A.03.10_Signed_J&A_Baker_Bay_17-B-0009.pdf

Control # NWP-17-040

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

US Army Corps of Engineers, Portland District FAR 6.302-2 Unusual and Compelling Urgency for Non-Routine Maintenance Dredging in the Baker Bay Channel

1. CONTRACTING AGENCY:

U.S. Army Corps of Engineers (USACE), Northwestern Division (NWD), Portland District, 333 SW First Ave, Portland, OR 97208

2. DESCRIPTION OF ACTION:

In accordance with FAR 6.302-2 Unusual and Compelling Urgency, approval is requested to award a new firm fixed price construction contract for maintenance dredging in the Baker Bay Channel of the Columbia River in Oregon and Washington.

The contract will be funded by FY17 Civil Works Operations and Maintenance appropriations. The total cost for this contract is $506,200.00.

The requirement meets the definition of construction as defined in the Federal Acquisition Regulation (FAR) 2.101.

Verbal approval to proceed was received on 23 February 2017.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

The United States Coast Guard (USCG) has requested the USACE, Portland District procure dredging at a depth of 16 feet below mean lower low water (MLLW), plus authorized over-depth and 50 feet of overwidth in the Baker Bay Channel at the Mouth of the Columbia River in Oregon and Washington at selected locations from River Mile 1+15 to River Mile 1+25. The MLLW is the lowest mean tide or water level likely to occur and is standard on all National Oceanic and Atmospheric Administration (NOAA) navigation charts. Authorized over-depth is the additional amount of dredging below a given depth (16 feet in this case), which will allow the channel to remain navigable between dredging cycles and prevent the depth from rising to unacceptable levels.

Authorized overwidth is the additional dredging necessary for the channel to hold depth until the next regularly scheduled dredging in August. Approximately 60,000 cubic yards (CY) of material shall be removed using a clamshell dredge; the price schedule is structured to include (1) required CLIN for 40,000, and one optional CLIN for 20,000 cubic yards. The performance of work to occur in an anticipated two week period between late March 2017 and late April 2017. The contract with base items only was awarded on March 14, 2017 for $348,000.00.

4. AUTHORITY CITED:

10 U.S.C. § 2304(c)(2), as implemented by FAR 6.302-2 and DFARS 206.302-2(b), Unusual and Compelling Urgency.

5. REASON FOR AUTHORITY CITED:

(1) Background:

The Baker Bay Channel provides the only point of access for the USCG motor life boat station, which responds to emergencies at the Mouth of the Columbia River (MCR).

The MCR is one of the most dangerous bar crossings in the world due to the strong flow of the Columbia River as it collides with the Pacific ocean, causing ships to run aground in the sediment (shoaling)-filled river mouth. To date, there are more than 200 ships and countless lives lost from 1792 to present. The USCG station’s primary missions consist of search and rescue operations for commercial and recreational mariners within 50 nautical miles of the Columbia River entrance and provides a maritime law enforcement presence near the MCR including execution of Homeland Security missions. The USCG station responds to 300-400 calls for assistance every year; the heaviest workload occurring during the months of early June through mid-September.

Maintenance dredging to support navigation at Baker Bay is typically scheduled from August through December. The last dredging cycle at Baker Bay was completed in December 2016. Dredging at Baker Bay is typically performed using a clamshell dredge, a crane mounted onto a barge that uses a mechanical bucket to dig material from the bottom and then places the material into a scow that is held alongside. A scow is a barge that is configured like a large open box to hold the material until it is towed to the material placement site by an attendant tug. Neither the crane barge nor the scow are self-propelled; so both are towed into position by the tug. Clamshell dredges are used where the dredging work is distant from the material placement site, and in places that are too confined for a hopper dredge to work safely.

(2) Justification:

On 12 January 2017, USACE, Portland District received an email from Glenn Guy, Manager at the Port of Ilwaco, identifying alarming increases in shoaling rates in the Baker Bay vicinity that he described as “hazardous and dangerous to vessels transiting the channel”. On 20 January 2017, an email from USACE, Portland District Project Manager Jarod Norton briefed Deputy District Engineer for Project Managers, Kevin Brice on the rapid increase in shoaling at Baker Bay and the on-going coordination with the Port Manager and the USCG. A hydrographic survey of the channel performed by USACE hydrographic surveyors on 30 January 2017 identifies a depth of zero (0) MLLW within the channel, although there is some indication that the channel is seeking a path outside of the navigation channel. A follow-up survey verified there is a navigable channel developing with adequate depth, but it is almost completely outside of the federal navigation channel. See Figure 1. On 15 February 2017, the USACE Project Manager met with representatives from the USCG Sector Columbia River to discuss a path forward to remove the shoaling. On 16 February 2017, USCG 13th

District sent a letter to USCG Sector Columbia River declaring this area a Hazard to Navigation, stating that the obstruction (shoaling) significantly impedes mariners from safely navigating to Ilwaco, WA. On 22 February 2017, the USACE, Portland District received a letter from the USCG Captain William Timmons of the Port, Sector Columbia River, indicating that search and rescue vessels responding from Station Cape Disappointment are restricted in their ability to safely respond to Search and Rescue operations within their area of responsibility. In order to transit the area, boats are having to navigate around the shoal, therefore deviating from the Federal Navigation Channel, which is considered the safe track-lines. This increases risk to the rescue crew and slows response time for the search and rescue.

