A.02 J&A After the Fact FEMA Logan Road Final REDACTED.pdf

DAL-21-6674

After-the-Fact Justification & Approval for Other Than Full and Open Competition

1. CONTRACTING AGENCY

rtland District (NWP), A-E/Construction Branch (CECT- NWP-C), located at 333 SW 1st Avenue, Portland, OR 97204.

2. DESCRIPTION OF ACTION

This justification and approval is for other than full and open competition to issue an Invitation for Bid for a firm fixed price contract using Disaster Relief funds for the site preparation of mobile home units (MHUs) at Lincoln City, Lincoln County, Oregon. This work is in support of the Federal Emergency Management Agency (FEMA) under the Presidential Declaration of Emergency dated 10 September 2020 for the wildfires in Oregon. This procurement will be set aside to local, small businesses who primarily reside or do business in the counties identified in the Presidential Declaration of Emergency. A synopsis of the requirement pursuant to FAR 5.203(a) will not be provided. A thirty-day response time for receipt of bids pursuant to FAR 5.203(c) will also not be provided.

The projected contract amount was approximately $1,000,000.00 prior to solicitation in which a verbal approval request for $1,000,000.00 was sent to the Office of Senior Contacting Official (SCO) on 27 January 2021 with approval received on 28 January 2021. The award was in the amount of $1,075,000.00.

3. DESCRIPTION OF SUPPLIES/SERVICES

The purpose of this contract is to provide construction services in accordance with the Presidential National Emergency Declaration. The work requires the contractor to furnish all materials, equipment, labor, layouts of work features, and supervision needed to construct a temporary community site consisting of approximately 20 group site pads. The selected site needs to be developed to operational status so that manufactured homes may be placed on site pads. Work includes concrete curb & landscaping removal; saw cutting asphalt for utility installation; gravel trench restoration; modifications to an existing water booster station; installation of potable water and sewer mains and service lines; installation of electric service lines, including meter bases and utility coordination; removal and addition of pavement striping; signage; and installation of miscellaneous site barriers such as fencing and/or bollards. The current site is an asphalt parking lot with landscaping islands which will be removed. Utilities area adjacent to and cross the site which will be extended to provide service to the home site pads. The total estimated value of this procurement wa $1,000,000.00. The period of performance for the contract is 60 calendar days in total, with required performance to begin immediately to meet this schedule. There are no optional line items.

4. Authority Cited

10 U.S.C. § 2304(c)(2), as implemented by FAR 6.302-2, DFARS 206.302-2(b) and PGI 206.302-2(b)(i), Unusual and Compelling Urgency.

5. Reason for Authority Cited

Background: On 10 September 2020 a Presidential Declaration of Emergency was issued under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-3542-EM). This declaration provided for emergency protective measures for Clackamas, Douglas, Jackson, Jefferson, Klamath, Lane, Lincoln, Linn, Marion, Tillamook, and Washington Counties in response to the ongoing wildfires. FEMA is providing MHUs in order to provide temporary housing for those that have been displaced. Multiple locations across Oregon have been identified as able to support MHUs and travel trailers (TTs), however site preparation must be done in order to support the MHUs and TTs.

FEMA provided USACE-NWP with a Mission Assignment on 17 November 2020 to provide assistance with the site development, construction, and installation of utilities. This work will be accomplished under the Stafford Act requiring award to local firms and has been done previously through FEMA for other locations throughout the United States.

Justification: ances under which use of this authority may be appropriate include, but are not limited to, the following: Supplies, services, or construction needed at once because of fire, flood, explosion or other he materials, equipment, and labor required to prepare twenty MHU site pads in response to the Presidential Declaration of Emergency for the wildfires in Oregon. FEMA will provide the MHUs to assist in housing displaced families affected by the wildfire. Should the preparation of the site pads be delayed, the displaced families will remain without homes creating a life, healthy, and safety concern. therefore this authority is appropriate to limit competition for the requirement. The period of performance of this contract will not exceed 60 days after notice to proceed. The requirement will not be sole-sourced, however it will be set-aside for identified local small businesses (see paragraph 8).

Impact: Not securing a contract to allow the contractor to begin performance as soon as possible would result in delays of construction of providing temporary housing to of the wildfires. Multiple families have been identified as displaced. Some have been living out of their cars or tents since the fires. Approval of this J&A will enable U.S.

Army Corps of Engineers, Portland District to expedite award for urgently needed construction services identified above in paragraph 3. In accordance with FAR 6.208, contracting officers may set aside solicitations to allow only offerors residing or doing business primarily in the area affected by such major disaster or emergency to compete without a separate justification. Two previous site preparation contracts were awarded using Part 13 procedures to two different local small businesses. As this procurement is anticipated to go above the simplified acquisition threshold for construction in support of an emergency ($800,000), a justification and approval is required as the contracting officer requires an exception to synopsizing under FAR

5.202(a)(2) and, by extension the 30-day response time for receipt of bids in accordance with FAR 5.203(c).

Alternatives: The alternative to using the authority implemented by FAR 6.302-2, DFARS 206.302-2(b) and PGI 206.302-2(b)(i) would be to use formal acquisition methodology. A synopsis would need to be posted for fifteen calendar days and the requirement would need to be advertised for a minimum of thirty calendar days in accordance with FAR 5.203(a) and (c), respectively. This would cause unacceptable further delay to placing critical infrastructure for families displaced by the wildfires.

6. EFFORTS TO OBTAIN COMPETITION

For the reasons discussed in paragraph 5, above, the District determined that it was not practicable to have full and open competition and restrict the solicitation to several local small businesses. Five local small businesses were identified as capable and interested in the procurement during market research. A pre-solicitation site visit was held on 24 January 2021. Two firms attended the site visit. Two competitive bids were received.

7. ACTIONS TO INCREASE COMPETITION

Multiple small businesses have been identified in the affected areas that are capable of performing the work and will be provided the opportunity to submit a bid.

8. MARKET RESEARCH

In accordance with FAR 10.001(a)(2), market research was conducted for this requirement, as it is determined that limiting sources and awarding a contract is in the best interests of the government. The anticipated dollar value and urgency of this requirement warrant the use of limiting sources to fulfill the immediate needs of the government. The Government is attempting to maximize competition to the greatest extent practicable in accordance with FAR Part 6, and provide maximum practicable opportunities to locally based contractors. Leadership, understanding the latitudes afforded under FAR 6.302-2, did not want to completely divest itself of a competitive environment and therefore Portland District issued a limited competition. Market research has been conducted on an on-going basis since September 2020.

Coordinating with Portland Distr discovered that met the requirements of the Stafford Act and agreed to the identified time constraints on the projects.

9. INTERESTED SOURCES

USACE-NWP posted a Sources Sought Notice on 15 September 2020 for debris removal in response to the Oregon Wildfires. More than forty responses were received. These responses were analyzed to ensure the firms were capable of providing the construction requirements, capable of performing emergency response work, met the requirements of the Stafford Act, and were interested in bidding the work. A pool of five local small businesses was identified. The District will make this justification and approval publicly available within 30 days after contract award as required by FAR 6.305(b).

10. OTHER FACTS

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