A.02.09 - Justification for Other than Full and Open Competition 21P1000 - Signed - 20201106.pdf

CONTROL NO.__21-03______(1)

PROJECT/EQUIPMENT:(2) Emergency Rock for River Mile 91-93

AUTHORITY: (3) $239,850.00

NAME (Type or Print) TELEPHONE NO

Prepared By: Richard Mathena 816-389-2041

TITLE DATE

Contract Specialist NAME (Type or Print) TELEPHONE NO

Contracting Officer Christopher Anderson 816-389-3850

TITLE DATE

Same as 13 & 14 in J&A (5) NAME (Type or Print) TELEPHONE NO

Technical (6) James Campbell 816-389-3680

TITLE DATE

NAME (Type or Print) TELEPHONE NO Requirements (6) James Campbell 816-389-3680

TITLE DATE

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition

SIGNATURE DATE

Deputy for Small Business (7)

NAME (Type or Print) TELEPHONE NO Arthur Saulsberry

SIGNATURE DATE

Project Manager* (8) If no PM, use N/A NAME (Type or Print) TELEPHONE NO

James Campbell 816-389-3680

SIGNATURE DATE

Office of Counsel NAME (Type or Print) TELEPHONE NO Joseph Rosa 816-389-3056

SIGNATURE DATE

DCC/CCC Contracting Chf NAME (Type or Print) TELEPHONE NO Bradley Wright 816-389-3936

SIGNATURE DATE

Field Competition Advocate NAME (Type or Print) TELEPHONE NO

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

Control #___21-03_______ Labor code: __3E4817_________

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: Kansas City District (NWK), U.S. Army Corps of Engineers (USACE), Contracting Division, 601 E. 12th St., Kansas City, MO 64106.

2. DESCRIPTION OF ACTION: This action resulted in awarding Contract No:

W912DQ21P1000; a firm-fixed-priced contract in the amount of $239,850.00, using FY21 Missouri River O&M Funding for the supply of emergency river rock in support of the Kansas City Districts floating plant that is performing emergency repairs on the Missouri River at River Miles (RM) 91 – RM 93. No options were included in this award.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION: The Kansas City District, Missouri River Office, was in need of an emergency supply contract for river rock in support of the Kansas City Districts floating plant that is performing emergency repairs on the Missouri River at RM 91 through RM 93 to allow for safe navigation. Currently, RM 91 through RM 93 on the Missouri River does not meet the required depths of 9’ and/or authorized width of 300’ for safe navigation. It is estimated that approximately 23,400 tons of material is required to aide in the repair of the navigational channel.

On 09 Oct 2020, RFP W912DQ21R1001 was e-mailed to three potential offerors that were identified by the PDT to have the capabilities to provide and load the large quantities of river rock at the area of concern in the required time to restore safe navigation. Two offers were received and the lowest was accepted. Award was made to Richard J. Mertens Inc., Warrenton, MO, on 9 Oct 2020. The delivery date for the river rock was 13 Oct 2020. This is an after-the-fact J&A and the total value of this award is $239,850.00. No options were included in this award.

4. AUTHORITY CITED: 10 U.S.C.2304(c)(2) or 41 U.S.C.3304(a)(2) as implemented by FAR 6.302-2(b)(2) Unusual and Compelling Urgency.

5. REASON FOR AUTHORITY CITED: Background: Maintaining navigable channels on the Missouri River is one of the core missions for the Kansas City District. The Missouri River has various man-made stone structures and built in channels that are designed to ensure the river is self-scouring in order to maintain a minimum depth of 9 feet that will allow barge traffic to safely navigate the channels. During the flooding event of 2019, many of the river structures that maintain the navigation channel were damaged at numerous locations or areas of concerns. The damage of these structures has led to shoaling and unsafe conditions for navigators transporting material on the river. The supply of large quantity of river rock, and the requirement to load it on to a barge are not routinely required by the Kansas City District.

Justification: The most essential need for this acquisition is to make emergency repairs at RM 91 through RM 93 to allow for safe navigation through this area of concern. The Contractor is required to have the capabilities to supply large quainites of river rock, and the ability to load it on to a barge to support the floating plant by 13 October 2020.

The deterioration of the navigational channels on the Missouri River are due to the flood event of 2019 damaging the navigational aid structures and the current drought has caused unsafe water levels in several locations that have been labeled as areas of concerns. This has caused the navigational channels to pose a significant risk of loss of life, property, and commerce. It is impossible to quantify the loss of life and it is difficult to quantify the loss of property, as it can be as minor as a repair for damage to a vessel or it can be as extreme as the effects of runaway barges, to include an environmental disaster. The monetary damages to the navigation industry are estimated at approximately $40K-$80K per day.

Impact: The consequences of not utilizing FAR Subpart 6.302-2 unusual and compelling urgency procedures to procure a large quantities of river rock in support of the Kansas District floating plant would be the continuation of unsafe navigation and ultimately the suspension of commercial navigation between RM 91 through RM93 on the Missouri River.

