A13_FINAL_Lake_Chicot_Re-Roof_After_the_Fact__J&A_.pdf

Control #: MVK-2017-0012

For Official Use Only

JUSTIFICATION AND APPROVAL

UNDER FEDERAL ACQUISITION REGULATION (FAR) PART 6.3

OTHER THAN FULL AND OPEN COMPETITION AND FAR PART 6.302-2 UNUSUAL

AND COMPELLING URGENCY

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES TENSAS BASIN,

BOEUF AND TENSAS RIVERS, CHICOT COUNTY, ARKANSAS RE-ROOFING OF

UNIT B ON THE LAKE CHICOT PUMPING PLANT

1. Contracting Activity:

The U.S. Army Corps of Engineers, Vicksburg District Contracting Office, 4155 Clay Street, Vicksburg, MS 39183-3435.

2. Description of Action:

This is an action for the Flood Control, Mississippi River and Tributaries Tensas Basin, Boeuf and Tensas Rivers, Chicot County, Arkansas Re-Roofing Of Unit B on The Lake Chicot Pumping Plant in response to a severe weather event of 02 April 2017, which severely damaged the roof of the Pumping Plant. Firm Fixed Price Contract W912EE-17-C-0003 was awarded to W.G. Yates Construction Company on 17 April 2017 in the amount of $248,493.00. The period of performance is 60 calendar days and has no option periods.

Boeuf Tensas Project funds 107206 (Treasury Account Number 96 x 3112) in the amount of $250,000.00 have been reserved for this work. These funds are appropriated by Congress annually for the operation and maintenance or the plant.

Due to the fact that the severe weather caused significant damage to the roof of the subject project, it was necessary to ensure that a responsible contractor that was capable of mobilizing within 3 days of notice to proceed was awarded the project. Without the immediate mobilization the facility is at risk of sustaining damage to the plant pumps, motors, electrical controls, other government property, and also endanger employees working at the facility, which could potentially compromise the pumping plants flood control mission for that region, during the pending spring flooding season.

3. Description of Supplies/Services:

The work consists of furnishing all plant, labor, materials and equipment, and constructing the modified bitumen roofing system at the Lake Chicot Pumping Plant in Chicot County, Arkansas. Principal features of the work include removing and disposing of the existing modified bitumen roofing system including, providing new wood blocking, cants and nailers, constructing a new modified bitumen roofing system with rigid insulation, sheet metal work, sealant of joints, replacing six skylights with six new skylights, all other associated work and environmental protection. The contractor shall prosecute the work assigned to meet the schedule as determined by the Contracting Officer. The contract period, with all its terms and provisions will be 60 days from the date of the notice to proceed, unless it should become necessary to terminate the contract earlier.

4. Authority Cited:

10 U.S.C.2304(c) (2), as implemented by FAR 6.302(a) (2) and (b)(2), Unusual and Compelling Urgency. When the Agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. This authority has also been found to be applicable to situations where delay in award of a contract would result in serious injury, financial loss or other harm to the general public.

5. Reason for Authority Cited:

The proposed procurement meets the criteria for exclusion from full and open competition under the authority cited due to the urgent and compelling need that a delay in award would result in serious injury, financial, or other to the Government.

Background

Built by the U.S. Army Corps of Engineers, the plant began operating in 1985 to divert from Lake Chicot, Arkansas’s largest natural lake, silt-laden water that was befouling the lake. The plant is housed in an eight-story-tall building one-and-a-half times the size of a football field.

Its pumps can move 6,500 cubic feet of water per second. The purpose of the Lake Chicot Pumping Plant is to alleviate project related losses of recreation and land values at Lake Chicot and to reduce flood damages caused by flooding in the Bayou Macon Basin. The area drained by the pumping plant is approximately 350 square miles.

