GLMRIS_J A_Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity - U.S. Army Corps of Engineers, Chicago District (CELRC-PM- CT - National Contracting Organization), 111 North Canal Street, Suite 600, Chicago, Illinois 60606-7205

2. Description of Action - The Chicago District proposes to award a sole source, firm-fixed price services contract to Charles Melching (hereafter, Melching) for technical support services.

3. Description of Supplies/Services – This action is for the procurement of technical services in support of water quality modeling of the Chicago Area Waterway System (CAWS) for the Great Lakes and Mississippi River Interbasin Study (GLMRIS). The existing DUFLOW model will be utilized to provide supporting data to quantify water quality impacts to area waterways due to hydrologic separation alternatives. The final product will be a report documenting the water quality modeling results, including a narrative description and geographical representation. The estimated value of this action is $61,417.00.

4. Authority Cited – The statutory authority permitting other than full and open competition for this action is 10 U.S.C. 2304(C)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

5. Reasons for Authority Cited:

a. Melching’s Unique Qualifications: Dr. Melching is currently a full professor at Marquette University, where his primary research is in hydraulic and water quality modeling for the Chicago-area waterway. From 2000 through present, Dr.

Melching has developed a robust unsteady water quality model using DUFLOW.

Over the past twelve years the model has been calibrated, verified and continuously improved based on the acquisition of additional hydraulic information and water quality data. Dr. Melching’s primary research sponsor has been the Metropolitan Water Reclamation District for Greater Chicago (MWRDGC). MWRDGC is responsible for the operation of seven wastewater treatment plants, as well as the control of the Chicago waterway system in order to meet water quality standards and flood control needs of the greater Chicago area. Based on his career experience and current research interests, Melching possesses a profound familiarity with the northeastern Illinois watersheds and the Chicago waterway system. Melching has also maintained a long-standing, positive relationship with MWRDGC, and consequently provides a wealth of knowledge and unique insight into how the Chicago area waterways are operated. Melching demonstrates an exhaustive knowledge of the DUFLOW model, as he and his graduate students have aided in the development and improvement of the water quality model for over a decade. Melching has authored or co-authored twenty-one technical reports, conference papers, and journal articles related to the hydraulic and water quality assessment for the Chicago waterway system.

b. Duplication of Cost: As Phase II of the water quality modeling efforts for GLMRIS are a natural extension of the Phase I study, attempting to find a new principal researcher/contractor to continue evaluating the modified water quality conditions under various separation alternatives will involve an inevitably steep learning curve. Acquisition of a new model, development and calibration of a model, as well as conducting the initial baseline modeling effort would involve a duplication of substantial efforts to date, at a significant cost to the Government. It is unknown if a researcher or contractor can even be found that would have knowledge of the DUFLOW model and be able to reproduce the work to date.

The Chicago District estimated that it would cost as much as $400,000 to duplicate the work required to complete the required modeling. including two years of project time, could be saved if the modeling efforts are continued to be performed by Dr. Melching.

c. Unacceptable Delay: It would take another entity at least two years to re-construct the model and baseline work that was completed through phase I of the project, and years to acquire the specifically related knowledge that the Melching has. In addition to the CAWS work described in this document, a separate hydrodynamic and water quality modeling study for Lake Michigan is being conducted concurrently for GLMRIS. Part of this effort is dependent on the modeling results from the Chicago waterway system DUFLOW model, as the output into Lake Michigan from the Chicago waterway will serve as boundary conditions. Consequently, any delay in setup or performance of the DUFLOW water quality modeling will directly affect the corresponding Lake Michigan water quality modeling effort.

6. Efforts to Obtain Competition – Research by the technical team indicates that Melching is the only producer of the equipment required to carry out the work. The Government posted an announcement on the Federal Business Opportunities website announcing its intention to sole-source this contract, and invited any interested entities to send a capabilities statement. The announcement was posted for 15 days from June 27 through July 12, 2012. No responses were received.

7. Actions to Increase Competition – Technical advisors of the USACE Chicago District have researched the marketplace for other providers, to no avail.

8. Market Research – Market research has been completed in accordance with FAR Part 10. The Government posted an announcement on the Federal Business Opportunities website announcing its intention to sole source this contract, and invited any interested entities to send a capabilities statement. The announcement was posted for 15 days from from June 27 through July 12, 2012. No responses were received.

9. Interested Sources – As required by FAR 5.201, a notice was published on FBO.

Within the closing period, and to date, no other sources have written to express interest.

10. Other Factors:

a. Procurement History: In 2011, Melching began conducting a detailed study on the response of water quality parameters to various potential physical separation scenarios in the Chicago waterway through an arrangement wherein Marquette University received funding from the U.S. Army Corps of Engineers through the

USGS State Water Resources Research Institute (WRRI) Program. The funds provided to Melching in 2011 covered Phase I of the water quality modeling efforts. During Phase I, Melching’s tasks included updating and calibrating the DUFLOW water quality model, as well as conducting the first of five required model runs. This first run was identified to establish baseline conditions in the Chicago waterway system.

b. Acquisition data: A solicitation suitable for open competition has not been developed because no other source has the DUFLOW model or the information to easily duplicate the model required to complete the work.

c. Subcontracting Opportunities: There are no sub-contracting opportunities available.

11. TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

Name: Date: __ _________

Title: Signature: ___ ______

12. 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.

Name:

Title:

Signature:___ ____ Date:__ ____

13. FAIR AND RESONABLE COST DETERMINATION:

I hereby determine that the anticipated cost to the government for this proposed contract will be fair and reasonable. The contractor’s proposal will be evaluated using cost/price analysis and if necessary DCAA audit recommendations to assess whether the costs proposed are current and justifiable. The final negotiated agreement will give full consideration to all contractual requirements including deliver schedule to support this determination. Since the acquisition isn’t equivalent to or above $700K, the contractor will not be required to supply a certificate of current cost and pricing data.

Name: __________ Date: ___ ____

Title: ___ Signature: ___ _____

14. OFFICE OF COUNSEL:

I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

Name: Date: __ ________

Title: Signature: __ _____

15. CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief. This certification constitutes approval of this justification pursuant to FAR 6.302- 1.

___ _____ Date: __ _

CONTRACTING OFFICER