Justificaton and Approval FS-10 Km 0.6 FINAL.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, Eastern Federal Lands Highway Division (EFLHD).

2. Nature and/or description of the action being approved

This acquisition, Project Number PR FS 10 Slide KM 0.6 LC, Landslide Repair along FS-10 Km. 0.6 at El Yunque National Forest located in Rio Grande, PR is being requested under FAR Subpart 6.3 – OTHER THAN FULL AND OPEN COMPETITION, and will be sole sourced to:

LPC Contractors, Inc.

PO Box 99 PR-937 Km. 3.0 Bo. Boqueron Las Piedras, PR 00771

FS-10 provides the only terrestrial access to El Yunque Peak that houses telecommunication infrastructure that the Federal Aviation Administration (FAA), Department of Defense (DOD) and Department of Homeland Security (DHS) deemed nationally critical and essential for the national defense, air traffic control, and telecommunications in Puerto Rico. This roadway is critical to maintain terrestrial access to these facilities, which is necessary for their continued operations.

The El Yunque National Forest requested EFLHD to provide emergency repairs to Km.

0.6 of FS-10 in Rio Grande, Puerto Rico because of a landslide that was caused by the heavy rain during March 2020. United States Forest Service (USFS) and FAA personnel visited the site on March 30, 2020, assessed the damage, and prepared repair recommendations. After evaluating the findings from USFS and FAA, EFLHD agreed with the critical need to repair the road and further developed the design recommendations. Furthermore, Tropical Storm Isaias brought heavy rain to Puerto Rico on July 30, 2020 resulting in the landslide condition to worsen and the roadway to be compromised further.

This project is critical to allow safe and continued terrestrial access to the telecommunication facilities on El Yunque Peak.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value)

This project will perform the work required to repair the landslide at FS-10 Km. 0.6. The estimated cost for this effort is $614,000.

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 41 U.S.C. 3304(a)(2), Unusual and Compelling Urgency. Full and open competition need not be provided for Per FAR 6.302-2(a)(2) “When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.”

This action is for authorizing an expedited solicitation and award of a letter contract for Project Number PR FS 10 Slide KM 0.6 LC to repair the landslide at km. 0.6 of FS-10.

If this contract is not sole sourced and is instead done with competitive quotes, the “injuries” to the Government include but might not be limited to, delaying the repairs to the landslide, which could result in the landslide expanding and collapsing the road that provides the only terrestrial access to nationally critical and essential telecommunication infrastructure for national defense, air traffic control, and telecommunications in Puerto Rico. Daily access to these facilities is necessary for routine and safety inspections, maintenance, minor and major repairs, and other improvements by the multiple Federal, State and other private telecommunication entities. In addition, this road is of the highest importance for continued operation (fuel delivery) of the emergency generators that generally power these sites because of the vulnerable state of Puerto Rico’s Electrical Grid system.

Completion of the work included in this contract is anticipated by December 31, 2020.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited

It is necessary to procure this work as a sole source to ensure that it is completed in an accelerated manner, safely, and by qualified personnel. The contractor chosen for this work, LPC Contractors, Inc. (LPC & D, Inc.), has a history of performing similar work with the El Yunque National Forest, and has completed several jobs in Puerto Rico of a similar nature. Most recently, the contractor completed the repair of 4 similar landslides in El Yunque National Forest, and reconstructed the pavement and improved drainage on FS-10, after Hurricanes Irma and Maria. This contractor’s past history shows that they are capable and have sufficient equipment and staff to be able to complete the work safely and in the time frame desired. It is desired to complete this operation as quickly as possible to ensure that the roadway can be safely re-opened for traffic as soon as possible.

The El Yunque National Forest has requested that the work commence immediately.

These repairs will ensure that access to Puerto Rico’s telecommunication infrastructure at El Yunque National Forest is maintained. The damage caused by the rains has eroded the embankment adjacent to the road and has started to erode the roadway itself. If left unrepaired, additional erosion could worsen the slide and undermine this critical roadway making it unsafe and/or impossible to traverse.

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

None, and notice of this proposed sole source award is not required. This is a one-time emergency acquisition, which involves the emergency repairs to three landslides to allow safe passage of the people of Puerto Rico through this section of Rio Grande. LPC Contractors, Inc.. forces are currently available to do this work immediately.

7. Determination that the anticipated cost to the Government will be fair and reasonable

An Independent Government Estimate was prepared and will be used to compare the price from the sole source contractor.

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

EFLHD discussed the available qualified contractors with the El Yunque National Forest and determined that LPC Contractors, Inc. would meet the Government’s needs.

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

N/A

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

No source has expressed in writing an interest in this specific acquisition.

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.

This is one-time acquisition. Additional construction services are not anticipated upon completion of 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.

Daniel Camacho Date

Construction Operations Engineer

Thomas J. Scott, Jr. Date

Construction Engineer

Approvals Signature Page

Based upon the preceding information, I hereby recommend approval of this Justification for Other than Full and Open Competition to award a contract to LPC Contractors, Inc. for providing emergency repairs to the landslides along Km. 0.6 of FS-10 in Rio Grande, Puerto Rico.

Melvin Sloan, Contracting Officer Date Eastern Federal Lands Highway Division

Laurin Lineman, Chief of Engineering, Date

Milton Hsieh, Attorney/Advisor Date Office of Chief Counsel

Monique R. Evans, P.E. Division Director Date