Alternatives: The only other viable alternative to this requirement identified was for the Government to suspend navigation at this area of concern. The normal procedure for the procurement of a supply contract for a large quantity of river rock is to solicit competition by posting a Request for Quote (RFQ) on beta.SAM, and this has minimum procurement time of 36 days. The urgent need for the rock did not allow for the 36-day procurement time. The other alternative that was discussed was the use of a current Blanket Purchase Agreement (BPA’s). A search was conducted of the available BPA’s in the Kansas City District for use; and the search identified a pool of BPA’s; unfortunately, the Contractors within the pool where limited to suppling quainites of no more than $150,000.00 and that quantity was insufficient to make all the required emergency repairs.

6. EFFORTS TO OBTAIN COMPETITION: After the requirement was identified late on 09 October 2020, a Project Development Team (PDT) was organized and convened on 09 October 2020. After analyzing alternatives, the PDT team worked to identify Contractors that have the capabilities to provide a large quainites of river rock, the ability to load it on a barge, and are located close to the area of concern in order to meet the required delivery time to restore safe navigation. The team identified three Contractors that had the capabilities.

On 09 October 2020 an RFP was emailed to the three contractors identified. Of the three contractors sent an RFP, one responded that they were unable to meet the requirements, and two contractors provided an offer.

7. ACTIONS TO INCREASE COMPETITION: The requiring activity is currently preparing a solicitation that will be adequate for full and open competition on upcoming needs for large quainites of river rock anticipated for execution during early FY21. The market research for this action will be used to reach out to other potential sources to broaden the competition. The upcoming river rock actions for floating plants will still be urgent requirements, but since they are already recognized, the Government believes the start dates will allow contractors more time to prepare and submit an offer.

8. MARKET RESEARCH: The PDT was organized and convened on 09 October 2020. After analyzing alternatives, the PDT team worked to identify Contractors that have the capabilities to supply emergency river rock and load it on barges at the area of concern in the required time to restore safe navigation. This would be limited to Contractors that had capabilities, equipment, and was located on or near Missouri River due to the expense of transport of river rock on the river.

The market research was conducted by Contract Specialist Rick Mathena of the USACE, NWK District, on 09 October 2020. A search for quarries on the Missouri River was performed and it identified three quarries that were near the area of concern and that had the capabilities to supply large quantities of river rock and the ability to load it on a barge.

9. INTERESTED SOURCES: To date, no other sources have expressed an interest in writing.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history. Utilizing Paperless Contracting Files (PCF) search engines and FPDS.gov search tools, within the past few years, there were no actions for large quantities of river rock identified within the Kansas City District.

b. Acquisition data availability. The specifications on the river rock required, the amount of river rock required, and a couple of maps were available in the scope of work that was distributed to the three contractors that were expected to be capable of fulfilling these requirements.

c. Unusual and compelling urgency. The deterioration of the navigational channels on the Missouri River due to the flood event of 2019 damaging the navigational aid structures, and the current drought has caused unsafe water levels in several locations that have been labeled as areas of concerns. The consequences of not utilizing FAR Subpart 6.302-2 unusual and compelling urgency procedures to contract for an emergency supply of a large quantity of river rock to aide in the repair of the navigational channel would be the continuation of unsafe navigation or the suspension of commercial navigation between RM 91 through RM93 on the Missouri River.

The current condition of the navigational channel poses a significant risk of loss of life, property, and commerce. It is impossible to quantify the loss of life, and is difficult to quantify the loss of property; as it can be as minor as a repair for damage to a vessel or can be as extreme as the effects of runaway barges, to include an environmental disaster. The monetary damages to the navigation industry are estimated at approximately $40K-$80K per day.

d. Subcontracting competition. There are no subcontracting opportunities anticipated for this requirement.

11. TECHNICAL 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.

NAME: __James Campbell_________________ DATE: _________________________

TITLE: ___Project Manager________________ SIGNATURE: ___________________

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.

NAME: ____James Campbell _______________ DATE: _________________________

TITLE: ____Project Manager________________ SIGNATURE: ___________________

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determined that the cost for this contract action was fair and reasonable. Price analysis was conducted IAW FAR 15.404-1(b)(2)(ii) in comparison of proposed prices to historical prices paid and FAR 15.404-1(b)(2)(v) in comparison of proposed priced received with the independent government estimate. Certified cost or pricing data was not acquired due to the exception at FAR 15.403-1(a) where certified cost or pricing data shall not be obtained for acquisitions if the price does not exceed the $2,000,000.00 threshold..

NAME: ___Christopher Anderson_________ DATE: _________________________

TITLE: ___Contracting Officer___________ SIGNATURE: _________________

14. CONTRACTING OFFICER CERTIFICATION:

"I certify that this J&A is accurate and complete to the best of my knowledge and belief."

NAME: ___Christopher Anderson_________ DATE: _________________________

TITLE: ___Contracting Officer___________ SIGNATURE: ___________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the emergency supply of large quantities of river rock in support of the Kansas City District’s Floating Plant that is performing emergency repairs to the navigational channels on the Missouri River at RM 91 through 93 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.

2304(c)(2 ) Unusual and Compelling Urgency subject to the availability of funds, and provided the property herein described has otherwise been authorized for acquisition.

NAME: ___Christopher Anderson______ DATE: _________________________

TITLE: ___Contracting Officer_______ SIGNATURE: ___________________