JA Redacted.pdf

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J&A Log Number NAB-23-011

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

I. CONTRACTING AGENCY: Department of the Army, Baltimore District, Corps of

Engineers (COE), 2 Hopkins Plaza, Baltimore, Maryland 21203

II. DESCRIPTION OF ACTION: This service is for Cumberland/Ridgeley Local Flood

Protection to maintain local flood control, relating to civil, mechanical, structural, security and safety areas of Government property. The areas of work will be performed within

Allegany County in Maryland. The action includes site clearing, tree and brush removal, earthwork, gravel removal, fence repairs, painting, debris cleanup, grass mowing and trimming, turf treatment, seeding and sign installation along channels, embankments, roads, utilities, buildings, and grounds.

III. DESCRIPTION OF SUPPLIES OR SERVICES: The Cumberland Ridgely Flood

Protection Project requests a sole source award to the City of Cumberland, MD. The current contract, W912DR18P0041 contract expires 11 April 2023. The contract duration is a base year and for options years.

IV. AUTHORITY CITED: 41 U. S. C. 1901 as implemented in Federal Acquisition

Regulation 13.5(a)(1)(ii).

V. REASON FOR AUTHORITY CITED:

a. Background Information: The City of Cumberland acquired all necessary real estate, either fee simple or perpetual easement for construction operations and maintenance. The city of Cumberland has performed the required scope since

1960. The requirement was synopsized each procurement cycle as a sole source.

b. Justification: In partnership with the City of Cumberland, the Corps and City acquired the necessary real estate interests either fee simple or perpetual easement for construction operations and maintenance. While the Corps primarily owns the channel wall and levee areas, the city acquired additional adjacent easements to facility space for maintenance. There is limited access by way of easements (some privately owned) which make it difficult for access to these areas of operations.

Recently, one of the landowners made a deal with the city for access in lieu of paying property taxes. Having outside contractors would jeopardize the working operations of this contract if they had no access points to the areas of operations.

The City of Cumberland is the sole source for the operations of the Flood Risk

Management mission, maintaining the pump houses, levee systems, flood control walls, encroachments, 408 permits, and is responsible for responding to the Corps for operations of the FRM mission. The Corps built the system and turned the operations over to the city. The Federal Government monitors the levee through a

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contract by the OPM of Jennings Randolph Lake. Meetings with the City staff and City engineer take place during the terms of the contract as well as spot checks and responding to private property owners within the areas of operations.

It would be impractical for outside contractors to do this work in the two separate cities (Ridgeley, West Virginia and Cumberland, Maryland) due to existing right of way agreements, common sewer maintenance agreements, easement rights, real estate interests, utility agreements, and other agreements and resolutions between the two city jurisdictions. The easements to access the work areas were acquired by the City of Cumberland and new easements may be required if the work was completed by others. The Jennings Randolph Lake staff does not possess the equipment, materials, and staffing necessary for in house maintenance of the Flood Protection project. Reference the performance work statement for in-depth information.

c. Impact: The City of Cumberland will maintain appropriate staff from April through October for the work. The growing season begins in April, weather dependent and will require cutting/ herbicide application shortly thereafter to maintain appropriate appearance and highest possible level of effectiveness for the flood protection of the Cumberland and Ridgeley areas.

VI. EFFORTS TO OBTAIN COMPETITION: It would be impractical for outside contractors to complete this work in two separate cities (Ridgeley, West Virginia and

Cumberland, Maryland) due to existing right of way agreements, common sewer maintenance agreements, easement rights, real estate interests, utility agreements, and other agreements and resolutions between the two city jurisdictions. Potential contractors have replied for further information in the past and have subsequently indicated that they were not interested.

VII. ACTIONS TO INCREASE COMPETION: No action is being taken to increase competition; currently the City of Cumberland has the existing right away agreements between Ridgeley, West Virginia and Cumberland, Maryland.

VIII. MARKET RESEARCH: There was no market research conducted for this procurement as the City of Cumberland has the existing right of way agreements, common sewer maintenance agreements, easement rights, real estate interests, utility agreements, and other agreements and resolutions between the two city jurisdictions of

Ridgeley, West Virginia and Cumberland, Maryland.

IX. INTERESTED SOURCES: No additional interested sources have been identified.

X. OTHER FACTORS: N/A

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XI. 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: Francesca Gullion Date 4/11/2023

Title Natural Resources Specialist Signature

XII. REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the Justification and Approval are accurate and complete to the best of my knowledge and current understanding.” Fair and Reasonable

Cost Determination: Per DOD Class Deviation 2014-O0011

Name: Francesca Gullion Date: 4/11/2023

Title Natural Resources Specialist Signature:

XIII. Contracting Officer Certification: I certify that this J & A is accurate and complete to the best of my knowledge and belief.

Name: Cheryl K. Williams Date: 4/12/2023

Title: Contracting Officer Signature: