G.2.5_JA_for_BS_tainter_gates_-_FCM__2_.pdf

DEPARTMENT OF THE ARMY

LITTLE ROCK DISTRICT, CORPS OF ENGINEERS

Post Office Box 867

LITTLE ROCK, ARKANSAS 72203-0867

REPLY TO

Contracting Division Control No. SWL-15-09

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: U.S. Army Corps of Engineers, Southwestern Division, Little Rock District, Post Office Box 867, Little Rock, Arkansas 72203-0867

2. Description of Action: Modification to Contract W9127S-14-C-0019; Firm-Fixed-Price contract with current contract value of $4,464,565.00; funded with Civil Works Appropriations;

estimated modification value is $160,483.06.

3. Description of Supplies/Services: Modification to contract specifications to add in-depth inspection of Fracture Critical Members (FCM) on all existing Hydraulic Steel Structures (HSS).

In-depth inspection of the Tainter gate’s FCMs shall be performed by Magnetic Particle Testing (MT) after the existing coating is removed by an inspector certified in accordance with American Society for Non-Destructive Testing (ASNT) Recommend Practice #SNT-TC-1A Level II or III.

4. Authority Cited: 10 U.S.C. 2304(c)(1); FAR 6.302-1 -- Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: On 30 September 2014, contract W9127S-14-C-0019 was awarded to Hartman-Walsh Painting Company, 7144 North Market Street, Saint Louis, Missouri 63133 (Hartman-Walsh) to refurbish and paint seventeen Tainter gates at Bull Shoals Dam. In June 2015, Little Rock District (SWL) Infrastructure Safety Section became aware of Engineering Regulation 1110-2-8157, Responsibility for Hydraulic Steel Structures, paragraph 9-e (2), which requires an in-depth inspection of Fracture Critical Members (FCM) on all existing Hydraulic Steel Structures (HSS) at least once during the life of the HSS. The Tainter gates at Bull Shoals Dam are HSSs with FCMs which have never been in-depth inspected.

SWL personnel attempted to perform this in-depth inspection during a regularly scheduled inspection, but discovered that complete removal of the protective coating on the HSS is required to accurately perform the FCM in-depth inspection.

It is in the best interests of the Government to modify the current contract with Hartman-Walsh to include these additional inspection requirements. To allow Hartman-Walsh to complete the contract as awarded would create a duplication of effort as newly placed paint would then have to be removed to perform the required inspection, then another repainting of the Tainter gates would be required.

To solicit and award a stand-alone contract for completion of the inspection to be performed concomitantly with the current rehabilitation and painting contract with Hartman-Walsh would create additional procurement costs, and would be problematic for numerous reasons.

Refurbishing and painting of the Tainter gates requires installation of temporary staging and a means of egress for construction personnel, removal and replacement of the HSS’s protective coating, and weld repair of damaged Tainter gate members. The FCM in-depth inspection must be performed from the temporary staging after the existing coating is removed and prior to installation of the new coating.

If Hartman-Walsh does not permit use of their staging and means of egress to another contractor under a separate contract with the Government, the addition of a separate contract would require the removal of Hartman-Walsh’s staging and means of egress once the existing protective coating is removed, installation of separate contractor’s staging and means of egress to perform the FCM in-depth inspection, then removal and reinstallation of both contractor’s staging and egress to complete the installation of the new protective coating.

If Hartman-Walsh permits use of their staging and means of egress to another contractor, additional scheduling coordination will be required between the two contractors to ensure the Tainter gates are not damaged as a result of exposure to the atmosphere for an extended period of time after the protective coating is removed and there is the potential for schedule delays to either or both contracts and subsequently, additional costs to the Government.

Hartman-Walsh possesses the expertise to perform the additional increased inspection requirements, and also the ability to perform any necessary repairs revealed by the inspection, any such repairs required are already included in the scope of the Hartman-Walsh contract.

For these reasons it is in the best interests of the Government not to provide for full and open competition and modify the contract with Hartman-Walsh.

6. Efforts to Obtain Competition: The original contract was solicited and competed as a set-aside for Small Business firms. Market research conducted at that time utilizing NAICS code 237990 -- Other Heavy and Civil Engineering Construction. This market research included a sources sought notice posted on FedBizOpps with 12 responses received. Five firms were represented at the site visit and proposals were received from two offerors.

7. Actions to Increase Competition: This requirement would normally be competed. There is no necessary action required to increase competition. Future contracts for Tainter gate maintenance and/or refurbishing will include the required inspection. If an independent inspection is required at a discrete time when no other maintenance/rehabilitation work is being performed, that inspection contract will also be competed.

8. Market Research: No market research was conducted due to the existing contract in place to refurbish and paint the seventeen tainter gates at Bull Shoals Dam, and for which adequate market research was conducted at that time. This market research, being conducted within 12 months, is considered current.

9. Interested Sources: Twelve interested sources provided responses to the sources sought notice for the refurbishment contract. Namely, Abide International; Alltech Engineering Corporation; Certified Coatings Company; Diana Prince Construction, Incorporated; Hartman- Walsh Painting Company; Hydra Engineering & Construction, LLC; Moltz Constructors, Incorporated; Pontchartrain Partners, LLC; Royal Bridge, Incorporated; Thomas Industrial Coatings; Painting & Restoration Contractors; and R. Zoppo Corporation.

10. Other Facts: No other pertinent facts.

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.

Signature: ____________________________________________ Date: ___________________ Name and Title: Roger B. Allred, Civil Engineer

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.

Signature: ____________________________________________ Date: ___________________ Name and Title: Glenn R. Proffitt, Project Manager

ALLRED.ROGER.

B.1386290950

Digitally signed by ALLRED.ROGER.B.1386290950 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=ALLRED.ROGER.B.1386290950 Date: 2015.09.10 11:14:50 -05'00'

PROFFITT.GLEN

N.R.1230799730

Digitally signed by

PROFFITT.GLENN.R.1230799730

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=PROFFITT.GLENN.R.1230799730 Date: 2015.09.10 11:10:35 -05'00'

10 Sep 15

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. Price will be evaluated based on government cost estimate. Certified cost and pricing data will not be requested.

Signature: ____________________________________________ Date: ___________________ Name and Title: Jonathan J. Sawrie, Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ____________________________________________ Date: ___________________ Name and Title: Jonathan J. Sawrie, Contracting Officer

SAWRIE.JONATHA

N.J.1230814003

Digitally signed by

SAWRIE.JONATHAN.J.1230814003

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SAWRIE.JONATHAN.J.1230814003 Date: 2015.09.10 11:17:12 -05'00'

SAWRIE.JONATH

AN.J.1230814003

Digitally signed by

SAWRIE.JONATHAN.J.1230814003

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SAWRIE.JONATHAN.J.1230814003 Date: 2015.09.10 11:17:20 -05'00'