Penniman Lake Single Source Determination.pdf

DON SAP SINGLE SOURCE

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, 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).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The Government has an urgent requirement to repair the Penniman Lake dam at Yorktown Naval Weapons Station – Cheatham Annex. The immediate concern is the primary spillway. The downstream portion of the spillway pipe has failed, and the remainder of the system is corroded.

The corrugated metal has exceeded its service life. The steel inlet weir is deteriorated and failed in two locations. The repairs required include rehabilitation of the existing spillway using HDPE pipe, restoring and armoring the downstream slope and plunge pool, and fabricating and installing a new weir inlet inside the existing system. The estimated cost for this procurement is $170,000.00.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. .

C. _X__UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such 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.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: 25 March 2020

2. Required delivery date/period of performance: 60 Days after Contract Award

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

(a) The statutory authority cited above is applicable due to the emergency nature of the work required to restore the Penniman Lake Dam to continued, safe operation. The repairs required include rehabilitation of the existing spillway using HDPE pipe, restoring and armoring the downstream slope and plunge pool, and fabricating and installing a new weir inlet inside the existing system. Bander Smith, Inc., VA is a certified and licensed marine contracting firm that specializes in dam repairs, and is therefore considered more than capable of completing the required repairs in an expeditious manner.

(b) The repairs required exceed the capabilities of Public Works Department personnel.

Once it was determined that the primary spillway pipe was failing, market research was conducted to identify possible sources for the services. Bander Smith, Inc., is a known provider of the type of repairs required, they are certified and licensed as a marine contracting firm that specializes in dam repairs, and they are a regular provider of such for commercial, industrial and government.

(c) FAR Paragraph 6.302-2, “Unusual and Compelling Urgency”, Sub-section (b) specifically justifies that a contract can be awarded without full and open competition when “delay in award of a contract would result in serious injury, financial or other to the government”. The repairs to the Penniman Lake Dam are required to alleviate potential economic, social, and environmental impacts of dam failure. The repairs are critical to mitigate further damage and erosion to the stilling basin at the downstream toe of the dam.

A dam with a flood pool that cannot be used because of structural concerns could increase flooding downstream during storm events, which could result in the destruction of residential, commercial, industrial, and structures, equipment, and infrastructure, as well as injuries and loss of life at Yorktown Naval Weapons Station – Cheatham Annex.

(d) Bander Smith of Richmond, VA, was contacted initially on 14 April 2020 by Susan Kuncken, concerning the emergency repair requirements for the Penniman Lake Dam at Yorktown Naval Weapons Station – Cheatham Annex.

4. If appropriate, include any additional pertinent information.

This action is a unique one-time emergency requirement to repair the Penniman Lake Dam and no further work of this nature is contemplated.

IV. CERTIFICATIONS/APPROVALS:

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Vance Melanson 757-256-1402 15 April 2020

Signature Name (Printed) / Phone # Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Susan Kuncken 757-887-4705 15 April 2020 Signature Name (Printed) / Phone # Date