MVN_Approved_JA_Bayou_Chene_Closure_Rock_Contract_Redacted_(002)_Redacted.pdf

PROJECT/EQUIPMENT:

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

Rock for Temporary Diversion Dam

CONTROL NO:

MVN-19-022

AUTHORITY: 10 U.S.C. 2304 (C) (1) or (2) AMOUNT: $

PREPARED BY:

CONTRACT SPECIALIST

NAME: Cori Caimi

PHONE: 504-862-1352

DATE: 29 Aug 2019

CONTRACTING OFFICER

NAME: Ione Cataldo

PHONE: 504-862-2882

DATE:

29 Aug 2019

TECHNICAL

NAME: Michael Kreheley Digitally signed by

KREHELY.MICH KREHELY.MICHAEL.A

AEL.ANDREW.1 NDREW.1034762984

PHONE: 504-862-1338 034762984 Date: 2019.09.10 11:08:12 -05'00'

REQUIREMENTS

NAME:

PHONE:

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

DISTRICT SMALL BUSINESS SPECIALIST

SIGNATURE: WILLIS.DAVID.JAME Digitally signed by

WILLIS.DAVID.JAMES.1057482555

S.1057482555 Date: 2019.08.30 07:29:44 -05'00'

NAME: David Willis

DATE: 30 August 2019

PHONE: {504) 862-2627

PROJECT MANAGER

SIGNATURE:

PAGE.JOHN.R Digitally signed by PAGE.JOHN.REXFORD.

NAME: John Page EXFORD.114 1146908850

6908850 Date: 2019.09.16 10:01:37 -05'00'

DATE: 16Sept19

PHONE: 337-291-3015

DISTRICT COUNSEL

ALMERICO.JU Digitally signed by

ALMERICO.JUDITH.EX

NAME: Judith Almerico DITH.EXNICIO NICIOS.1299372444

S.1299372444 Date: 2019.09.17 08:53:49 -05'00'

DISTRICT CONTRACTING CHIEF

LOGAN.DEBO Digitally signed by

LOGAN.DEBORAH.LYN

NAME: Deborah Logan RAH.LYNN.10 N.1096439659

96439659 Date: 2019.09.17 09:59:48 -05'00'

COUNSEL FOR SCO-ATL

SIGNATURE: DENZEL.KATHERINE.D Digitally signed by

DENZEL.KATHERINE.DANIELLE.1254710462

ANIELLE.1254710462 Date: 2019.09.18 10:11:17 -05'00'

NAME:

JUSTTFTCATTON AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETTTTON

Bayou Chene Closure, Rock Contract, St Mary Parish, LA

W912P8-19-C-0043

1. Contracting Agency:

U.S. Army Corps of Engineers (USACE), New Orleans District 7400 Leake Ave. New Orleans, LA 70160-0267

2. Description of the Action:

This is the after the fact written documentation of the justification of a new firm fixed-price sole source contract, W912P8-19-C-0043, awarded to Pine Bluff Sand & Gravel Co. on 25 May 2019 in the amount of using class 210 Flood Control and Coastal Emergency (FC&C) funds in support of USACE Mississippi Valley - New Orleans District (MVN) Emergency Operations Center (EOC). The verbal approval of this justification was obtained on 24 May 2019.

3. Description of Supplies/Services:

Two types of rock were required by MVN's Emergency Operations Center to support the building of temporary diversion dams to protect Morgan City from additional flooding if the Morganza Spillway was opened. The rock was required to be delivered by barge to the sites. Options for directed standby and demurrage, forms of liquidated damages due to the contractor for government delays, were negotiated and included in the contract as options due to unknown river conditions and emergency operations.

CL N Description

Estimated Quantity Unit Unit Price

Estimated Amount

0001 Mobilization and Demobilization 1 Job

610 Crushed stone (Crusher Run for road work)

20,000

Tons

Anchor Stone (Riprap)

20,000

Tons

0004 Barge Demurrage (Option) 80 Days 0005 Directed Standby (Option) 5 Days

Period of Performance: 26 May 2019 - 01 June 2019

4. Authority Cited:

10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2 -"Unusual and Compelling Urgency"

5. Reason for Authority Cited:

a. Background: New Orleans District's 2019 flood fight was the longest on record. The Mississippi River and its tributaries were at flood stages throughout the entire system. A combination of unusually late winter snows and heavy spring rains required a second opening of the Bonnecarrere Spillway for the first time in a single year and a potential 3rd opening of the Morganza Spillway ever in its history. At the Morganza Spillway, the Mississippi River level was reaching the upper limits of its capacity and potential required operation of the structure as designed. f not opened timely, the threat of "overtopping" the structure renders it useless for the flood control purpose for which it is designed. When the Morganza Spillway is opened, it diverts water from the Mississippi River to the Atchafalaya River basin which increases flood waters to Morgan City and surrounding communities.

