A09-Redacted_J A_Willow_Pole_Final.pdf

Control No. SPK14-46

“REDACTED”

Justification and Approval for Other than Full and Open Competition

US Army Corps of Engineers, Sacramento District

April 17, 2014

1. Contracting Activity: U.S. Army Corps of Engineers, Sacramento District, Readiness Section, Sacramento, CA 95814-2922.

2. Description of Action: The requested action is a sole source follow-on to contract number W91238-12-C- 0048, to procure willow plantings mitigation services from Erick Ammon, Inc, using War Supplemental, PL-84- 99 Class 310 funds. Funding to exercise the option years was not available in November 2013 and the contract expired. The period of performance for all work under this non severable service will begin from the date of contract award and must be completed no later than 30 September 2015.

3. Description of Supplies/Services: A Performance Work Statement (PWS) has been prepared detailing the required sole source services. These services are summarized below:

Following high water events on the Sacramento River in 2006, the USACE initiated the process to conduct PL 84- 99 rehabilitation repairs. In 2007, the District received War Supplemental funding to initiate repairs; in January 2009, all construction repairs were completed. Since that time, the District has been conducting ESA consultation with the resource agencies (NMFS and FWS); based on the results of that consultation, we proceeded to develop a mitigation approach and a follow-on vegetation maintenance plan. The rehabilitation repairs resulted in adverse impacts to several threatened and endangered fish species by potentially reducing the habitat or reducing the quality of the habitat for both juvenile and adult migrating fish species. As such, installation of willows along approximately 5,700 linear feet of river bank is required to comply with the Endangered Species Act and mitigate for the potential loss.

The Sacramento District Levee Safety Officer (LSO), in coordination with the Project Delivery Team’s (PDT) geotechnical engineers, evaluated different methods of installing willows. Section 5 of this document discusses these in more detail. Installation of willow pole bundles or seedlings using the clamshell stinger methodology was determined by the LSO and PDT to be the only feasible method with a likelihood of long-term success to meet the requirements of the Endangered Species Act. This method was chosen in an effort to improve the chances of survival of the willows and minimize disturbance of the levee slopes. The clamshell stinger methodology will allow the Contractor to penetrate between two to four feet of riprap, and an additional two to three feet of soil; in doing so, the willow poles have better access to soil and water and thus increasing the odds of survivability.

The Contractor will be required to collect and install willow pole bundles or seedlings along 5,700 linear feet of river bank on the Sacramento River and its tributaries. The Contractor will install the willow poles or seedlings from the water or levee crown using the clamshell stinger methodology. The clamshell stinger must be able to penetrate two to four feet of riprap and an additional two to three feet of soil. The clamshell stinger methodology is required to improve survivability and due to its ability to minimize adverse risks to levee integrity and thus life safety. The clamshell stinger method, as described in paragraph 5 below is the only method that will meet the government’s requirement.

In February 2013, this exact methodology was used to plant along approximately 24,000 linear feet of levee, using the same contractor specified here. A barge was obtained by the contractor to complete this specific work item, and equipment was modified to suit this purpose.

Type of Contract: Service – Sole Source Type of Funds: Federal, War Supplemental, PL 84-99 Class 310

4. The statutory authority permitting other than full and open competition: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 253(c)(1) as authorized by FAR 6.302-1, and 13.501, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: As described in FAR 6.302-1(a) (2) (C) (ii), use of other than full and open competition is necessary because there is only one responsible source and no other supplies or services will satisfy agency requirements.

Only one responsible source

The proposed contractor has the unique qualification to perform the required service. The clamshell stinger methodology is a patented technology and the proposed contractor is the only source with the license to use the technology in the State of California.

Other services which would meet the agency’s requirements:

In order to obtain stated survivability goals in accordance with our Biological Opinion, we examined several options for planting willows including: hand planting, bucket planting, bar stinger planting, and the clamshell stinger planting.

Hand planting would require the labor intensive task of first moving the riprap by hand sufficiently so that a pry bar could reach the required depth into the soil. This method would dislodge most of the riprap that was placed during the initial construction thus making it difficult to ensure the riprap would be properly placed and compacted so as to ensure stability of the levee slope. Hand planting is extremely labor intensive, time consuming, and presents serious safety risks. Hand planting for the amount of linear feet required within the planting window in not a practical methodology.

Bucket planting involves installing willows that are planted in buckets. In order to install the buckets, the riprap would need to be excavated and the buckets would be placed at the bottom of the excavated riprap. This method requires the temporary relocation of the majority of riprap and, due to the length, would likely result in an open trench for entire reach. Bucket planting has been determined to pose unacceptable risks to levee integrity and is not an acceptable method of installing the willows.

The clamshell stinger methodology uses an elongated, clamshell probe attached to an excavator that is driven into the ground or surface. Once the clamshell has reached the required depth, the clamshell opens, creating a void, and a laborer places the bundle of poles through the clamshell to the required planting depth. The clamshell then retracts, and the hole and riprap, closes in around the planting. This method is the only option that will allow the willows to reach the desired 2-3 foot soil depth beneath 2-4 feet of riprap at the surface of the slope with minimal riprap disturbance. The clamshell stinger has been used in several locations in the West and Northwest with tremendous success albeit in slightly different conditions. Based on discussions with the installers in these locations, we gleaned lesson learned that we have incorporated into our specifications for installation.

Similar to the clamshell stinger, the bar stinger is an elongated, solid bar probe. The bar stinger would be driven through the riprap creating a space less that 6” in width. The bar would be extracted, and a manual laborer would place the pole in the space left by the rod. This method has been determined to be unacceptable as it cannot http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 provide the width required to plant the willow pole bundles. Additionally, there was concern that the hole would collapse in on itself, because once the bar is removed there is nothing to keep the hole open. Additionally, there were concerns that the pole would not be able to reach the desired depth of soil planting under the riprap. The bar stinger has been used extensively by the Natural Resources Conservations Service (NRCS). The PDT contacted the NRCS to determine if we could have a sister Federal agency perform the work. Based on discussions with NRCS we de determined that using a bar stinger would not be possible as it would not be able to penetrate the depth and size of riprap that is in place.

6. Efforts to Obtain Competition: For this action, no sources sought was performed, however, market research as discussed in Item 7 below, showed that only one contractor in the State of California is authorized to use the patented clamshell stinger methodology.

Erick Ammon, Inc. (EAI) is a Large Business entity from Salyer CA. EAI proposed the clamshell stinger process which was the only option acceptable due to the minimal footprint and disturbance to the levee slopes.

7. Actions to Increase Competition and Remove or Overcome Barriers to Competition: This is a one-time procurement that arose following high water events on the Sacramento River in 2006. The Endangered Species Act requires the Government to mitigation approximately 5,700 linear feet of river bank. However, in the event there is a reoccurrence of those conditions that were present in 2006, the Government will conduct continuous market research in order to find other Contractors who can provide these services as well as alternate technologies in an effort to promote competition. Notice of Intent to Sole Source will be posted on the Federal Business Opportunity via Army Single Face to Industry.