A.02.06 - JA Sole Source (redacted) - W912HP24Q0005 - FY24 Fishlift Emergency.pdf

Control Number: SAC-24-0005

(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: FY24 Fishlift Emergency Debris Removal

Authority: 10 United States Code 3204(a)(1) 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: 03/05/2024

E-mail:_

Contracting Officer:

Typed Name: __________ Phone: (

Date Reviewed: _03/052024 E-Mail:

Technical Representative/ Requirements Representative:

Typed Name: ____ Phone:

Title: __Power Project Manager____________ Date: __03/05/2024____

(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: __03/06/2024____

Legal Counsel

Typed Name: _______________ Phone:

Signature: ______________________________ Date: 03/06/2024_____

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 is an emergency action to remove debris from the Fishlift.

This contract will be for a new requirement as a firm-fixed price stand-alone contract.

This contract award will be funded with Bipartisan Infrastructure Law (BIL) funds.

3. Description of Supplies/Services:

ES Integrated shall supply all labor, technical expertise, materials, equipment, accessories to perform necessary debris removal for the St. Stephen Fishlift until the end of the fish passage season. Debris removal is critical to continued Fishlift operations and environmental impact mitigation, as it will remove existing barriers in the exit chamber inlet, allowing 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 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.

5. Reason for Authority Cited:

ES Integrated has knowledge of the project, a strong history of responsiveness, experienced personnel, and has prior Fishlift debris removal work experience. ES Integrated is familiar with the overall Cooper River Rediversion Project (CRRP) and, more particularly, has knowledge of Fishlift operations due to its previous, successful experience with Fishlift debris removal work. The Fishlift is a critical component necessary for fish population preservation in the Lake Moultrie reservoir areas.

We are currently in fish passage season, spanning from the beginning of February to the end of May, and the Fishlift plays a pivotal role in preserving fish populations in the Lake Moultrie reservoir areas. Failing to remove the debris from the Fishlift exit chamber will greatly diminish the effectiveness of the Fishlift operations. The fishlift exit chamber was recently cleaned; however, debris has begun to collect again and will block fish passage. To keep the fish passage clear for the rest of the season, the exit chamber must be cleared every two weeks to ensure the fish pass through the Fishlift to complete the spawning cycle. ES Integrated possesses the necessary resources and expertise to immediately execute the required work upon contract award.

This request is to purchase ES Integrated’s services as per the specification provided.

6. Efforts to Obtain Competition:

Due to sense of urgency because the fish passage season has started, ES Integrated is the only local area small vendor that can respond timely and perform the services because of time constraints on performance and their prior Fishlift debris removal effort last week and in 2023. Due to known environmental risks and the limited fish passage season, the project’s legal requirements for fish passage operations will be compromised if work is not performed.

a. Effective competition. N/A.

b. Subcontracting competition. N/A

7. Actions to Increase Competition:

The government plans to solicit a BPA for future clearing out of the Fishlift exit chamber, as required. This J&A will be posted on SAM.gov IAW FAR 6.305(b).

8. Market Research:

On March 5, 2024, a search was conducted on the Small Business Dynamic Website to determine interest and capability of potential qualified Small Business Administration (SBA), all small business firms relative to the North American Industry Classification Code (NAICS) 561210 searching only South Carolina and 270 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 “facility” and searching in the State of South Carolina 16 vendors matched the criteria. To narrow the search to a smaller category the search was conducted using the NAICS of 561210, an area code of “843” within the State of South Carolina and 2 vendors matched the criteria. Of the 2 vendors, only ES Integrated has familiarity with CRRP, including intimate technical knowledge of Fishlift operations and supporting structures as demonstrated through previously awarded contracts. The other vendor listed is a law enforcement security service which does not apply to this type of work.

9. Interested Sources: None

10. Other Facts:

Unless the Fishlift exit chamber is cleared, the Fishlift cannot operate as required for fish to make their annual journey upstream. The disruption in the fish passage cycle