REDACTED_JA_MRRP_MATOC_Capacity.pdf

Control No.: CECT-NWO-19-23

FOR OFFICIAL USE ONLY

and its tributaries are experiencing a second round of flooding due to the snow melt from the northern water basin and heavy spring rainfall events within the majority of the entire water basin. Contractors constructing these initial levee repairs are now being impacted by the second round of flooding. Performance must continue in order to protect the surrounding homes, farmlands and infrastructure from incurring any additional damages, however, conditions are changing and impacts are being assessed frequently.

a. Background.

During the fall months of 2018, the lower Missouri River Basin saw very wet conditions with several weather systems resulting in saturated soil conditions heading into the winter season.

These saturated soils then froze resulting in greater than normal frost depths. Extreme cold temperatures persisted much longer than is typical across much of the Midwest. This allowed for the winter snowpack to continue to build on top of the frozen soil into the month of March rather than start to slowly melt with gradually warming temperatures.

A bomb cyclone storm dumped one (1) to three (3) inches (with localized higher amounts) of warm rainfall on a heavy wet snowpack across the region between 12 March 2019 and 14 March 2019. The precipitation was in the form of snow across the western and northern plains, while warmer temperatures resulted in rain across the eastern plains. The rain fell on a plains snowpack that held 3 or more inches of snow water equivalent in Nebraska and Iowa with event higher amounts in southeastern South Dakota. Temperatures over the lower Missouri River Basin then quickly warmed in front of a large precipitation event that took place on March 14, 2019. This all occurred on top of frozen ground resulting in significant runoff and high to record high flows along creeks and rivers across the lower basin.

In north central South Dakota and North Dakota that snowmelt continued to occur in the weeks after the initial event. The large majority of the rainfall runoff occurred downstream of Fort Randall Dam leading to significant flows into Gavins Point Dam and downstream on the main stem of the Missouri River. Due to the small flood control storage available at Gavins Point, the releases from the reservoir had to be increased to prevent overtopping of the flood control gates. Peak release from the reservoir was 100,000 cubic feet per second (cfs). The extremely high runoff volume contributing to high flows from tributaries, including the Platte River, entered the main stem of the Missouri River. Four gages reached major flood stage and set new records for peak stage. Waters from this initial flood event came from tributaries that enter the Missouri River below the large main stem storage reservoirs.

A significant portion of the more than 500 miles of levees on the Missouri, Platte, and Elkhorn rivers have experienced flood damage. USACE Omaha had more than fifty (50) breaches to address, but that number has been decreasing as we address the breaches through emergency contracts. The record river levels exceeded the levee systems’ design capacity from Omaha to Rulo, Nebraska and into the Kansas City District AOR, which is over 110 river miles. The devastation from the Flood of 2019 was unprecedented for this region. A non-federal dam on the Niobrara River near Spencer, NE suffered a catastrophic failure. Interstate 29 was closed for weeks, only to recently reopen and has now been closed again on 28 May 2019. Forty-five

(45) river gages set new records: five (5) in Missouri, eight (8) in South Dakota, eight (8) in Iowa and twenty-four (24) in Nebraska. These levels are unheard of and are higher than the flood records set by the floods of both 1993 and 2011. With over forty (40) breaches still present, impact of further flooding could be catastrophic. Communities and infrastructure are still vulnerable to more flooding.

Mountain snowpack has peaked and is currently melting. Mountain snow comes from Montana and Wyoming into the Fort Peck and Garrison Reservoirs. Only about 30% of the flood control storage remains available to store runoff this spring and summer. Heavy precipitation has occurred over large areas of the basin in May. The NOAA NWS Climate Prediction Center precipitation outlook shows increased changes for above-normal precipitation over the entire basin over the next 6-10 days (current as of 2 June 2019). Mountain snowpack is slightly above normal: 104% in the Garrison reach and 105% in the Fort Peck reach on the peak on 15 April 2019. As of 31 May 2019, 44% in the Garrison reach and 71% in the Fort Peck reach of this year’s peak snow pack remains. A snow water equivalent of twelve (12) inches in the Garrison reach and twelve (12) inches in the Fort Peck reach. Currently, Gavins Point is releasing at 75,000 cfs.

