JA_UMBRA Support to UMRR_REDACTED_13Jan23.pdf

Control Number: MVR-23-001

(Source Selection information - See FAR 2.101 and 3.104-4)

1 AUG 2022

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: The primary objective of this contract is to provide support services to the Corps' Upper Mississippi River Restoration (UMRR) Regional Program Manager (RPM) and UMRR partner agencies, to coordinate and facilitate UMRR Coordinating Committee (CC) quarterly, supplementary, and additional support meetings as well as workshops.

Authority: 10 United States Code 3204(a)(1) as implemented in FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $653,315.55 is the IGE for the base period with three option periods.

Prepared by:

Contracting Officer:

Technical and Requirements Representative:

(Source Selection Information - See FAR 2.101 and 3.104-4)

AUG 2022

Reviews

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

Program Manager

Legal Counsel

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity:

U.S. Army Corps of Engineers (USACE), Rock Island District (MVR), Rock Island, Illinois.

2. Description of Action:

This requirement will result in a Firm-Fixed-Price service contract with the Upper Mississippi River Basin Association (UMRBA), a Sec. 501(c)(3) organization. Award of the contract is anticipated in Fiscal Year (FY) 2023 and will include a base period with three option periods, with the duration of each period of performance being one year.

3. Description of Supplies/Services:

The primary objective of this contract is to provide support services to the Corps' Upper Mississippi River Restoration (UMRR) Regional Program Manager (RPM) and UMRR partner agencies by coordinating and facilitating UMRR Coordinating Committee (CC) quarterly, supplementary, and additional support meetings, as well as workshops. The contract will include a base period with three option periods.

Base Period: 12 months Value: $ Option Period 1: Additional 12 months Value: $ Option Period 2: Additional 12 months Value: $ Option Period 3: Additional 12 months Value: $ Base and all Options: 48 months Total: $653,315.55

4. Authority Cited:

10 United States Code 3204(a)(1) as implemented in FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

The UMRBA is a multi-state organization that the US Army Corps of Engineers was authorized to contract with pursuant to WRDA 1986 Section 1103(d)(1), which says that the consent of the Congress is hereby given to the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or more of such States, to enter into negotiations for agreements, not in conflict with any law of the United States, for cooperative effort and mutual assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River system, and to establish such agencies, joint or otherwise, or designate an existing multi-State entity, as they may deem desirable for making effective such agreements. The UMRBA is the only entity so designated by the States for this purpose. Being the only entity so designated, the UMRBA staff is uniquely qualified to provide the required technical and coordination support to the UMRR Program for this effort. As a liaison between the states and federal agencies, the UMRBA sifts through issues and identifies problems in an objective manner.

The comprehensive master plan for the management of the Upper Mississippi River System, dated January 1, 1982, prepared by the Upper Mississippi River Basin Commission and submitted to Congress pursuant to Public Law 95-502; recommended agencies enter into cooperative agreements with the Upper Mississippi River Basin Association to promote and facilitate active State Government participation in the river system’s management, development, and protection.

6. Efforts to Obtain Competition:

Pursuant to WRDA 1986 Section 1103(d)( 1), which says that the consent of the Congress is hereby given to the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or more of such States, to enter into negotiations for agreements, not in conflict with any law of the United States, for cooperative effort and mutual assistance in the comprehensive planning for the use, protection, growth, and development of the Upper Mississippi River system, and to establish such agencies, joint or otherwise, or designate an existing multi-State entity, as they may deem desirable for making effective such agreements. The UMRBA is the only entity so designated by the States for this purpose; therefore, no effort was made to obtain competition.

7. Actions to Increase Competition:

A notice of intent to sole source will be posted on SAM.gov in accordance with FAR Subpart

5.2. Any response received in relation to this notice will be evaluated. If another vendor’s capabilities are determined to meet the Government’s requirements then another acquisition strategy will be sought. Competition is not anticipated due to the nature of multi-state coordination work and by the recommendation of Public Law 95-502.

8. Market Research:

Market research determined this requirement for the Upper Mississippi River Basin Association to be mandated by Congress in accordance with the Upper Mississippi River Restoration Authorization, section 1103 of the Water Resources Development Act of 1986.

9. Interested Sources:

To date no other sources have expressed interest in the support services contract; however, this service contract has always been awarded as a sole-source contract and no other sources have been sought.

10. Other Facts:

a. Procurement History - W912EK-10-C-0010; Support Staff for Support Services EMPCC; 2010 to 2014;

Authority previously cited: 10 U.S.C. 2304(c)(1)

W912EK-13-C-0001; Support Staff for Support Services EMPCC; 2013 to 2017;

Authority previously cited: 10 U.S.C. 2304(c)(1)

W912EK-18-C-0005; Upper Mississippi River Restoration Support Services;

2018 to 2022; Authority previously cited: 10 U.S.C. 2304(c)(1)

11. 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.

12. 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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The basis for this determination will be price analysis and comparison to the IGE. Certified cost or pricing data will not be required.

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

Approval

Based on the foregoing justification, I hereby approve the procurement of Upper Mississippi River Association support services to the Upper Mississippi River Restoration program for the estimated total contract amount of $653,315.55 on an other than full and open competition basis pursuant to the authority of 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(i)(B), Offers a concept or services not otherwise available to the Government subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.