A.03.09 J&A Other than Full & Open.pdf

DEPARTMENT OF THE ARMY

LITTLE ROCK DISTRICT, CORPS OF ENGINEERS

Post Office Box 867

LITTLE ROCK, ARKANSAS 72203-0867

REPLY TO

Contracting Division Control No. SWL-20-01

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: U.S. Army Corps of Engineers, Southwestern Division, Little Rock

District.

2. Description of Action: Request for Quotations, Firm-Fixed-Price Service Contract.

3. Description of Supplies/Services: Delivery of borrow material to breach sites on McLean

Bottom Levee District No. 3’s levee in Logan County, Arkansas, from the borrow source provided by the nonfederal sponsor, Rainbow Stone. Estimated amount is $660,000.00 and will be funded with Class 310 funds.

4. Authority Cited: FAR 6.302-2 Unusual and compelling urgency.

5. Reason for Authority Cited: SWL is undertaking the emergency closure of two breaches on

McLean Bottom Levee District No. 3's levee under the authority of PL84-99.

Rainbow Stone has the capability to provide transport the borrow material. It is in the best interest of the Federal Government to contract Rainbow Stone for the loading and delivery of material. Doing so expedites the repairs, as directed in ER500.1.1 Chapter 11 and EP500.1.1

Chapter 11.

To provide for full and open competition, would unduly delay the delivery of the borrow material critical for the emergency initial closure of two levee breaches. Closure of the levee breaches is critical for the protection of life and property, as well as protecting USACE projects that are parts of the levee system.

The repair at two breaches at McLean Bottom Levee District No. 3 is urgent and compelling due to the following considerations:

1) Additional flooding could happen at any time. Flows exceeding 140,000 cubic feet per second on the Arkansas River Ozark will result in water flowing through the breaches and causing additional damage to farmland, agricultural buildings, gas wells, and residences. This condition occurred on January 10-14, 2020, resulting in the flooding of several thousand acres.

This flow is common during spring flood season.

2) The initial repair, construction of setback levees, is being held up by the delivery of borrow.

MVK, River Operations Maintenance Section, has mobilized to the site to begin constructing a setback levee. The borrow has to be delivered to the site to effect the repair.

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Control No. SWL-20-01 for Other Than Full and Open Competition

6. Efforts to Obtain Competition: MVK River Operation Maintenance Section, who will perform the closures, is not able to transport the material in an expeditious manner.

7. Actions to Increase Competition: This requirement would normally be competed if not required under the current urgent circumstances. There is no necessary action required to increase competition.

8. Market Research: See Paragraph 6 above; no additional market research conducted. Market research would yield numerous trucking/hauling firms. However, due to the immediate ability of

Rainbow Stone to transport the borrow material, it is in the best interests of the Government to contract with Rainbow Stone for delivery.

9. Interested Sources: No other sources have expressed written interest.

10. Other Facts: The terms of the "COOPERATION AGREEMENT BETWEEN THE

UNITED STATES OF AMERICA and McLean Bottom Levee District No. 3 for

REHABILITATION OF A FEDERAL FLOOD CONTROL WORK", Articles II and III, dictate that the Non-Federal Sponsor (McLean Bottom Levee District No. 3) is responsible to provide suitable borrow material, this material is provided to the Government at Rainbow Stone.

11. Technical Certification: 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.

Signature: ____________________________________________ Date: ___________________

Name and Title: Blake Allred, Structural Engineer, for: Jonathan Palmer, Civil Engineer

12. Requirements Certification: 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.

Signature: ____________________________________________ Date: ___________________

Name and Title: Jonathan Gillip, Project Manager

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14 February 2020

14 February 2020

Control No. SWL-20-01 for Other Than Full and Open Competition

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price will be evaluated based on government cost estimate. Certified cost and pricing data will not be requested.

Signature: ____________________________________________ Date: ___________________

Name and Title: Jonathan J. Sawrie, Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ____________________________________________ Date: ___________________

Name and Title: Jonathan J. Sawrie, Contracting Officer

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