The continuing issue has been widespread with unregulated flows across western Iowa, eastern Nebraska and southeastern South Dakota which have caused devastating flooding on multiple tributary streams and extensive overtopping and breaching of the Missouri River levees south of Omaha. The Missouri River levee system has been severely compromised. Emergency management teams continue to support local, state, and county flood fight actions and the district has established a 2019 Omaha System Restoration Team (SRT) to expedite advanced interim measures as well as overall restoration of the federal levee system along the Missouri River.

The States of Iowa and Nebraska declared a local state of emergency, allowing the states to seek assistance from the federal government. Fifty-six (56) counties in Iowa, eighty-one (81) counties in Nebraska and later five (5) counties in Missouri were declared disaster areas by the President. South Dakota was not included in the Presidential Disaster Declarations. Impact of further flooding would be catastrophic. USACE must continue to provide expeditious contracting solutions to ensure prompt and comprehensive emergency operations to fulfill this flood response and recovery mission. Damaged communities may face additional serious health and safety hazards, both personal and ecological, and devastating economic loss if critical infrastructure flood protection efforts are delayed.

b. Justification.

This increase of capacity will only be used for modifications to existing task orders. None of the task order modifications will be for new work under this increase of capacity.

As of 3 June 2019, multiple locations on the Missouri River are still under a Flood Warning. We have just processed the second modification on these task orders which almost exhausted the original MATOC capacity of $49M.

Termination for convenience is not an acceptable alternative. The increase in capacity is perilous to ensure continued Contractor performance to construct and repair emergency levee rehabs and flood risk management structures, all critical for avoiding damage to infrastructure and private property, for ensuring life safety and also for maintaining habitat for native and listed species. The ongoing project requirements include repairing spur dikes, island revetments, river bank revetments, chute entrance and exit structures, and the filling of deep scour holes caused by flooding. MRRP MATOC Contractors are in the midst of providing these services during the second round of flooding which has been challenging due to the changing conditions. A break in service would lead to additional damages of agricultural lands, infrastructure, private property, private levees, federal levees, in-channel federal flood risk management structures, and federal habitat restoration projects. Not having the ability to quickly address the change in conditions via modifications on the current task orders can result in safety, health, and environmental issues along the Missouri River. Due to the size, scope and complexity of the projects, the MRRP MATOC has been the most suitable contracting vehicle for these requirements. This is the only contract vehicle in Omaha District that was specifically awarded for river construction and with specialized equipment such dredges, draglines, barges, and floating plant.

No contract extension is being requested on the MRRP MATOC. Only an increase in capacity of $13,000,000 is being requested due to the anticipated adjustments that will need to be executed through modifications. The additional capacity will not be used for any new task orders; it will only be used for modifications necessary on existing task orders.

The need for these emergency services does not result from a lack of planning. There was capacity left untouched on the MATOC which normally would be sufficient for any minor modifications that may arise on typical task orders. However, due to the unforeseen impacts of the first and now second round of flooding, modifications have been executed for these site changes which almost exhausted the original capacity on the MATOC and additional modifications are anticipated in the near future.

c. Impact.

Based upon the current flood situation with over forty (40) breaches still identified along the Missouri River and its tributaries and with the continued snow melt and spring precipitation in the watershed basin, flood waters could continue to pose a significant threat to human life, infrastructure, property, and damage within Omaha District’s area of responsibility. Many areas could risk the loss of Water Treatment Facilities and infrastructure if the flood waters were to rise from any of these breaches. Flood damage often contaminates water treatment plants and pollutes drinking water. Without a sufficient water supply, local businesses and schools will not be able to operate. Flood waters can also cause the growth and spread of disease and mold.

As the snow melt and spring precipitation continues, additional populated towns along the Missouri River may be impacted as well. Impacts of further flooding would continue to be catastrophic. Many areas are still under threat from the high stages of the Missouri River. The recent heavy spring rainfall events have caused the rivers and their tributaries to rise which continues to have a significant impact to land and homeowners. The threat is still imminent as many small towns and many farms are located in a flood plain on the east and west sides of the Missouri River with many active breaches. Many areas have been inundated with floodwaters since the 18 March 2019 flood event, as the Missouri River is still actively flowing through the breach locations and into many areas. There are many active breaches of levees along the Missouri River, the active river flows through these breaches and the flood waters receding at an extremely slow rate, which could pose a significant threat to human life, infrastructure, property, and damage to surrounding environment along the Missouri River if a no action alternative were continued.

Delaying repairs will increase threats from future flood water and damages could increase significantly. Many areas along the Missouri and the tributaries are at a high vulnerability to another flood episode with high river levels, potential for rain storms upstream and snow melt.

