A.02_UC_JA_Rogue_River_Redacted.pdf

Control# NWP-19-007

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 Critical Maintenance Dredging In the Rogue River Boat Basin Access 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:

The contract to be awarded is a firm-fixed-price construction contract for critical maintenance dredging in the Rogue River Boat Basin Access Channel at Gold Beach, Oregon. The contract will be funded by FY19 Civil Works Operations and Maintenance appropriations. The total cost for this contract is estimated to be $347,600.00.

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

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

The United States Coast Guard (USCG) and the Port of Gold Beach (Port) have requested the USACE, Portland District procure dredging at a depth of 6 feet below mean lower low water (MLLW) in the Rogue River Boat Basin Access Channel. This channel stems from the Rogue River Bar and Entrance channel, and allows passage through the adjacent break water into the Port of Gold Beach harbor. 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.

Approximately 1,800 cubic yards (CY) of material shall be removed using either a clamshell, excavator, or pipeline dredge. The performance of work is anticipated to occur in a ten day period in the second of half of June to early July 2019. The price schedule includes two (2) contract CLINs; CLIN 0001 is for mobilization/demobilization and has an estimated value of . CLIN 0002 for dredging of 1,800 CY has an estimated unit cost of , for a total CLIN value of Cost to prepare and administer the contract is estimated to be .

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 Rogue River Boat Basin Access Channel provides the only point of access to the Port of Gold Beach. Users of the port facilities are predominantly recreational boaters and fisherman, charter and commercial fishing operations present, and a USCG search and rescue detachment as well. The Port of Gold Beach is a highly seasonal port with the heaviest use being between Memorial and Labor Day.

The USCG operates a seasonal Search and Rescue Detachment located on the north side of the Rogue River entrance, adjacent to the Boat Basin Access Channel.

However, despite dredging in 2018, the USCG access channel that stems from the entrance has shoaled back in to a point that the USCG 47-foot vessels can no longer transit that channel. These 47-foot vessels are used when heavy sea conditions are present, requiring distress call response units to cross the bar in heavy surf to support vessels in the entrance and offshore areas. As such, the USCG plans to operate their 47-foot vessels out of the Port of Gold Beach boat basin to ensure uninterrupted operations. The USCG station responds to 10-20 emergency search and rescue calls every year, and provides escorts across the bar during heavy surf conditions, the heaviest workload occurring during the months of early June through mid-September.

The USCG has already hit bottom on the existing gravel bar, creating concerns about their ability to respond to emergency search and rescue cases this season with its 47-foot vessels.

The Rogue River entrance consists of a bar channel, an entrance channel, and the boat basin access channel which stems from the upstream end of the entrance channel. The bar channel, which extends from the jetty tips, seaward, and a portion of the entrance channel, which starts at the jetty tips and extends shoreward, are typically dredged on an annual basis using the USACE Hopper Dredge Yaquina. Furthermore, additional maintenance dredging in the entrance and access channel by clamshell, excavator, or small pipeline dredge, and at Rogue River boat basin access channel is typically scheduled on a two- to three-year interval, and covers sections of the entrance that Yaquina is too large to reach. The last such dredging cycle at Rogue River was completed by clamshell in June 2018. Clamshell dredges consist of 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. Excavator dredges have similar configurations, though typically have a smaller foot print and have more limited depth reach. Both clamshells and excavators often utilize a scow to transport material from the dredge site to the placement site. 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 is 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 23 April 2019 USACE received a request from Andy Wright, Manager at the Port of Gold Beach requesting urgent dredging to allow safe access to and from the boat basin by port users, to include the USCG. The Port sent an official letter with the request on 10 May 2019. On 7 May 2019, a hydrographic survey of the channel performed by USACE hydrographic surveyors identified a controlling depth of -1 foot MLLW within the channel. On 16 May 2019, Kate Groth received a phone call from the USCG requesting urgent dredging of the Boat Basin Access Channel to ensure uninterrupted search and rescue capabilities during the peak summer months. An official letter from the USCG requesting urgent dredging was received on 05 May 2019. The shoaling significantly impedes mariners from safely navigating through the Boat Basin break water. Figures 1a and 1b show the location of the shoal and its proximity to the opening in the break water.

