(CUI) KO Determination - Limiting Competition under SAT_TRM155 Mussel Relocation (Redacted).pdf

CUI

Control No: LRN- FY26-12

Contracting Officer’s Determination – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: USACE Nashville District, 110 9th Ave S, Nashville, TN 37203

2. Description of Action: Mussel Relocation Services

Nature: New Request Follow-on Requirement

Contract Vehicle: Purchase Order Blanket Purchase Agreement (BPA) Order/BPA against FSS Contract # Order against Multiple Award IDIQ Contract # Order against a single award IDC Contract

Modification to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: FY 26 Civil Works

Name of Proposed Contractor(s) and Address:

Lewis Environmental Consulting, LLC.

223 Rocky Lane.

Farmington, KY 42040, United States

Brand Name Buy: Yes No

3. Description of Services or Supplies: The scope of work if for the relocation of endangered mussels from the Federal Navigation Channel in the designated dredge area of TN River Mile 155 also known as the Beech Creek area in Cliffton, TN and placement of the mussels in the designated area outside of the Federal authorized navigation channel located behind Beech Creek Island.

Controlled by: USACE

Controlled by: CELRN-CT CUI Category: PROCURE

Limited Designation Control: FED ONLY POC: Diana Namara, (615)736-5603

Period of Performance: Ten (10) Calendar Days Total Value: $

4. Authority: Select the appropriate authority below:

RFO 12.102(a): For acquisitions valued at or below the simplified acquisition threshold (SAT), document the decision that only one source is available and the basis for the decision.

Or

RFO 6.103-1 Only One Responsible Source RFO 6.103-2 Unusual and Compelling Urgency RFO 6.103-3 Industrial Mobilization, engineering, developmental RFO 6.103-4 International Agreement RFO 6.103-5 Authorized or Required by Statute RFO 6.103-6 National Security RFO 6.103-7 Public Interest

Or

RFO 16.507-6(b)(1) Urgency FAR 16.507-6(b)(2) Only one Awardee Capable; unique or highly specialized RFO 16.507-6(b)(3) Logical Follow-on RFO 16.507-6(b)(4) Minimum Guarantee RFO 16.507-6(b)(5) Authorized by Statute RFO 16.507-6(b)(6) Public Interest RFO 16.507-7(b) Brand Name

5. Reasons for Authority Cited:

a. The Federal navigation channel at Tennessee River Mile 155 is approximately 1000ft wide in this location. Due to shoaling over the years, the navigation channel has narrowed to approximately 280ft wide causing navigational issues for the commercial towing industry to safely transit this area of the river.

b. Due to capacity limitations on the LRD Mussel MATOC, LRN needs to solicit a Stand-Alone contract for the mussel relocation in time to award a dredging task order by the end of this fiscal year. The dredging work is required to reopen the navigation channel back to its authorized clearances.

c. Lewis Environmental Consulting LLC, conducted the original mussel survey for the TRM155 Beech Creek dredge project. The contractor is familiar with the area and the number of mussels needing to be removed from the dredge location. Sole sourcing the mussel relocation to Lewis Environmental Consulting will enable a timely completion to meet LRN’s dredging requirement and reopen the navigation channel. Soliciting this requirement as full and open will cause significant delays due to the environmental window to move the mussels, which is from June 1st to the end of August. Waiting until next year to relocate the mussels will increase the costs to dredge and reopen the channel which will impact shipping and commerce that rely on the channel to transport goods.

d. Additionally, it is likely that award to any other source would result in a substantial duplication of cost to the Government. Other contractors may need to conduct their own independent mussel surveys to verify the location of the mussels. This would delay the project and duplicate costs for the Government.

6. Publicizing Contract Actions: For RFO Part 12 actions, the public display and synopsis requirements of RFO 5.101 and RFO 5.301 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at RFO 5.101 .

Requirement to post justification in accordance with RFO16.507-7© Action is NOT a brand name restriction and is under SAT, no posting required Action is a brand name restriction, under $40K, no posting required Action is a brand name restriction, over $40K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $40K but will not be posted due to exception: RFO16.507-7(C)(3)

7. Market Research: A dynamic small business search was conducted on 1 April 2026 for Georgia, Illinois, Indiana, Kentucky, and Tennessee under NAICS 541620 and produced a limited number of small business vendors. The proposed action will be awarded on a sole-source basis to Lewis Environmental Consulting Group LLC. Due to time-sensitive environmental restrictions and the critical operational requirement to expedite the reopening of the navigation channel, award to any other source would result in unacceptable delays in fulfilling the agency's requirement and incur substantial duplication of costs to the Government that are not expected to be recovered through competition.

8. Other Facts: A Notice of Intent (NOI) to Sole Source a future contract was posted to SAM.gov on 6 April 2026 for five (5) calendar days. Only one (1) contractor responded to the NOI.

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

Date Assistant District Counsel Kathleen Miller

10. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification is accurate and complete to the best of my knowledge and belief.

4-21-26

Owen Traughber Date Lead Marine Information Specialist

11. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon comparison to the signed Government Cost Estimate.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise, been authorized for acquisition.

21 Apr 2026

Alison Abernathy Date Contracting Officer

Date: 2026.04.21 11:35:41 -05'00'