This flood event also has been affecting the local businesses and farmers because they are unable to access their properties, land/farms, businesses, equipment, animals and homes.

Delaying the repair of active in-flow breaches can create active out-flow breaches which in turn become new in-flow breaches and greatly increases the risk of more damage due to the floods.

Flooding often requires emergency rescues and endangers those who are vulnerable, especially those in the local hospitals and schools. The current impact resides within Iowa, Nebraska and South Dakota which have over thirty-eight (38) populated towns along the Missouri River alone, not including towns along the tributaries.

d. Alternatives.

The increase in capacity allows for streamlined procedures to address in-scope modification requests while continuing Contractor performance. An alternative to this situation may be to terminate the task order for convenience and re-solicit as a new scope under a new stand-alone construction solicitation, a request for task order proposal under an RDI MATOC or issuance of a letter contract. Stopping performance under these current task orders and unnecessarily delaying any levee repairs will be detrimental to the surrounding areas and should not be considered as an alternative.

In addition, there are no similar contract vehicles available that allow for river construction utilizing specialized equipment such dredges, draglines, barges and floating plant.

The other alternatives would be to award letter contracts or separate construction contracts using the authority under FAR 6.302-2. To reiterate, in order to re-solicit as another action means that current contract performance will need to be terminated first. In addition, a letter contract would be undefinitized and may put the contracting officer in weak negotiating position, possibly resulting in an unreasonable price. The remaining alternative is to issue separate contracts similar to the recent construction contracts for levee repairs that were awarded under limited competition. None of the above alternatives are acceptable because this request is only for a capacity increase to handle modifications for current work being performed on the levees.

If the Contractors were to demobilize and remobilize due to either a termination or a lengthy delay in processing a modification, it will cause many more postponements which could have significant threat to human life, infrastructure, property, and damage within Omaha District’s area of responsibility.

6. EFFORTS TO OBTAIN COMPETITION: The MRRP MATOC was competitively awarded to four contractors for a five (5) year ordering period with a shared capacity of $49,000,000 under NAICS 237990 “Other Heavy and Civil Engineering Construction”. It was procured under one solicitation (W9128F-14-R-0005) as a small business set-aside. The MRRP MATOC award was made to four small business firms.

7. ACTIONS TO INCREASE COMPETITION: The work currently being addressed for the flood response/recovery mission is for temporary flood structures. Omaha District will need to procure contracts in the future for permanent repairs of all of the levee breaches. The SRT is developing an Acquisition Plan for these anticipated construction contracts and expects to receive adequate competition, especially from small businesses, on the proposed acquisitions.

8. MARKET RESEARCH: Full market research was most recently conducted for the Prequalified Sources Listing (PSL) for the aforementioned Acquisition Plan. In response to the Industry Day, there were a total of 135 individuals in attendance with a variety of different business sizes. In reply to the Market Research Survey, the Omaha District received responses from twenty-five (25) firms with a wide range of different skills and business sizes, including

This market research supports NWO’s efforts on the upcoming PSL. However, due to the current capacity need to handle incoming modifications on the flood response/recovery task orders that are time-sensitive in nature, it is not feasible to fully compete separate construction contracts and execute awards within a reasonable time.

9. INTERESTED SOURCES: The increase of capacity will not be synopsized due to the time critical nature of the requirement and is covered by an exception under FAR 5.202(a)(2). In addition, the increase of capacity will be used for in-scope modifications on existing task orders which are actions being made under the terms of an existing contract that were previously synopsized in sufficient detail which is covered by an exception under FAR 5.202(a)(11).

10. OTHER FACTORS: Terminating or delaying current performance to develop and compete new contract awards under full and open competition is time prohibitive based on life, health and safety risks involved. It would require significant time and resources and would cause unacceptable delays. By having an adequate contract capacity, the contracting officer can go from receiving a modification request to executing the modification in less than six (6) days knowing that there is available capacity. If the increase in capacity was not executed to assist in streamlining the modification procedures, further negative impacts to the levee breached areas could result.

APPROVAL

Based on the foregoing justification, I hereby approve the modification to the Missouri River Recovery Program Small Business Multiple Award Task Order Contract under the original solicitation of W9128F-14-R-0005 to increase capacity an additional $13,000,000 on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(2) as implemented by FAR 6.302-2, Unusual and Compelling Urgency, subject to the availability of funds, and provided that the services described herein have otherwise been authorized for acquisition.

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