CA FLAP SR 89 SEZ Mitigation Justification for Other than Full and Open Competition FINAL redacted.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity

Department of Transportation, Federal Highway Administration, Central Federal Lands

Highway Division (CFLHD), 12300 Dakota Avenue, Lakewood, Colorado.

2. Nature and/or description of the action being approved Justification and approval for use of other than full and open competition to award a contract to Herback General Engineering for work related to fulfulling permitting requirements from the Tahoe Regional Planning Agency (TRPA) as part of the CA FLAP SR 89(1) Fanny Bridge Project.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value) The TRPA required “Stream Environment Zone (SEZ)” Mitigation due to the impacts along the Truckee River as part of the original CA FLAP SR 89(1) Truckee River Project (including the replacement of the Fanny Bridge). The mitigation includes placing plants along the Truckee River to improve the stream bank conditions. In addition to installing the plants, 3 years of monitoring and reporting is required to ensure the mitigation is established and becomes permanent.

The total estimated amount of this anticipated contract is XXXX to be expended by no later than October 30, 2026.

4. Statutory authority permitting other than full and open competition The authority to enter into a contract for this effort without full and open competition is in accordance with Federal Acquisition Regulation (FAR) Subpart 6.3. The specific authority that applies is FAR Part 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited Herback General Engineering has experience working with both CFLHD and TRPA and has successfully completed construction projects in the Tahoe Basin. SEZ mitigation work is environmentally sensitive and requires a contractor with successful experience completing projects in the Tahoe Basin. Herback General Engineering’s office is also located near Lake Tahoe.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized

At the time the mitigation credits work was required, Herback General Engineering was the only firm in the area that has met the conditions of the permit and that is available to complete the work. A Request for A Notice of Intent to Sole Source will be posted on Government-wide Point of Entry (GPE).

7. Determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable

CFLHD will ensure that all costs associated with the proposed contract are fair and reasonable. CFLHD will perform a thorough analysis of the Offeror’s proposal by comparison to an Independent Government Estimate (IGE) to substantiate this determination. The IGE included a cost analysis than can be used to compare to the Offeror’s proposal, and was based on historic data from similar requirements in the Tahoe Area.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted

The original contractor for the CA FLAP SR 89(1) Truckee River Project was Martin Brothers Construction. The contractor did not successfully complete the required SEZ Mitigation in accordace with the TRPA permit. TRPA has since approved CFLHD to relieve the previous contractor of fulfilling the requirements of the permit and are requiring CFLHD to have another contractor in place to start the SEZ Mitigation work by Fall of 2023. Herback General Engineering recently completed the CA FLAP SR 89(2) Meek’s Bay project. Option X of that project had work that was successfully completed within the CA FLAP SR 89(1) Fanny Bridge project limits, and they are currently working on CFLHD projects in the same area. Herback General Engineering has prior success completing project in the Tahoe Basin and is the most qualified contractor and will be able to complete the work quickly as required by TRPA.

9. Other facts supporting the use of other than full and open competition

Herback General Enginering is available to complete the work per the schedule requirements of the contract and TRPA permit.

10. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

There are no vendors that have expressed interest in the acquisiton.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

There are no actions available to remove or overcome the barriers. This requirement is specific to the project area and the permit constraints for the project.

12. Certification

I certify that the information provided in this justification is complete and accurate to the best of my knowledge and belief.

Matt Ambroziak Date Project Manager/COR

Leslie Karsten Date Contracting Officer

MATTHEW J

AMBROZIAK

Digitally signed by MATTHEW J

AMBROZIAK

Date: 2023.07.25 13:56:28 -06'00'

Digitally signed by LESLIE N

KARSTEN

Date: 2023.07.25 13:57:58 -06'00'