate technical expertise in Fishlift operations and supporting structures.

This request is to purchase Sierras’ services per the specification provided.

6. Efforts to Obtain Competition:

Sierras stands as the sole local small vendor with the capability to promptly respond and execute the necessary repairs. This capability stems from their pivotal role in the design and installation services for the Fishlift rehabilitation effort in 2013. Given the acknowledged environmental risks and the time constraints imposed by the limited fish season, the absence of action would adversely affect the project's legal obligation for fish passage operations.

Crucially, the replacement work will involve the use of crane services, and Sierras possesses its own crane, along with qualified crane operators and riggers. Furthermore, Sierras has the equipment required for the Fishlift replacement work, ensuring a efficient resolution to meet project needs.

a. Effective competition. N/A.

b. Subcontracting competition. N/A

7. Actions to Increase Competition:

This J&A supports a discrete requirement that will end when the project is complete.

Therefore, there are no planned actions to increase competition for the requirement covered by this J&A. This J&A will be posted on SAM.gov IAW 6.305(b).

8. Market Research:

On August 14, 2023, a search was conducted on the Small Business Dynamic Website to determine interest and capability of potential qualified Small Business Administration (SBA), Certified 8(a), Alaskan Native Corporation Owned Firm, Native American, Other Minority Owned, Self-Certified Small Disadvantaged Business Firms relative to the North American Industry Classification Code (NAICS) 237990 searching only South Carolina and 137 profiles matched the search criteria. The Government again queried the SBA’s Dynamic Small Business Search again using the same NAICS code with a keyword of “water” and searching in the State of South Carolina 7 vendors matched the criteria. One company does Emergency Watershed Protection work in emergency situations such as hurricanes, tornadoes floods and storms. One company provides water and sewer line installations. The remaining five contractors are General Construction contractors with capability in concrete and water line installation. Of the seven listed, Sierras would be capable of fulfilling this requirement and has previously worked another critical Fishlift repair and provided excellent service. The Contractor has unique knowledge and the expertise on this type of project based on previous work provided for the Fishlift. Sierras has knowledge of project management, a strong history of responsiveness, experienced personnel, and has performed prior work to the Fishlift facility. In addition, Sierras has familiarity with the overall CRRP, which includes intimate

AUG 2022

technical knowledge of Fishlift operations and supporting structures as demonstrated through previously awarded contracts.

On June 13, 2024, another search was conducted on the Small Business Dynamic Website using the NAICS 237990 searching only South Carolina and 148 profiles matched the search criteria. The Government again queried the SBA’s Dynamic Small Business Search again using the same NAICS code with a keyword of “water” and searching in the State of South Carolina 1 vendor matched the criteria. Sierras was the sole vendor.

Sierras is currently registered in SAM.gov. On 1 July 2024, the Contract Specialist reviewed Sierras’s Representations & Certifications and they are current and valid till 8 November 2024.

Other bladder valve contracts were searched for on 1 July 2024 on SAM.gov but no contracts were found.

9. Interested Sources: None

10. Other Facts:

For the Government to remove or overcome any barriers to competition, it would require this service to be widely available in the marketplace, which it is not. The Fishlift is a critical component necessary for fish population preservation in the Lake Moultrie reservoir. Sierras Construction, LLC has the resources and experience necessary to complete the services outlined in the statement of work.

a. Procurement history.

(1) Contract # W912HP24P0002 was awarded 15 February 2024.

(2) The acquisition was a sole source action.

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Signature: Date:

Typed Name: __ _________ Title: _ Power Project

Manager__ 12. Requirements Certification: (Include the following statement):

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

____ Date: ______________________

Typed Name: Title: __Project Manager_______

13. Fair and Reasonable Cost Determination: (Include the following determination):

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Prices will be determined fair and reasonable price based on current market prices and historical data and past contract awards.

Signature: _____ Date: ______________________

Typed Name: _____ ____ Title: ___ Contracting Officer____

14. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

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

Signature: ___ Date: _______________________

Typed Name: ______ ___ Title:____ Contracting Officer ____

Approval

Based on the foregoing justification, I hereby approve the procurement of FY24 CRRP Fishlift Bladder Valve Replacement for an estimated value of $ on an other than full and open competition basis pursuant to the authority of 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 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, full and open competition need not be provided for, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

Signature: Date: __________________________

Typed Name: ___ Title: _Contracting Officer_____