Justification

The pumping plant pumps water most frequently during the spring and early summer months when the Mississippi River is high. Without a watertight roof in place the pumping plant will be unable to perform the mission for which it was constructed. The roof must be replaced before the pumping plant can function without exposing personnel to increased risk of electrical hazards and other dangers associated with working in a wet environment.

Impact

The roof on the facility was completely lost over six of the pumps exposing the electric motors that run the pumps to the outside elements. The electric motors running these pumps are extremely expensive and damage to the motors could cause costly repairs and downtime that could be detrimental to Lake Chicot and the Bayou Macon Basin. Rain water and other outside elements entering the building through the roof expansion joints, sky light penetrations and exhaust fan penetrations exposes the plant staff to additional dangers associated with wet floors and possible electric shock. If the pump motors are lost due to water damage the U. S. Army Corps of Engineers will lose half of capacity of the pumping plant and it will be an unknown amount of time and an extreme cost to repair the damage.

Without the pumping plant and Corps personnel having a weather tight building the mission of the Lake Chicot Pumping Plant is at risk.

6. Efforts to Obtain Competition:

The contract actions were taken IAW FAR 5.202(a) (2) and made under the conditions described in FAR 6.302-2, Unusual and Compelling Urgency. Upon notice of this procurement, MVK began market research to determine if any companies were capable of mobilizing to the site within the time requested. Research determined that two companies were capable of mobilizing in the requested timeframe. Both vendors were checked in the System for Award Management but only one was active at the issue date, W.G. Yates & Sons Construction Company. With only one contractor capable of mobilizing within the requested time frame, W.G. Yates & Sons Construction Company was selected to be awarded the contract. A Small Business Coordination Record was approved on 12 April 2017 and a request for proposal was sent to W.G. Yates & Sons Construction Company.

Actions to Increase Competition:

This requirement is a one-time requirement. The Vicksburg District continues to solicit competition from vendors to satisfy construction requirements. A notice of intent to sole source was not posted due to the urgent and compelling need.

7. Market Research:

This requirement was not synopsized pursuant to the exception in FAR 5.202(a)(2).

However, on 05 April 2017, MVK immediately contacted multiple contractors to see if they would be able to mobilize in the required timeframe. Only two vendor’s acknowledged that they could be capable of mobilizing in the required timeframe. Both vendors attended the site visit. At time of issuance of the solicitation, it was determined that one vendor’s System for Award Management (SAM) registration was not active and listed as pending due to a failed CAGE code validation. Due to the urgent and compelling reasons, it was crucial that a solicitation be issued immediately; therefore, it was determined that the procurement would be solicited on a sole source basis to W.G. Yates & Sons Construction Company. W.G.

Yates & Sons Construction Company’s registration in the System for Award Management Database is active until 28 November 2017 and has no active exclusions

8. Interested Sources:

Per FAR 5.202 (a)(2), (2), “The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203”. Based on the above referenced regulation, a synopsis of the proposed contract action was not posted.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P117_17256 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P87_14913

9. Other Facts: None

10. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification, are complete and accurate to the best of my knowledge and belief:

Name: Neal Lewis

Title:

Chief, Flood Control and Hydropower Section

Signature:

11. 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. Price reasonability will be negotiated based on the independent government estimate by the negotiations team.

Name: R. Ellis Screws

Contracting Officer

13 Certification of Legal Sufficiency:

Name: Walker Moller

Assistant District Counsel

Approval

Pursuant FAR 6.304(a)(1) - for a proposed contract not exceeding $700,000, the contracting officer’s certification required by 6.303-2(b)(12) will serve as approval unless a higher approving level is established in agency procedures.

Based on the foregoing justification, I hereby approve the Re-Roofing Of Unit B on The Lake Chicot Pumping Plant under other than full and open competition basis pursuant to the authority of 10 USC 2304 (c)(2) and Federal Acquisition Regulation (FAR) 6.302-2(a)(2) subject to the availability of funds.

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

Name: R. Ellis Screws

Contracting Officer http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P234_32588