JA Sole Source Modification PIT Interrogation System.pdf

v4, 5 Jan 2015; previous version obsolete

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $750K)

1. Agency/Contracting Activity: U.S. Army Corp of Engineer, Portland District, 333 SW 1st Ave #200, Portland, OR 97204

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number: W9127N22P0050

Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds: IIJA

Proposed Contractor:

MCMILLEN, LLC

MCMILLEN JACOBS ASSOCIATES

1471 W Shoreline Dr Ste 100 Boise, ID 83702-9104

3. Description of Services or Supplies:

This proposed action is for PIT Interrogation System Data Management commercial services to be performed by the incumbent contractor. The required data collection services include the tasks listed herein.

1. Daily data downloads from the PIT Interrogation System Master Controllers or individual antennas and upload the data to the Columbia Basin PIT Tag Information System (PTAGIS) internet site (https://www.ptagis.org/). Data must be downloaded from all antennas and uploaded to the PTAGIS website at least one daily.

2. Provide cellular service to remotely access the Master Controllers and PIT antennas to download data. SIM cards from the cellular service can be inserted into the cellular modem on each Master Controller or PIT antenna, allowing internet connection to the Master Controller or PIT antenna.

3. Perform daily system maintenance of the PIT Interrogation System to include complete diagnostic check on the system, monitor the diagnostic data, and evaluate if the entire PIT Interrogation System is functioning and collecting data. Interpret the diagnostic data and perform system restarts if any of the Master Controller or antenna is not functioning and collecting data. If remote reboot is not successful in restoring system function, then the Contractor must travel to Lebanon Dam as early as possible to physically diagnose and restore system functionality to avoid large gaps in data collection.

Submit a letter report to at the end of the contract completion date documenting accomplishments for the prior six months. Include date and time of the daily PIT data downloads from the PIT Interrogation System and uploads to the PTAGIS website, and diagnostic checks. Include any troubleshooting, system restarts or other work conducted during the reporting period.

Period of performance:

The estimated start date: 30 September 2022 The existing contract completion date: 23 May 2023.

The total estimated value of the proposed action is $25,000

4. Authority: Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)

FAR 13.501(a)(1): For actions for commercial supplies or services greater than the SAT but not exceeding $7M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is the Test Program for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903)

5. Reasons for Authority Cited:

Background information:

Current contract scope includes the design, fabrication, and installation of a PIT interrogation system at Lebanon Dam. The injunction issued by the U.S. District Court for the District of Oregon in the case of NEDC v. USACE requires USACE to complete installation of the system as soon as possible in 2022.

Research, monitoring, and evaluation plans incorporated into the injunction contemplate the operation of the PIT interrogation system for data collection and reporting during the implementation of operational fish passage measures on the South Santiam River beginning in fall 2022. The fall spill operation at Foster Dam for juvenile fish passage is anticipated to commence on October 1. The system will be installed and operational in late September as required by this contract, but the contractor will be performing calibration and performance tuning during the months following installation. While the system will technically be operational during the calibration and performance tuning, USACE acceptance of the system will not occur until after the performance and efficacy tuning is complete and a letter report delivered. Because USACE will not have accepted the system before data collection must begin, it would be unreasonable for a separate contractor to manage and upload data from the PIT interrogation system into the PITAGS database. The PDT proposes modify the contract to require the contractor perform this daily data management as soon as the system is operational through the contract completion date provided above.

Justification:

The PIT interrogation system will technically be operational during the calibration and performance tuning by the contractor, but USACE acceptance of the system will not occur until after the performance and efficacy tuning is complete and a letter report delivered. Because USACE will not have accepted the system before data collection must begin as contemplated by the injunction, it would be unreasonable for a separate contractor to manage and upload data from the PIT interrogation system into the PITAGS database.

Therefore, the current contractor is the only reasonably available entity to perform this daily data management as soon as the system is operational through the contract completion date.

Impact:

Research, monitoring, and evaluation plans incorporated into the injunction contemplate the operation of the PIT interrogation system at Lebanon Dam for data collection and reporting during the implementation of operational fish passage measures on the South Santiam River beginning Fall 2022. Without data management services performed by the incumbent contractor, the Corps will not be able to collect and report PIT tag data during implementation of the fall juvenile fish passage measure being conducted at Foster Dam beginning October 1, 2022 in compliance with the injunction.

Alternatives:

N/A

6. Actions to Increase Competition:

A Notice of Intent (NOI) for Sole Source action will be synopsized on System of Award Management (https://sam.gov) for this proposed modification. The NOI will be opened for seven (7) calendar days for public response. This justification will be attached to the NOI to support the Government intent.

7. Market Research:

N/A

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: ______________________ Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale:

9. Additional Facts and/or Information to support the justification.

N/A

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

Submitted by:

SIGNATURE: ______________________________ DATE: _______________

NAME Jessica L. Kettelkamp, P.E.

TITLE Technical Lead

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination is as follows:

The proposed modification action shall be awarded as a firm-fixed price lump sum amount for the data collection commercial services. Applicable furnished supplies are awarded based on the market prices. Labor prices are awarded based on appropriate labor categories and manhours needed for work. Overhead and other indirect prices/costs shall be built in proposed prices for supplies and services.

12. Contracting Officer’s Approval (actions less than $750K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Validated by ________________________

SIGNATURE: ________________________ DATE: ___________________

NAME: Khuong Nguye___n TITLE: Procuring Contracting Officer

Approved by _________________________

SIGNATURE: _________________________ DATE: ____________________

NAME: Patrick P. Col____lins TITLE: Special Projects Branch Chief