A02 - JA.Navajo.Nation.REDACTED.pdf

CUI//SP-SSEL Control Number: SPK-23-91

Justification for Other Than Full and Open Competition

Program: Material hauling for Erosion Mitigation at the confluence of the Chinle Wash and the Canyon De Chelly Wash on the Navajo Nation

Authority: 10 U.S.C. 3204(a)(2) as implemented by FAR 6.302-2 – Unusual and Compelling Urgency

Amount: $466,595.99

Prepared by: Steven Warren Contract Specialist Ernest.s.warren@usace.army.mil

Contracting Officer: Daniel E. Czech Environmental Section Chief

(916) 557-7012 Daniel.E.Czech@usace.army.mil

Technical Representative:

Patricia Rodriguez Natural Disaster Program Manager Public Involvement Specialist

Requirements Representative:

Patricia Rodriguez Natural Disaster Program Manager Public Involvement Specialist

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager FONTANET

Digitally signed by FONTANET

RODRIGUEZ.PATRICIA.SOFIA. RODRIGUEZ.PATRICIA.SOFIA.1523585

Signature: 1523585343 Date: 2023.05.02 09:13:00 -07'00'

Legal Counsel SCHARF.ROBERT Digitally signed by

SCHARF.ROBERT.W.1279577031

Signature: .W.1279577031 Date: 2023.05.10 08:40:42 -07'00'

CUI//SP-SSEL

(Source Selection information - See FAR 2.101 and 3.104-4) mailto:Ernest.s.warren@usace.army.mil mailto:Daniel.E.Czech@usace.army.mil

Control Number: SPK-23-91

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity:

U.S. Army Corps of Engineers (USACE), Sacramento District 1325 J Street Sacramento, CA 95814

2. Description of Action: This contract is for the delivery of gravel material intended to prevent erosion at the confluence of the Chinle Wash and the Canyon De Chelly Wash, which has caused flooding on the Navajo Nation reservation at Chinle, Arizona. The material will be used to reinforce an existing berm that has breached multiple times. This gravel material will prevent further erosion of the berm and confluence of the two washes, thereby lessening the possibility of flooding that would affect over 200 indigenous tribal people.

3. Description of Supplies/Services: Erosion at the confluence of the Chinle Wash and the Canyon De Chelly Wash calls for 143 cubic yards of gravel to be manufactured and trucked to the Navajo Nation at 4600 Navajo Route 7, Building #4600, Chinle, Az. The gravel to be delivered is #8, ½ inch minus. The gravel is not available locally and will have to be manufactured and trucked to the Navajo Reservation at Chinle, AZ.

USACE stockpiles do not include rock fill material.

4. Authority Cited: 10 U.S.C. 3204(a)(2) as implemented by FAR 6.302-2 – Unusual and Compelling Urgency

5. Reason for Authority Cited: Erosion at the confluence of the Chinle Wash and the Canyon De Chelly Wash, and breaches to an existing berm, has occurred frequently. The frequency of these occurrences, if not arrested, will cause probable flooding that will affect the homesites of over 200 indigenous Navajo tribal families, in a historically underserved community. Therefore, the location, manufacture, acquisition, and hauling of this material is to be accomplished with all haste due to unusual and compelling urgency.

6. Efforts to Obtain Competition: Due to the unusual and compelling urgency, competition is limited to D.H. Ortega Construction, with whom the U.S. Corps of Engineers has several recent successful experiences contracting for construction services.

7. Actions to Increase Competition: SPK will analyze the usefulness of establishing disaster response MATOCS and/or SATOCs for future efforts. These parent contracts will be competed, while allowing for rapid task orders during future urgent and compelling requirements.

8. Market Research: Market Research was conducted with great urgency in accordance with FAR 10.002(b)(2)(i), "Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements." Specifically, the Sacramento District engaged both the Albuquerque District and the Border Wall District for potential contractors to perform this effort, which lead to the identification of DH Ortega. Between the urgency of this action and knowledgeable individuals' previous experience, USACE is confident that our market research is as effective as possible.

The contractor, D.H. Ortega Construction has experience with Hesco Barriers from subcontract work performed on the Cedar Creek Emergency Flood Protection project, RFP number W912PL-16-R-0058. Also, D.H. Ortega Construction performed Emergency Flooding Duncan Rip Rap Placement on Task Order number W912PL-22-F-0105 in Duncan, AZ.

