A.03.09_LMA-_Emergency_JFF_dock_JA_W912EF-17-C-0014_Signed.pdf

Control Number: 17-0048

Justification and Approval For Other than Full and Open Competition

1. Contracting Activity:

U.S. Army Corps of Engineers Walla Walla District 201 North Third Avenue Walla Walla, WA 99362 POC: Kent Bernard, Phone Number (509) 527-7205

2. Description of Action:

This justification is for a new Firm Fixed Price construction contract, navigation O&M civil works funding, for repair of the three (3) floating moorage bits at the Lower Monumental Juvenile Fish Facility (JFF).

3. Description of Supplies/Services:

This is an emergency construction repair project to replace damaged, unfit fo r use, floating moorage bits at the Lower Monumental Juvenile Fish Facility. Existing floating moorage bits will be removed and returned to Government for later re-use. The contractor shall construct and install three (3) temprorary fixed moorage bits up on confirmation of fit and finish to the existing structures. The temporary moorage bits will be bolted into location in accordance with design plans and specifications. Work will include jacking for removal of existing moorage bits, drilling, and structural welding for assembly of the temporary moorage bits. The total contract value is $145,000.00.

4. Authority Cited:

10 U.S.C.2304(c)(2) as implemented by FAR 6.302-2(a)(2) -- Unusual and Compelling Urgency (delay in award of a contract would result in serious injury, financial or other, to the Government).

5. Reason for Authority Cited:

a. Background: The Lower Monumental JFF floating moorage bits were the subject of an underwater inspection in February 2017. Video results of the inspection were received on or about 6 APR 2017. The determination of “unfit for use” was made on 11 APR 2017 after review of the underwater inspection videos, and an emergency project delivery team assembled on 12 APR 2017.

b. Justification: Upon determination of “Unfit for use”, alternatives were discussed by the project development team, which included “do nothing” and by-pass fish passage at Lower Monumental, limit the use of the JFF loading dock to ONE barge at a time, perform a temprorary repair using fixed moorage points, execute a full repair of the floating moorage bit system. Ultimately, due to time constraints and requirements of the Fish Passage Plan, the temporary solution was selected, as 2 May 2017 is the scheduled first load-out of fish from the JFF.

6. Impacts:

a. Closure of the JFF loading dock would present severe adverse impacts to the Corps of Engineers’ mission to support the 2014 Federal Columbia River Power System Supplemental Biological Opinion (BiOp), and the Endangered Species Act (ESA), which requires juvenile fish transportation downstream via barges starting 02 May 2017 from Lower Monumental Dam.

b. Alternatives: Based upon time frames and the late discovery of significant deficiencies, temporary fixed replacement bits was the only viable alternative, and award of a Firm Fixed Price contract for the work to be completed with minimized interruption to scheduled fish loading operations.

7. Efforts to Obtain Competition:

The authority at FAR 6.302-2, Unusual and Compelling Urgency, permits the Government to waive the required 15-day synopsis period and allow an advertising period of less than 30 days. This allowed the commencement of onsite repair work within days after issuance of the solicitation. The solicitation was issued as a request for proposal (RFP), awarded on the basis of price and price-related factors, limited to one local firm with known successful past performance in civil construction on structures of this magnitude: Advanced American Construction, Inc., Portland, Orego n.

The Walla Walla District Corps of Engineers has previously worked with Advanced American Construction. They have proven themselves qualified in civil construction on similar features and structures of this type and size. Advanced American Construction was contacted, understood the site conditions and project requirements and were able to submit a proposal in a short amount of time.

In accordance with FAR 6.305(b), Availability of the Justification, this J&A shall be posted on FBO within 30 days afte r contract award, and will remain posted for a minimum of 30 days.

8. Market Research:

In accordance with FAR 10.002(b)(2), market research was conducted by contacting knowledgeable government personnel that have worked on repair work similar in scope to the immediate action. A team of District engineers was assembled to identify firms with the experience required to complete a project that is technically complex, high risk, high visibility and includes a compressed schedule during a coordinated navigation outage. One firm known to be capable of successfully performing work of this type was contacted and they were available to pursue the work on short notice.

FAR 6.302-2(c)(2) requires that agencies “…shall request offers from as many potential sources as is practicable under the circumstances.” Due to the urgent nature of this acquisition, there was insufficient time to do more than identify the one small business firm known to be capable of successfully performing this type of work, have the resou rces available, and the familiarity with the project location. Based upon this anaylsis, and the history of contract awards in this region, there is a high level of confidence that no other qualified sources exist to successfully perfom work under a compressed schedule, for this ugent acquisition.

9. Other Factors:

On-site Government resources are not available for executing the proposed repair within the time available. The Government could not reasonably make the barge mooring repairs in an expedient manner due to the extent of the work and the requirement for a floating platform to commence the onsite work. Advanced American has previous experiences with similar repair efforts at other COE loading docks indicate trends of complex and site specific installation requirements that are dependent upon river flows, weather conditions, physical constraints and custom made equipment.

A synopsis of the proposed acquisition was not published on the Government -wide Point of Entry pursuant to FAR 5.202(a)(2), which states “…the contracting officer need not submit the notice required by FAR 5.201 when the contracting officer determines that…the proposed contract action is made under the conditions described in 6.302-2…and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.”

A award made to a small business concern, Advanced American Construction, Inc., Portland, Oregon, W912EF-17-C-0014. Advanced American intends to do all of the work with its own labor force; subcontracting for

9. Technical Certification:

I justify 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:__________________________________________________________ Typed Name: Jack Sands Title: Project Manager

10. Competition Advocate: 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:__________________________________________________________ Typed Name: MAJ Ian R. Davis Title: Deputy Commander

12. Office of Counsel: 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:_______________________________________________________ ___ Typed Name: Theresa Hampson Title: Deputy District Councel

13. Fair and Reasonable Cost Determination:

I hereby determine that the cost to the Government for this contract action is fair and reasonable.

The Request for Proposals was issued to Advanced American on 18 April 2017 as they were deemed capable of doing the work. Advanced American responded with a priced proposal on 18 April 2017, which was compared to the independent Government estimate, previous acquisition rates and determined to be fair and reasonable.

Signature:______________________________________________________ Typed Name: Ruthann Haider Title: Contracting Officer

SANDS.JACK.D.1231410291

Digitally signed by SANDS.JACK.D.1231410291 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SANDS.JACK.D.1231410291 Date: 2017.04.25 12:56:10 -07'00'

Digitally signed by

HAMPSON.THERESA.L.1374580937

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HAMPSON.THERESA.L.1374580937 Date: 2017.04.25 13:40:37 -07'00'

Digitally signed by DAVIS.IAN.ROBERT.1187360664 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DAVIS.IAN.ROBERT.1187360664 Date: 2017.04.25 14:41:50 -07'00'

14. Contracting Officer Certification:

I hereby determine that that above-stated circumstances of this contract action deem limitation of competition in accordance with FAR 6.302-2(a)(2)(b)(2), Unusual and Compelling Urgency.

Signature:____________________________________________________________ Typed Name: Ruthann Haider Title: Contracting Officer