To warn boats of the shifting channel, the USCG has placed temporary aids for navigation identifying the location of the existing deep water. However, due to poor visibility that frequently encompasses the Baker Bay area, the temporary aids to navigation may not be seen by local mariners. The temporary aids to navigation, by their nature as being temporary, are not very large and will not be as visible as the existing permanent markers. The observed instability of the channel, evidenced by the rapid shoaling and radical shift of the channel, lends to misrepresentation of the temporary aids for navigation due to the continuous changes in the channel.

Figure 1. 20170130 survey

(3) Impact:

The shoaling at Baker Bay needs to be removed without delay to provide a safe navigation channel for the USCG SAR mission. The shoal at Baker Bay makes the channel nearly impassable and based on the rate and amount of infill currently experiencing, the navigation channel will be completely impassable very soon. This will prevent the USCG from performing timely motor life boat rescues out of the Port of Ilwaco. The USCG has identified that they have no viable options for moving their operations out of Ilwaco without unacceptably delaying their response time

The shoaling at Baker Bay represents a serious impediment to the USCG’s ability to perform Search and Rescue operations at MCR, which is both heavily used and one of the world’s most dangerous bar crossings. USCG emergency operations will continue to be seriously hindered unless dredging is performed as soon as practicable. This continued hindrance has great potential to lead to the loss of life in the event that USCG SAR assets are unable to respond to distress calls both in Baker Bay itself, as well as the Columbia River Estuary and surrounding waters.

(4) Other Alternatives:

The only alternative to procure this requirement would have been to issue a 15-day synopsis along with a 30 day solicitation, which would have impeded the USCG from any SAR attempts, therefore putting potential maritime traffic at risk of unnecessary timely SAR missions.

6. EFFORTS TO OBTAIN COMPETITION:

Due to the threat to USCG search and rescue operations, this dredging is an immediate need. Waiting the normal combined synopsis and advertising period of 45 days would have extended a hazardous situation that is severely impeding the ability of the USCG to respond to arising urgent search and rescue operations. Therefore, the acquisition was not synopsized or advertised on the Federal Business Opportunity (FBO) website.

However, in order to maximize competition, USACE requested proposals from three capable small business firms. These three firms were identified during market research as being available to execute the work, as well as to have indicated an intent to bid. The three offerors were given 5 business days to submit proposals in response to the solicitation, with delivery required on 10 March 2017. It is imperative to have the work completed as soon as practicable to minimize the impact to USCG operations while requesting offers from as many potential sources as is practicable under the circumstances, per FAR 6.302-2(c)(2).

This acquisition was set aside for small-business. Market research indicated a reasonable expectation of receiving bids from at least three local small businesses capable of successfully completing the work. Firms contacted have successfully completed dredging projects of a similar magnitude for the USACE Portland District.

Four companies were contacted concerning this acquisition: American Construction, HME Construction, J. E. McAmis, Inc., and Marine Industrial Construction. All four firms are small businesses and have a history of performing similar dredging work for the USACE. HME, J. E. McAmis, and Marine Industrial Construction are local firms and could mobilize quickly. American Construction is based in Tacoma, Washington and could also mobilize rapidly.

American Construction, HME, and J. E. McAmis are all capable of submitting bids within a shortened advertising period. They have the equipment available to complete the work and are interested in reviewing the requirements for this procurement. Marine Industrial Construction stated they do not own dump scows and would not be bidding on this work.

The Solicitation Plans and Specifications were sent to American Construction, HME, and J.E. McAmis on 3 March 2017. Bid Opening set for 1400 on 10 March 2017. Three bids were received; all within the 25% range of the Independent Government Estimate.

Award was made to the low bidder.

A FedBizOpps announcement will not be made for this immediate action in accordance with the exception found in FAR 5.202(a)(2).

7. ACTIONS TO INCREASE COMPETITION:

Since 2006, Baker Bay has been dredged eight times and each IFB was solicited as unrestricted set aside for small businesses or unrestricted full and open competition.

This particular situation at Baker Bay was an anomaly from the previous dredging requirements, therefore an immediate response was necessary. Future competition for dredging Baker Bay is anticipated to continue.

