W9127826RA033 JA_Redacted.pdf

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J&A Control # 25-0019

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Justification and Approval (J&A) For

Other Than Full and Open Competition

Contracting Activity: U.S. Army Corps of Engineers (USACE), Directorate of Contracting, Mobile Regional Contracting Center, 100 Canal St., Mobile, AL 36602.

Description of Action (Solicitation Number: W9127826RA033): Approval is requested to award a new firm fixed price (FFP) sole source contract. The funding used for this action is 96x3123 Operation & Maintenance Civil (Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL)). The required installation of the Water and Sewer Utility lines must be awarded on a sole source basis in accordance with (IAW) the Bartow County Waste Treatment Ordinance [Code section 74, Article III] Bartow County Water Service and Conservation Ordinance [Code section 74-31 et seq.] and the Bartow County Zoning Ordinance [Code Appendix A]., herein after referred to as the "Code". The proposed contractor is Bartow County Water Authority, Cage Code 3BLT2, 50 Nelson Street Cartersville, GA 30120.

The proposed solicitation number is W9127826RA033.

Description of Supplies/Services: Install a sanitary sewer system connecting Campgrounds, 41#3, McKaskey and 41# 1 day use area of the Allatoona Lake Project to the Bartow County sewer system. Construction will be an estimated cost of . The completion date for this requirement will be approximately 24 months from contract award.

Authority Cited: 1

Reason for Authority Cited:

Background: Bartow County Water Authority (BCWA) is the only utility service provider to operate in the Bartow County areas of the Allatoona Lake Project. Therefore, the only source available to provide municipal sewage treatment including the construction and installation of those sewage lines is the Bartow County Water Department (BCWD).

Old Highway 41(sites # 1 and #3), and McKaskey campgrounds at Allatoona Lake in Bartow County, Georgia use 15 separate septic tank/drain fields to accommodate needs for solid waste disposal. The current system for treating solid waste was installed in the 1960’s to accommodate load capacity for 1960’s era recreational vehicles (RV’s). Modern RV’s have quadrupled the capacity black water tanks which, when discharged into a 1960’s capacity system, overload the systems’ ability to function in accordance with Environmental Product Declaration (EPD) guidelines. In an effort to maintain compliance with EPD requirements, the septic tanks are pumped out on a weekly basis. As these systems continue to age and exceed their original design capacity, there is an increasing

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potential for compliance failure issues which are becoming more probable as time passes.

Compliance failure of any of these 15 septic systems would result in the closure of the campgrounds. Historically, the campgrounds generate approximately $264,000 annually from visitors. The potential failures due to the continued usage of the campground without modification to the current wastewater system precipitate the need for establishing county sewer connection and service.

BCWA provides water to Old Highway 41 (sites # 1 and #3), McKaskey campgrounds, and other USACE locations around the Allatoona Lake Project under other USACE utility contracts. Bartow County is the only known source to provide the required utility services and connections to BCWA. As indicated in an email from BCWA Director, , dated September 19, 2025 (attached), the proposed sewer system for the subject campgrounds must be engineered, designed and constructed to standards compatible with BCWD’s existing sewer system and County regulations. Furthermore, BCWA asserts that they are the only source authorized to extend their sewer system, both on and off Corps property.

b. Justification: As per Sec. 74-257 of the Code of Bartow County, “Any applicant for development or construction of any subdivision, or any commercial or industrial use, shall abide by this article, and the county water department development procedures, which are incorporated herein by reference and made a part of this article. The applicant shall review other applicable ordinances including, but not limited to, the Bartow County Waste Treatment Ordinance [Code section 74, Article III] Bartow County Water Service and Conservation Ordinance [Code section 74-31 et seq.] and the Bartow County Zoning Ordinance [Code Appendix A], to determine if they are applicable to the particular development.”

As per Sec. 74-255 of the Code of Bartow County, “This article shall apply to all users of the publicly owned treatment works. The article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.”

As per Sec. 74-274 of the Code of Bartow County, “No unauthorized person shall maliciously, willfully, negligently, uncover and or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.”

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The requirement for BCWA to perform all work necessary to bring sewer utility services to these recreational areas requires work to be performed both on and off Corps property.

