Final_JA_8-20-19.pdf

Control No: LRP19-05R

For Official Use Only

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: CONTROL NO: LRP19-05revised

A Firm, Fixed-Price Construction Contract to provide Emergency Temporary Surface Water Controls, Maintenance Building Concrete Pad Sink Hole, Allegheny L/D No. 4

AUTHORITY: 10 USC § 2304(c)(2) as implemented by FAR 6.302-2, Unusual and Compelling Urgency

AMOUNT: $356,102.00

PREPARED BY:

CONTRACT SPECIALIST

NAME: David Lahey

PHONE: (412) 395-7114

DATE: 8/20/2019

CONTRACTING OFFICER

NAME: Joshua Kaufmann, BCC, Pittsburgh District

PHONE: (412) 395-7508

DATE: 8/20/2019

TECHNICAL/REQUIREMENTS

NAME: Timothy Sturm

PHONE: (412) 395-7560

DATE: 8/20/2019

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

DISTRICT SMALL BUSINESS SPECIALIST

SIGNATURE:

NAME: Sherrie Plonski

DATE: 8/20/2019

PHONE: (412) 395-7127

DISTRICT COUNSEL

SIGNATURE:

NAME: Richard J. Sprunk

DATE: 8/20/2019

PHONE: (412) 395-7495

CONTRACTING OFFICER

SIGNATURE:

NAME: Joshua Kaufmann

DATE: 8/20/2019

PHONE: (412) 395-7508

Justification for Other than Full and Open Competition

1. Contracting Activity: United States Army Corps of Engineers (USACE), Pittsburgh District (CELRP-CT), 1000 Liberty Avenue, Pittsburgh, Pennsylvania 15222.

2. Description of Action: The proposed action is for a Firm-Fixed-Price (FFP) Contract for Emergency Temporary Surface Water Controls for the Maintenance Building Concrete Pad Sink Hole at Allegheny River Locks and Dam No. 4.

3. Description of Supplies/Services:

a. This contract provides removal of concrete slabs to expose the underlying sink hole, backfill the sinkhole with aggregate, excavation for and installation of a precast inlet box and piping to collect storm water flow from the existing two (2) 36-inch diameter storm water control pipes, and installation of a pump and 8-inch pipe at the Allegheny River Lock & Dam 4 (AR4).

This scope will also include the performance of an inspection of the two (2) 36-inch diameter storm water control pipes beneath AR4 via remote-operated camera. A CD of the video inspection shall be provided along with a mapping diagram depicting the location of the pipes, crack/joints separation, additional pipes or inlets, and additional sinkholes. The Contractor shall provide all equipment and materials necessary to complete the work as shown and as specified.

The estimated total value of this requirement is $356,102.

4. Authority Cited: 10 USC § 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency. The agency’s need for the services is of such an unusual and compelling urgency that delay in award may result in the loss of property and injury to the Government.

5. Reason for Authority Cited: The lockmaster at Allegheny L/D No. 4 was alerted to the development of a sinkhole on the property immediately to the south (downstream) of USACE property in late May 2019. The private property owner took steps to remediate the sinkhole with no success. The off-site sinkhole expanded considerably in early July 2019 after multiple heavy rain events. When USACE Operations personnel began investigating whether the off-site sinkhole had caused damage to USACE property, they discovered a sinkhole on USACE property beneath the concrete parking area. This sinkhole on USACE property was not readily observable because the ground surface in the vicinity is covered by concrete pavement. Dye testing of the pipes was unable to provide any additional information. In order to prevent further damage to Corps’ property from the water that ordinarily runs through the two 36” pipes underneath the parking lot, the water must be diverted / pumped from those pipes into the Allegheny River at an alternate location.

The Maintenance building has been placed off-limits to AR4 personnel who work in it, due to fear of the sinkhole expanding and causing an increased risk of injury to people and property.

6. Efforts to Obtain Competition: Due to the unusual and compelling nature of this requirement as discussed above, it is not feasible to procure this action using full and open competition. As such, the synopsis is waived in accordance with FAR 5.202(a)(2). The drawn-out timeframes from advertisement to award would exponentially increase the risk of injury to person and property. In an effort to obtain as much competition as possible while still operating on an extremely shortened timeline, the Contracting Officer requested Construction and Technical personnel from the Pittsburgh District to identify Small Business firms that can respond quickly to our solicitation and mobilize and begin work quickly; that have performed similar work with the Pittsburgh District in the past; are that are known to provide quality and timely work.

A Request for Proposal (RFP) will be prepared and sent to a limited number of companies all identified as small businesses and a subcontracting plan will not be required.

7. Actions to Increase Competition: No additional actions have been taken to date. A future large-scale permanent repair is anticipated to be procured by the USACE Pittsburgh District utilizing full and open competition procedures.

8. Market Research: As stated in paragraph 6, several small business vendors will be contacted to submit proposals for this work.

9. Interested Sources: FAR 5.202(a)(2) allows an exception for publishing proposed contract action notices required by FAR 5.201. The exception is unusual and compelling urgency and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203. This J&A will be made publicly available on FedBizOpps (www.fbo.gov) within 30 days after contract award in accordance with FAR 6.305(b).

10. 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.

NAME: Timothy Sturm SIGNATURE:

TITLE: Civil Engineer DATE: 08/20/2019

11. 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.

NAME: Stephen Fritz SIGNATURE: __________________________

TITLE: Project Manager DATE: 08/20/2019

Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The basis for this determination is that Request for Proposals will be solicited from several vendors and adequate price competition will be obtained. An Independent Government Estimate (IGE) will also be prepared.

NAME: Joshua Kaufmann SIGNATURE: ___________________________

TITLE: Contracting Officer DATE: ________________________________

12. Contracting Officer Certification:

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

NAME: Joshua Kaufmann SIGNATURE: ___________________________

TITLE: Contracting Officer DATE: ________________________________

08/20/2019

08/20/2019

Approval

Based on the foregoing justification, I hereby approve the procurement of emergency construction to provide temporary water surface controls on the Maintenance Building concrete pad sinkhole at Allegheny River L/D No. 4 on an other than full and open competition basis pursuant to the authority of 10 USC § 2304(c)(2) as implemented by FAR 6.302-2, Unusual and Compelling Urgency, subject to the availability of funds and provided the services herein described have otherwise been authorized for acquisition.

Joshua Kaufmann SIGNATURE: ___________________________ Contracting Officer

DATE: ________________________________