A.03.14_-_Dredging_Method_Analysis_(Limited_Source_Justification).pdf

LIMITED SOURCE JUSTIFICATION PURSUANT TO FAR 13.106-1

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Seattle District

2. DESCRIPTION OF ACTION: Approval is requested for a limited source justification to acquire expert consultant services from Dalton, Olmsted, Fuglevand, Inc. (DOF) in the field of dredging, navigation and sediment management.

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

Contract is for acquisition of expert consultant services. The total estimated cost for the services is $100,000.

The purpose of the contract is to obtain services from a recognized dredging expert who has more than 30 years of experience with dredging, navigation, and sediment management projects in the northwestern part of the United States. This is an essential part of a broader effort by the Government to defend its interests against claims made against dredging contracts.

4. AUTHORITY CITED: FAR 13.106-1(b)(1)(i) Soliciting from a single source for purchases not exceeding the simplified acquisition threshold.

5. REASON FOR AUTHORITY CITED: Pursuant to FAR 13.106-1(b)(1)(i) “Contracting Officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name or industrial mobilization.)”

This matter is urgent, as the claim was filed with the Court of Federal Claims in October, 2015, and the expert report must be produced prior to submission of the Government’s position, currently scheduled for April, 2016. Purchasing services from Dalton, Olmstead, Fuglevand (DOF) is necessary because they are the only reasonably available source with the skills and expertise required to provide an expert report that will adequately support the Government’s decision during the impending litigation

6. BASIS FOR RESTRICTING COMPETITION:

The U.S. Army Corps of Engineers, Seattle District is currently defending itself against a contract claim by dredging contractor, Marine Industrial Construction, LLC (MIC). An expert report and potentially the subsequent expert testimony must be prepared by a nationally recognized dredging expert(s) to validate and reinforce the Government’s legal position.

DOF is the only organization that can adequately provide the necessary report because they have staff experts that:

Possess more than 30-years of experience performing engineering and project management for over 80 dredging, navigation, and sediment management projects

Have extensive experience evaluating dredging requirements and equipment capabilities.

Have previous experience on USACE dredging projects.

Have extensive experience with the unique dredging conditions and challenges in the

Pacific Northwest, specifically as it relates to dredging of channels and harbors in dynamic glacially fed rivers.

Have experience working for both private and governmental entities.

Additionally, DOF developed and taught the USACE Dredging and Disposal Course for more than 10-years.

DOF has provided expert services in the past, assisting with construction claims by performing equipment capabilities analysis, production analysis, change of project conditions analysis, dredge plan analysis, cost analysis, and plans and specifications analysis.

There are other companies that provide consultation relative to dredging related issues but none have been identified with the level specialized experience in the Pacific Northwest that is needed to support the Government’s position

It is in the best interest of the Government is to solicit a single source procurement to Dalton, Olmstead, Fuglevand to provide technical services in support of the Government’s effort to defend itself against dredging contract claims, because of the exigency of the need, and because of the unique qualifications which DOF possess as they relate to the claim at hand.

CONTRACTING OFFICER CERTIFICATION:

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

NAME: Scott W. Britt DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on publicly-available pricing data and available historical prices paid for the same or similar item.

Based on the foregoing justification, I hereby approve the procurement of expert services from Dalton, Olmsted, Fuglevand on an other than full and open competition basis pursuant to FAR 13.106-1(b) “Soliciting from a single source. (i) for purchases not exceeding the simplified acquisition threshold,” subject to the availability of funds, and provided the property herein described has otherwise been authorized for acquisition.

APPROVAL