A.02.09 - Justification for Other than Full and Open Competition Emergency Block.pdf

CONTROL NO._21-10____(1)

PROJECT/EQUIPMENT:(2) Emergency Block for Breach at Palmer Creek

AUTHORITY: (3) FAR 6.302-2 AMOUNT:(4) $50,000.00

NAME (Type or Print) TELEPHONE NO

Prepared By: Laura L. Hedrick 816-389-3023

TITLE DATE

Contract Specialist 6/25/2021

NAME (Type or Print) TELEPHONE NO

Contracting Officer Matt Wilson 816-389-3426

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Same as 13 & 14 in J&A (5) Contracting Officer 6/25/2021

NAME (Type or Print) TELEPHONE NO

Technical (6) Robin Wankum-Perusich 816-389-3879

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Resident Engineer 6/25/2021

NAME (Type or Print) TELEPHONE NO

Requirements (6) Robin Wankum-Perusich 816-389-3879

TITLE DATE

Resident Engineer 6/25/2021

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: The U.S. Army Corps of Engineers (USACE), Kansas City

District (NWK), Contracting Division, 601 E. 12th St., Kansas City, MO 64106

2. DESCRIPTION OF ACTION: This requirement is an urgent and compelling action to conduct an emergency level of protection of the breaches on Palmer Creek. A firm fixed price modification will be executed under Contract W912DQ-20-C-1087 to ESI Construction. FY21

PL 84-99 funds will be used. No options will be included in this modification.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION: The

Kansas City District (NWK), Missouri River Office, is in need of emergency construction to prevent additional flooding and erosion from current and projected storms over the next several days. The Notice to Proceed (NTP) will be issued immediately upon approval. The period of performance (POP) is 48 hours after NTP. The total value of this action is $50,000 and no options where included in this modification.

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. These repairs are ongoing and therefore the level of protection within the levees has not yet been restored. The breach at Palmer Creek is an example of the lack of protection faced by unusually severe storms.

Justification: The most essential need for this acquisition is emergency block of the breaches on

Palmer Creek. The Contractor is required to have the capabilities to perform the emergency requirements and has the capability to mobilize to the worksite immediately upon approval.

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. 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 is estimated at approximately $40K-$80K per day.

Impact: The consequences of not utilizing FAR Subpart 6.302-2 unusual and compelling urgency procedures to contract an emergency blockage of the breaches by the contractor will cause further damages to infrastructure, including homes and farm communities. Additional storms are projected over the next several days with the potential for extensive damages. Mitigation efforts will not begin without this action.

Alternatives: The normal procedure for the procurement of a construction contract is to solicit competition by posting an Invitation for Bid (IFB), and this has minimum procurement time of 46 days. An IFB was considered but the emergency situation did not allow for the 46-day procurement time.

6. EFFORTS TO OBTAIN COMPETITION: The breach was identified on 25 June 2021.

After analyzing alternatives, the PDT team worked to identify Contractors that have the capabilities to perform emergency blocking at the area of concern in the required time to mitigate the damages. The team identified one existing contract with ESI Construction. Due to the urgent and compelling nature of this emergency requirement, there is not sufficient time to take further steps in obtaining competition.

7. ACTIONS TO INCREASE COMPETITION: The requiring activity will review its’ emergency procedures for potential future breaches. Competition will be maximized for any requirements wherein lead time allows in the future (e.g. non-emergency actions).

8. MARKET RESEARCH: The PDT was organized and convened on 25 June 2021. After analyzing alternatives, the PDT team worked to identify Contractors that have the capabilities to perform emergency construction 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 mobilized on the Missouri River due to the expense of $1,000 to $1,500 a mile to transport the required equipment on the river. Based on the results of the analysis the only contractor who can meet this emergency requirement within the area is ESI Construction. Contracting Officer Matt

Wilson contacted the Contractor on 25 June 2021 to confirm that they have the capabilities and resources to perform the requirement, and the Contractor confirmed that they are able to perform the emergency work.

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

The notices required by FAR 5.201 will be published.

10. Other Facts:

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 an emergency block by a contractor would be the continuation of unsafe navigation or the suspension of commercial navigation at RM246 on the Missouri River.

The current condition of the breach of Palmer Creek 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.

FOR PARAGRAPHS 11 THROUGH 14 - Ensure the same Representative LISTED ON THE

COVER PAGE SIGNS THESE CERTIFICATIONS

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.

Robin Wankum-Perusich

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.

Robin Wankum-Perusich

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the cost for this contract action is 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.

Matt Wilson

14. CONTRACTING OFFICER CERTIFICATION:

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

Matt Wilson