Figure 1a. 07 May 2019 survey

Figure 1b. 07 May 2019 survey and shoal

(3) Impact:

The shoaling in the Access Channel needs to be removed without delay to provide a safe navigation channel for the USCG search and rescue mission. The shoal makes the channel completely impassable during low tide periods, and based on the rate and amount of infill currently experiencing, the navigation channel will be likely become completely impassable during all tide stages. This will prevent the USCG from performing timely motor life boat rescues out of the Rogue River, and would require them to send vessels from other ports up and down the coast. This would drastically increase response times and likely lead to loss of life. The USCG has indicated that this is an unacceptable alternative.

(4) Other Alternatives:

The only alternative to procure this requirement would be to issue a 15-day synopsis along with a 30-day solicitation, which would impede the USCG from search and rescue attempts, therefore putting potential maritime traffic at risk of unnecessary timely search and rescue missions.

6. EFFORTS TO OBTAIN COMPETITION:

Due to the threat to USCG search and rescue operations, this dredging is an immediate need. Waiting the synopsis and advertising period of 45 days typically required by FAR

5.203 would have extended a hazardous situation that is severely impeding the ability of the USCG to respond to arising urgent search and rescue operations. As this action is being made under the conditions described in FAR 6.302-2, the notice required by FAR 5.201 is not required, per FAR 5.202(a)(2). Therefore, the acquisition will not be synopsized or advertised on the Federal Business Opportunities (FBO) website in accordance with FAR 5.203.

As discussed below, USACE conducted market research, contacting several contractors within the region that have performed similar work for NWP in the past with success. From that market research, NWP determined that five contractors are capable of performing this work and submitting bids to NWP within a shortened advertising period. In order to request bids from as many potential sources as is practicable under the circumstances in accordance with FAR 6.302-2(c)(2), therefore, an FBO announcement with a reduced advertisement period will be made for this immediate action. The solicitation will be posted to FBO, and will allow bidders five calendar days to submit bids in response to the solicitation, with performance to start on 03 July 2019. As all five contractors found to be capable of performing the work and submitting bids within the shortened advertising period are small businesses, this acquisition will be set aside for small businesses. Bid Opening will be set for 1400 on 14 June 2019. Award will be made to the low responsible bidder.

7. ACTIONS TO INCREASE COMPETITION:

In order to both maximize competition and increase the likelihood of successful completions of the work, NWP is allowing for three types of dredging equipment, and two types of material placement to be utilized. The acceptable methods the contractor can perform the dredging will be with the use clamshell, excavator, or hydraulic cutter suction dredges. Placement type allowed will include both upland placement at the adjacent upland site, and in-water placement at the Rogue River ocean dredged material disposal site (ODMDS).

8. MARKET RESEARCH

The USACE, Portland District conducted market research to verify adequate competition to allow for small business set-aside. On 17 and 20 May 2019, NWP contacted or attempted to contact fifteen (15) companies concerning this acquisition.

Of the fifteen, a total of five (5) contractors indicated that they would submit a bid.

Those five (5) included: HME Construction, J. E. McAmis, Inc., Bergerson, Portable Hydraulics, and West Coast Contractors. All five (5) firms are small businesses based in the Oregon/Washington Region.

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 five known small businesses available locally. It was determined that there was adequate competition within small business available to be set aside.

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 five (5) contractors indicated that they would submit a bid. Those five (5) included:

All five (5) firms are small businesses based in the Oregon/Washington Region, and expressed an interest in reviewing the requirements and submitting bids for the project.

10. OTHER FACTS: Procurement History

Rogue River Entrance and Boat Basin channels were most recently dredged by clamshell in 2018 under contract W9127N18C0072. In late fiscal year 2017 contract W9127N17C0042 for dredging by hydraulic pipeline dredge was awarded and work commenced; however, due to improper equipment being utilized and subsequent failure to complete, the contract was terminated for convenience by the government. NWP Dredging Contracts team has since conducted further research into equipment capabilities, partly informed by industry feedback, and is confident that a properly outfitted hydraulic pipeline dredge could complete work. The most recent contract was competed as a total small business set-aside; however, the previous contract for pipeline dredging was competed as unrestricted due to market research equipment availability.

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.

//Signed//

ELIZABETH SMOCK

TECHNICAL LEAD

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.

TERRANCE GEROUX

TEAM LEAD

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 will not be required per FAR 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.

DAVID DVORAK

CONTRACTING OFFICER

14. CONTRACTING OFFICER CERTIFICATION:

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

DAVID DVORAK

CONTRACTING OFFICER