RFO 6.103-1(b) authorizes this sole-source requirement. BCWA is the only entity that can provide the required sewer and water utility services. Therefore, per the aforementioned Code, BCWA is the only utility service provider authorized by the State of Georgia to operate in the areas of the Allatoona Lake Project. BCWA has indicated that any work performed outside their purview would not be approved to connect with their county sewer system.

c. Alternatives:

(1) No Action Alternative: USACE will continue to pump out the existing septic systems weekly at an annual cost of approximately . Although this alternative does not require any action outside of current practices, it does not address the potential failure to pass EPD tests which would require the sites to be taken out of service.

(2) Alternative 1: USACE to increase septic tank size and drain fields. This alternative is not feasible due to the lack of permeable soil conditions required to support an increased tank size and associated drain fields. Soil conditions at the sites are primarily rock, clay-rich, and metamorphic. These types of soils have poor drainage properties and will not support any increase in capacity for sand and filter type septic systems. Therefore, increasing septic tank size and drain fields for these areas is not a viable option.

(3) Alternative 2: USACE to install compact sewage treatment plants. The costs to install compact sewage treatment plants can range from $600,000 to $1,000,000 plus ongoing annual maintenance costs of $50,000 each. Due to the layout of these campground sites, it is estimated that four such units will be required. If these plants were to be installed, the estimated startup cost would be a range of $2,000,000 to $4,000,000 installed and an additional $200,000 in annual maintenance costs. This alternative is rejected due to its extraneous start up and maintenance costs.

d. Impact: As noted above, the current septic system is at a stage where it requires costly weekly maintenance to continue to be functional and is approaching the end of life for the systems. By not connecting to BCWD, the current system will continue to degrade with a high probability it will ultimately fail to provide the needed services specifically due to the age of the systems combined with the overuse of the capacity of the existing systems.

This failure will likely facilitate the closure of the subject campgrounds. In addition, alternatives to upgrade the existing sanitary sewer system were considered. It was determined that these alternatives were more costly and less effective than connecting to BCWD. Therefore, the most cost beneficial and functionally efficient solution is to connect to BCWD.

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6. Efforts to Obtain Competition:

a. Effective competition: In accordance with Class Deviation 2026-O0017 RFO DFARS PGI 206.103-170(d) (Prior DFARS PGI 206.302-1(d)) a sources sought notice was published in Contracting Opportunities in Sam.Gov on 18 November 2025 with a response date of 3 December 2025 for interested parties to respond. One company, Cedarville Engineering Group, LLC (CEG), responded to the sources sought notice. They provided three projects of experience to demonstrate their capability. The projects submitted are neither relevant to the magnitude of the work or the jurisdictional requirements for the area where the work will be performed. Therefore, the company does not appear technically capable of performing the work. No competition is anticipated for this procurement because competition would be inconsistent with the county Code governing the provision of wastewater treatment. No General Services Administration (GSA) area wide contract, no interagency agreement, and no other means of obtaining these services are available.

b. Subcontracting competition: The BCWD maintains an internal list of approved utility contractors that are used solely by BCWD to work on its sanitary sewerage systems for construction and repair purposes only. These contractors are not capable of providing the necessary design and engineering services to satisfy the entirety of the work. Therefore, the solicitation is not able to be sent directly to the approved contractors as they cannot satisfy the totality of the requirement. In order to qualify to perform work on the BCWD systems, contractors must have State Utility Contractor’s License, proper insurances, and references. Many of these approved contractors are not registered in SAM.Gov. Only three of these contractors are registered as small businesses. None of which can satisfy the total requirement. Once work on sewer main lines is complete, BCWD has sole responsibility for operations and maintenance. The BCWD performs all design and engineering as well as installation for quality control and quality assurance reasons.

Because there is an opportunity for subcontracting present, a subcontracting plan will be required as part of the solicitation.

7. Actions to Increase Competition: Due to the statutory restriction regarding the source for sewer services, there are no possible actions to be taken to increase competition for subsequent acquisitions.

8. Market Research: Market research was conducted which affirmed that BCWD is a regulated utility service that has territorial rights to the area surrounding the Allatoona Lake Site Office and public use areas. USACE is unable to procure services from another source. No other source is available to supply sewer service to this area.

9. Interested Sources: The utility service procurement is exempt from synopsizing, in accordance with RFO 5.101(b)(1)(vi). The proposed contract action is for utility services other than telecommunications services and only one source is available.

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10. Other Facts:

a. Procurement history: This is a new requirement.

b. Competitive status of this action: Sole source.

c. Other facts: None