8. MARKET RESEARCH

The USACE, Portland District conducted limited market research to verify adequate competition to allow for small business set-aside. On 16 February 2017, four local small businesses were contacted: American Construction Company, HME, J. E. McAmis, and Marine Industrial Construction. Given the time sensitivity of this acquisition, the market research was limited to known small businesses that have experience performing this type of work for the Portland District. The results of the market research and the decision to set aside the work for small businesses was provided to Carol McIntyre, Office of Small Business Programs, prior to solicitation. At the time market research was conducted, there were only four known small businesses available locally. It was determined that there was adequate competition with two or more small business available. The solicitation was sent to American Construction, HME, and J.E. McAmis on 3 March 2017

The level of market research was appropriate for the unusual and compelling requirement. The government is satisfied that the businesses contacted are the very responsive and capable companies that would have bid the work if it had gone through synopsis and 30 days of advertisement.

9. INTERESTED SOURCES:

The USACE, Portland District has identified four (4) local firms to determine their interest in bidding on this project – American Construction, HME, J. E. McAmis, and Marine Industrial Construction. Three (3) of the four firms (4) expressed an interest in reviewing the requirements and submitting bids for the project.

10. OTHER FACTS: Procurement History

Baker Bay was previously dredged in 2006 under contract W9127N-06-C-0041, in 2008 under contract W9127N-08-C-0024, in 2009 under contract W9127N-09-C-0038, in 2010 under contract W9127N-10-C-0045, in 2012 under contract W9127N-12-C-0006, in 2014 under contract W9127N-14-C-0026, in 2015 under contract W9127N-15-C- 0014, and in 2016 under contract W9127N-16-C-0029, and with the USACE dredge YAQUINA in 2011. The dredging that was under contract, with one exception, was competed as either a total small business set-aside or under unrestricted full and open competition. The dredging under contract W9127N-12-C-0006 had an abbreviated advertisement period and an approved Justification and Approval for Other than Full and Open Competition based on Unusual and Compelling Urgency. USCG concerns with excessive shoaling at this location as explained above in paragraph 5 led to the request for immediate action based on a potential for loss of life due to the hindrance of USCG life-saving operations for that contract.

J.E. McAmis, Inc. is identified as having the requisite skills, experience, capability, and access to all required resources necessary to successfully accomplish maintenance dredging in the Baker Bay Channel and was awarded Baker Bay Non-Routine Maintenance Dredging on 14 March 2017.

11. 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: TERRANCE S. GEROUX DATE: ________________________

TITLE: Technical Lead SIGNATURE: __________________

12. 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: ELIZABETH A. SMOCK DATE: _________________________

TITLE: Team Lead, Waterways Maintenance SIGNATURE: ___________________

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Cost and pricing data shall not be required per FAR Part 15.403(b)(1). The Government will provide an Independent Government Estimate (IGE) for this requirement and it is anticipated that two or more responsible Offerors, competing independently, will submit offers that satisfy the Government’s requirement.

A fair and reasonable cost determination memorandum will be added to the contract file after bids are received and opened.

NAME: KIMBERLY A. KOVAR DATE: _________________________

TITLE: Contracting Officer SIGNATURE: _________________

14. CONTRACTING OFFICER CERTIFICATION:

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

NAME: KIMBERLY A. KOVAR DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

23 March 2017

GEROUX.TERRAN

CE.SEAN.1377611

Digitally signed by

GEROUX.TERRANCE.SEAN.1377611477

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=GEROUX.TERRANCE.SEAN.1377611477 Date: 2017.03.23 16:11:07 -07'00'

23 March 2017

SMOCK.ELIZABE

TH.A.1164302004

Digitally signed by

SMOCK.ELIZABETH.A.1164302004

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SMOCK.ELIZABETH.A.1164302004 Date: 2017.03.23 23:12:00 -07'00'

24 March 2017

KOVAR.KIMBERL

Y.A.1075767583

Digitally signed by

KOVAR.KIMBERLY.A.1075767583

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=KOVAR.KIMBERLY.A.1075767583 Date: 2017.03.24 13:03:22 -07'00'

24 March 2017

KOVAR.KIMBER

LY.A.1075767583

Digitally signed by

KOVAR.KIMBERLY.A.1075767583

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=KOVAR.KIMBERLY.A.1075767583 Date: 2017.03.24 13:04:58 -07'00'

15. LEGAL OFFICER CERTIFICATION:

I certify that this justification is legally sufficient to the best of my knowledge and belief.

NAME: AUTUMN V. LOVATO DATE: _________________________

TITLE: Attorney SIGNATURE: _________________

24 March 2017

LOVATO.AUTUM

N.V.1365177569

Digitally signed by

LOVATO.AUTUMN.V.1365177569

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LOVATO.AUTUMN.V.1365177569 Date: 2017.03.24 13:17:12 -07'00'