Approved JA MVK Waste water trmt system_Degray lake_Redacted.pdf

Control #: MVK-2023-0076

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency:

The U.S. Army Corps of Engineers (USACE), Vicksburg District (MVK) Contracting Office, 4155 Clay Street, Vicksburg, MS 39183-3435.

2. Description of Action:

This requirement is being procured as a Woman Owned Small Business (WOSB) sole source to Wastewater Depot, LLC, (WWD), 4446 State Route 132, Batavia, Ohio 45103-1229 (CAGE Code:8CQT8). The purchase request and commitment (PR&C) number funding this requirement is W807PM31861014.

3. Description of Supplies/Services:

USACE-MVK requires the supply and delivery of one wastewater treatment system with a design flow of 40,000 gallons per day The system shall be delivered to DeGray Lake within eight (8) months of the contract award.

4. Authority Cited:

This action is being executed under the authority of Federal Acquisition Regulation (FAR) 13.501, as authorized by the WOSB Program-15 U.S.C. § 637(m), and FAR 19.1506(b).

5. Reason for Authority Cited:

Per FAR Section 19.1506(b), the contracting officer shall consider a contract award to a WOSB concern [including Economically Disadvantaged WOSB concerns (EDWOSBs)] eligible under the WOSB Program on a sole source basis before considering small business set-asides (see FAR Section 19.203 and FAR Subpart 19.5), provided none of the exclusions at FAR Section 19.1504 apply and the conditions listed in FAR Section 19.1506(b) are met.

None of the exclusions listed at FAR Section 19.1504 apply to this action. Additionally, this procurement meets the conditions listed in FAR Section 19.1506(b) and (c), because it is assigned North American Industry Classification System (NAICS) code 221320, Sewage Treatment Facilities, in which The Small Business Administration (SBA) has determined that WOSB concerns are substantially underrepresented in Federal procurement and this effort is estimated to be below $4 million.

The contracting officer does not have a reasonable expectation that responsive offers would be received from two or more WOSB concerns (including EDWOSB concerns) based on market research. Market research has identified WWD as the only WOSB concern that is both interested and capable of supporting this requirement. WWD has the expertise required to support this requirement. No other WOSB demonstrated the ability to support this requirement.

6. Efforts to Obtain Competition:

Market research was conducted in which no other WOSB concerns were identified as capable of supporting this requirement. The Requiring Office identified WWD as a source with the expertise to support this requirement. WWD has successfully completed related requirements for USACE-MVK. Market research included contacting WWD to determine if they were interested in this requirement. WWD confirmed they are interested and capable of completing this requirement. A Notice of MVK’s intent to sole source this requirement to WWD was posted to the government point of entry, Sam.gov, on 25 July 2023.

Communication with the USACE-MVK small business representative further backed the findings that the WOSB socio-economic category is substantially underrepresented in the federal procurement category for NAICS 221320, Sewage Treatment Facilities.

7. Actions to Increase Competition:

USACE-MVK’s progress in fulfilling its WOSB socio-economic goals is currently and has historically been challenging. Therefore, MVK conducted market research to determine if there were any qualifying WOSBs (including EDWOSBs) with the capability to support this requirement. A notice of intent to sole source was posted to the government point of entry (SAM.gov) to allow vendors the opportunity to provide capability statements demonstrating that their company could support this action. MVK did not receive any WOSB or EDWOSB responses to the notice of intent. MVK will assess whether competition for future requirements is feasible and the applicable socio-economic category/categories to solicit competition amongst.

8. Market Research:

The Requiring Office identified WWD as a source with the expertise to support this requirement. WWD has successfully completed related requirements for USACE-MVK.

Market research included contacting WWD to determine if they were interested in this requirement. WWD confirmed they are interested and capable of completing this requirement.

Market research included reviewing GSA E-Buy. This review did not result in finding businesses that are able to meet the requirement.

MVK’s most recent similar projects include:

Contract: W912EE20P0071, Wastewater Treatment Plant for Arkabutla Lake, awarded on 20 September 2020 to Greenbriar Digging Services for $242,000.00. This requirement was solicited as a total small business set-aside under NAICS 33318. One quote was received from Greenbriar Digging Services (CAGE: 637F7), a small disadvantaged business concern.

Contract: W912EE20P0075, Wastewater Treatment Plant for Sardis Lake, awarded on 23 September 2020 to Greenbriar Digging Services for $328,000.00. This requirement was solicited as a total small business set-aside under NAICS 333318. Two quotes were received from Greenbriar Digging Services (CAGE: 637F7) and

MVK posted a notice on SAM.gov on 25 July 2023 identifying intentions of sole sourcing this project to WWD. The notice advised any firm or individual that believes it is capable of meeting the Vicksburg District’s requirements may submit a capability statement. Responses were received from neither source is an EDWOSB or WOSB concern.

Market Research determined the only WOSB contractor with the expertise to support this requirement is WWD.

9. Interested Sources:

WWD is an interested source. MVK posted a notice on SAM.gov on 25 July 2023 identifying intentions of sole sourcing this project to WWD. The notice advising any firm or individual that believes it is capable of meeting the Vicksburg District’s requirements described herein may submit a capability statement. Responses were received from neither source is an

EDWOSB or WOSB concern.

10. Other Facts:

There are no other facts.