WOL Liquid Oxygen- KO Determination Limiting Competition (Final)_Redacted.pdf

Contracting Officer's Determination – Limiting Competition at or Below the Simplified Acquisition Threshold

This document is a Contracting Officer's Determination justifying a sole-source procurement for liquid dissolved oxygen (LOX) supply to Wolf Creek Dam in Jamestown, Kentucky. The U.S. Army Corps of Engineers, Nashville District, is procuring a temporary and short-term supply of LOX on an urgent basis using a firm-fixed-price purchase order contract. The daily LOX requirement is highly variable, ranging between 300 and 3,000 SCFM depending on real-time environmental factors such as water temperature, natural dissolved oxygen levels, and hydropower generation schedules. The procurement is justified under RFO 6.103-2 (Unusual and Compelling Urgency), as the previous LOX contract was exhausted before the expected December 31, 2026 expiration date, and the operational season is underway with no current contractual vehicle in place. The Government previously posted a full and open solicitation on August 31, 2026, but cancelled it on September 14, 2026 to revise evaluation criteria. This interim procurement is for a temporary 3-week supply while revised requirements are finalized and a new contract is re-solicited and awarded. Funding is provided through Operations & Maintenance, Army (OMA) from FY26 Civil Works appropriations.

The contracting activity is proceeding without pre-solicitation or synopsis publication requirements due to the urgent and compelling nature of the requirement and the solicitation's threshold below the Simplified Acquisition Threshold. The determination has been legally reviewed and approved by the Contracting Officer. The justification emphasizes that continued disruption of LOX supply would risk degraded water quality, adverse effects on aquatic life, reduced hydroelectric generation capability, substantial financial losses, and potential impacts to regional electric-grid reliability.