9. Interested Sources: D.H. Ortega Construction is a company located in Arizona that has performed similar work for U.S. Corps of Engineers in the recent past. D.H. Ortega Construction is familiar with the type of gravel needed and can source this scarce type of material. No alternative sources were solicited nor provided their interest in writing due to the urgency of this requirement.

10. Other Facts: In accordance with FAR 6.302-2(c)(1), the compelling urgency of the requirement resulted in a rapid contract award, and this justification is being prepared after-the-fact. The Contracting Officer, Daniel E. Czech, provided timely and thorough updates to the Acting Chief of the Contracting Office (COCO) throughout the correspondence exchanges, solicitation, clarifications, and verbal award by email of this purchase order.

Following is a narrative of the time line involved in fulfilling the need to prevent future flooding at a berm breach and bank erosion at the confluence of the Chinle Wash and the Canyon DeChelly wash on the Navajo Nation at Chinle, Az:

On March 14, 2023, the Sacramento District Emergency Operations Center (EOC) received a Request for Assistance letter from the Chinle Chapter of the Navajo Nation. The Chapter President indicated a berm had breached due to high flows along the Chinle Wash. The native soil making up the berm was quickly eroding, endangering the lives and property of 200 tribal residents who live in the flood zone.

Shortly after receiving the letter, the EOC had a phone call with the Chapter President, who requested HESCO barriers, sandbags, and fill material from USACE to close the breach. The EOC asked the Chapter President if the tribe had other means of acquiring fill material, to which the Chapter President responded no.

The EOC then contacted SPK Contracting to discuss if USACE could provide rock fill material to the tribe. After deliberation, both the EOC and Contracting determined there was an urgent and compelling need to provide the rock fill material as quickly as possible to the tribe:

(1) An active breach posed a risk to the lives and property of 200 tribal residents, who belong to a historically underserved and disadvantaged community.

(2) The tribe acquired HESCO barriers from USACE less than 24 hours after requesting assistance. HESCO barriers require fill material to perform effectively and divert flood flows. Without fill material, the tribe could not close the breach or place the HESCOs.

The tribe was waiting on the fill material to begin placing the HESCOs, which meant there was a need to acquire the fill material as quickly as possible.

Due to an urgent and compelling need, SPK Contracting leveraged emergency contracting capabilities and on March 17, 2023 an email was issued by Contracting Officer Daniel Czech to allow the contractor to begin work. The contractor was able to mobilize quickly and delivered rock fill material on March 20, 2023. That same day, the tribe began filling and placing HESCO barriers to begin closing the breach.

Advance planning or foresight was not possible due the nature of the emergency. SPK was notified of the need for rock fill material after the berm breached and lives and property were already at risk. The breach could not be closed until the rock fill material was acquired by the tribe.

11. Conclusion: The potential risk to the people of the Navajo Nation that would be caused by allowing farther erosion of the riverbank is enough to warrant a swift acquisition in this case. A contractor with proven experience and success with this kind of work was identified quickly, and due to the urgent nature of the project, an award was made. The risk to the government was too great to address this problem through standard methods. Despite the urgency, USACE was able to identify and select a small business to meet our needs. This contract will contribute to the district’s small business participation goals while also preventing catastrophe of flooding on the sovereign Nation of the Navajo people.

12. 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.

Program Manager - Patricia Rodriguez

FONTANET

RODRIGUEZ.PATRICIA.SOFIA.1

523585343

Signature

Digitally signed by FONTANET

RODRIGUEZ.PATRICIA.SOFIA.15235853

Date: 2023.05.02 09:15:21 -07'00'

13. 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.

FONTANET

RODRIGUEZ.PATRICI

Digitally signed by FONTANET

RODRIGUEZ.PATRICIA.SOFIA.152

3585343

Program Manager - Patricia Rodriguez A.SOFIA.1523585343 Date: 2023.05.02 09:15:59 -07'00'

Signature

14. Fair and Reasonable Cost Determination: Submitted contractor pricing will be deemed fair and reasonable based on a comparison to historical pricing, comparison to the Independent Government Estimate, as well as comparison to other similar contracts from past years. Certified cost and pricing are not required for this purchase in accordance with FAR 15.403-1(b)(3) When a commercial product or commercial services is being acquired.

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

Daniel E. Czech Contracting Officer

Signature

Digitally signed by

CZECH.DANIEL.EDWARD.101747

Date: 2023.05.04 05:06:26 -07'00'