A.03.10__FINAL_JA_-W912DR18C0021.pdf

UNCLASSIFIED//FOR OFFICIAL USE ONLY

Control No. NAB-18-023

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

W912DR18C0021

1. CONTRACTING AGENCY: The United States Army Corps of Engineers, Baltimore District, Baltimore, Maryland.

2. DESCRIPTION OF ACTION: In accordance with FAR 6.302-2(d)(5), this determination is being made after contract award, because it was determined that making the determination prior to award would unreasonably delay the acquisition. This requirement is for debris and sediment removal form Federally constructed improved channel associated with the Nichols NY Levee system due to storm damage located in Nichols, NY form storm event NY High Water 23 July 2017 event and is classified as an emergency rehabilitation action under Commander’s Declaration of District Emergency signed 14 Sep 2017. The contract must be awarded within 60 calendar days from the time the District receives project funding in accordance with ER 500-1-1, the goal is to restore project prior to next flood event/season. . Failure to complete this requirement will result in further project damage and threat to property and lives from flooding. Due to the time constraints and unique nature of this work being in an active flood control channel and the environmental regulations associated with that environment, this action was sole sourced to Mohawk Valley Materials, Inc, a Woman Owned Small Business (WOSB) rather than soliciting under full and open competition.

The type of funding provided for this action is for Fiscal Year (FY) 18 from Headquarters USACE for Emergency Rehabilitation under PL84-99. Under PL84-99 and the rehabilitation and inspection program, this Federally Constructed Flood Risk Management Project qualifies for rehabilitation assistance. The damage was in excess of regular operation and maintenance duties by the local sponsor. A Project Investigation Report (PIR) was completed to ensure repairs fall under the proper authorities and approved by NAD and HQ USACE. The total estimated construction cost for this project is $680,000.00.

3. DESCRIPTION OF SUPPLIES/SERVICES: The contract is for the installation of a silt fence and turbidity curtain as well as sediment and debris removal due to recent storm damage in Nichols, NY. The turbidity curtain may be field adjusted as necessary to accommodate work and reduce sedimentation within the stream. All erosion and sediment controls shall be installed prior to start of work and maintained daily as needed.

The work will result in returning the project to full channel capacity and return to a complete level of protection from designed flood events. In addition to sediment and debris removal, the work will also prevent further damage from future events by repairing impacted channel banks and armoring of inlet channels.

4. AUTOHRITY CITED: 10 USC 2304 (c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency

5. REASON FOR AUTHORITY CITED:

BACKGROUND

This requirement is for debris and sediment removal due to storm damage located in Nichols, NY and is classified as an emergency rehabilitation action under PL84-99. The contract must be awarded within 60 calendar days from the time the District receives project funding. The increased risk from Hurricane Season typical beginning in mid- September and continuing through early December and increased incidents of heavy rainfall events, leave an Urgent and Compelling need to return the Flood channel to its designed capacity as soon as possible. Failure to complete this requirement will result in further project damage and threat to property and lives from flooding.

JUSTIFICATION

This contract is being sole sourced to Mohawk Valley Materials, Inc. The Government has worked with this firm on projects of similar scope and urgency in the past. Mohawk Valley’s is familiar with the location and nature of work as they have performed similar work with USACE as part of a BPA Contract Vehicle and as a local contracting entity has the ability to immediately commence work.. Other contractors with this expertise are not local and would therefore create a delay in mobilization and lack of familiarity with area of concern. Additionally, the contract must be awarded within 60 calendar days from the time the District receives funding for the project. Failure to award the contract within this time frame would seriously injure the Government.

IMPACT

The current conditions pose a threat to the integrity of the project and its ability to protect from future floods. The increased risk from Hurricane Season and weather patterns, combined with the amount of time taken to provide all Engineering and Design work, leave an Urgent and Compelling need to return the Flood channel to its designed capacity as soon as possible. Failure to do this may result in further project damage and threat to property and lives from flooding due to project failure. The use of this method to repair the damage is the most effective in terms of time and efficiency.

6. EFFORTS TO OBTAIN COMPETITION: Based on the information provided in paragraph 5, efforts to obtain competition for these procurement are not feasible.

7. ACTIONS TO INCREASE COMPETITION: No actions will be taken to increase competition due to reasons stated in paragraph 5. Given the time sensitivity and unique nature of this work, the preferred acquisition strategy is to sole source the requirement to WOSB firm.

8. MARKET RESEARCH: Based on the information provided in paragraph 5, efforts to conduct market research for this procurement are not feasible.

9. INTEREST SOURCES: Not Applicable.

10. OTHER FACTORS:

a. Procurement History – Not applicable.

b. Acquisition Data Availability: Not applicable

c. Unusual and Compelling: Failure to award this action may result in further project damage and threat to property and lives from flooding due to project failure.

d. Subcontracting Competition: Not Applicable.

11. TECHNICAL CERTIFCATION:

“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: Date: _____________________

Title: Signature: _________________

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.”

Name: Murphy Date: _____________________

Title: Emergency Management Chief Signature: _________________

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. This determination will be based on comparison of the contractor’s proposal with the Independent Government Estimate.”

Name: Ashley Wingfield 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: Ashley Wingfield Date: _____________________

Title: Contracting Officer Signature: _________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement for Unusual and Compelling Urgency for construction, as defined in the Scope of Work, on an other than full and open competition basis pursuant to the authority of 10 U. S. C. 2304 (c)(2), “The agency's need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals ,” subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Name: ________________________________________ Date: ______________________