A.02_JA Brand Name or Equal distro.pdf

NWP-21-017

Justification & Approval for Other Than Full and Open Competition

1. CONTRACTING AGENCY

U.S. Army Corps of Engineers (USACE) – Portland 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 with respect to utility service requirements contained in the plans and specifications for Lane County Mobile Home Unit Site (Basketball Academy), under solicitation number W9127N21B0017. This documentation only applies to the portion of the solicitation that specifies the source for utility services.

3. DESCRIPTION OF SUPPLIES/SERVICES

The purpose of this contract is to provide construction services in accordance with the Presidential National Emergency Declaration. The site shall be developed to operational status so that manufactured homes may be placed on site pads. Work shall include constructing manufactured home gravel pads, gravel parking pads, gravel accessways, minor and incidental positive storm water drainage, potable water lines, gravity sewer laterals, Septic Tank Effluent Pump tanks, effluent force mains, and electric power service. Widening, including tree removal, culvert replacement, and stone and gravel placement on the access road will be required as part of the contract. Widening and paving of highway access will be required. The total estimated value of this procurement is $XXX. The period of performance for the contract is 45 calendar days from notice to proceed, with required performance to begin immediately to meet this schedule. The utility services requirement identified below is estimated at $XXX.

4. Authority Cited

10 U.S.C. § 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

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: In accordance with FAR 6.302-1(b)(3), the Contracting Officer has determined only one source is reasonably available to furnish the utility services required for this contract: Lane Electric Cooperative. Lane Electric is the local utility company for the location and it is required that the contractor coordinate with that firm in order to install new underground electrical service. There are no other firms that can connect to the local power supply.

Impact: Not specifying the utility service provider to potential offerors would result in not having power to the identified mobile home unit location. There are no other firms that can make the connection as Lane County only has one electric company. An effort to extend utilities outside Lane County would result in undue delays and costs.

6. EFFORTS TO OBTAIN COMPETITION

N/A

7. ACTIONS TO INCREASE COMPETITION

The Government was not able to identify any other utility company capable of providing this service to the identified location.

8. MARKET RESEARCH

In accordance with FAR 10.001(a)(2), market research was conducted for this requirement, and Lane Electric was identified as a capable firm for providing the required supply.

9. INTERESTED SOURCES

N/A

10. OTHER FACTS

N/A

APPROVAL:

Based on the foregoing justification in accordance with FAR 6.302-1(c), I hereby approve the use of other than full and open competition for the utility service specification for the site preparation requirement in Lane County, Oregon.

Kristina Morrow (date in electronic signature) Contracting Officer

USACE-NWP