However, even without the opening of the Morganza Spillway, the Atchafalaya River was already starting to cause backwater flooding in Morgan City and surrounding parishes. To mitigate even worse backwater flooding in the downstream parishes in the event of opening the spillway, the MVN EOC activated emergency plans to protect Morgan City which require 40,000 tons of rock to create temporary dams. This flood protection action reduces flood impacts from back water flooding to six (6) parishes. The 610 crusher run (this is the 20,000 tons of crushed stone) was used by local government to create a temporary dike along the road of Avoca Island as part of the Bayou Chene closure (this was closed to prevent the backwater flooding). The state and local governments had already surpassed their capacities and requested Corps of Engineers assistance through the USACE PL84-99 FCCE program. The 20,000 tons of anchor stone was utilized to support the creation of a temporary dam and reinforcement of sheet pilings to complete the main portion of the Bayou Chene closure which protects the local parishes from backwater flooding. Morganza Spillway ultimately was not opened due to an unexpected 40 foot breech of Dardanelle Levee in Holla Bend, Arkansas on 31 May 2019 which resulted in the flood waters not flowing down the Mississippi drainage.

b. Justification:

One of the agency's missions is to provide flood protection. This stone requirement was part of meeting that mission. Failure to procure this contract had the ability to create devastating economic losses and losses of life which would have resulted in the agency's failure to meet its mission.

On 24 May 2019, based on the projected rainfall and flood conditions, the Morganza Spillway was scheduled for release on Sunday, 2 June 2019. To meet the agency's mission the rock needed to be in place on or before 2 June 2019 when the Morganza Spillway was scheduled to be operated.

A large part of the market research consisted of locating barges by distance with the right stone needed and tracking down owners. n general, barges needed to be towed several days to reach Bayou Bouef to deliver the 610 crusher run which was needed by 27 May 2019 in order to build roads to bring in heavy machinery to build temporary dikes and to deliver the anchor stone/rip rap to Bayou Chene by 02 June for the sheet piling reinforcement. Because the Mississippi River was so high, the speed of the river increased, causing the Coast Guard to limit tugboats to pushing a maximum of four barges at a time. This created higher demand for tugboats. The selection of a rock vendor was primarily based on how quickly they could deliver to the site which depended on their ability to access available tugboat stock.

Based on market research only Pine Bluff Sand & Gravel Co. was available to deliver the required amount of stone on or before 02 June 2019. All known sources believed capable to perform this requirement in the area were contacted. Only one other source identified that it had the amount of stone required, however, due to river conditions and likely river closures due to flood conditions there was a high risk that this source would not be able to deliver the stone in the amount of time required. This was due to the location of the stone, the sources barges, and Coast Guard warnings of likely river closures along the delivery route. None of the other vendors contacted had enough stone to satisfy the requirement. Therefore Pine Bluff Sand & Gravel Co. was determined to be the only available contractor capable of fulfilling this urgent requirement.

c) Alternatives:

There were no known alternatives that could meet the required schedule.

d) Impact:

Without the protection of the rocks in place, the six (6) parishes would have sustained flooding from the large amount of backwater as a result of the Morganza structure scheduled opening on the 2nd of June 2019. By Wednesday 29 May 2019, the town of Morgan City was protected from back flow flooding, a city of approximately 12,404 citizens; further, an estimated 158,787 citizens of Iberia Parish (73,240), Iberville Parish (33,387), St Mary Parish (54,650), and Upper and Lower St Martin Parishes, (52,160) were protected by the temporary dam.

6. Efforts to Obtain Competition:

n accordance with FAR 5.202(a)(2) The proposed contract action is made under the conditions described in FAR 6.302-2, Unusual and Compelling Urgency, and the Government would be seriously injured if the agency complies with the time periods specified in 5.203. n accordance with FAR 6.302-2 (c)(2), the agency attempted to request offers from as many potential sources as was practicable under the circumstances. Approximately four (4) known sources were contacted. See paragraph 8 - Market Research.

7. Actions to Increase Competition:

No steps are being, or will be taken, to increase competition as this was an emergency one-time event. The Morganza Control Structure was completed in 1954 and has only been opened twice:

once in 1973 and again in 2011.

8. Market Research:

Program Managers provided the name of companies running rock barges in the area. The contracting officer contacted the prime and sub-contractors on W912P818C0053.

Schedule risk was high, not only did the government need to find the quantity of stone needed, it must negotiate a fair price with the contractor(s) and have the stone shipped from its location to Bayou Chene and Bayou Bouef, timely which would depend on its location. A large part of market research consisted of locating barges by distance with the right stone needed and tracking down owners. n general, barges needed to be towed several days to reach Bayou Bouef to deliver the 610 crusher run and to deliver the anchor stone/rip rap to Bayou Chene. Because the Mississippi River is high, the speed of the river increased, causing the Coast Guard to limit tugboats to pushing a maximum of four barges at a time. This created higher demand for tugboats. The selection of a rock vendor was primarily based on how quickly they could deliver to the site which depended on their ability to access available tugboat stock. Pine Bluff, the stone supplier subcontractor on MVN's W-124 Second Lift Rock Berm contract W912P818C0053 was the only vendor with a large quantity of the stone available for delivery in the quantity needed and could meet the schedule requirement.

Attempts were made to identify any and all sources of available rock in the required timeframe.

Phone calls were made to Luhr Brothers, the prime contractor on the MVN 2019 Stone Placement D Q, and the source of the stone in Missouri, had very reasonable rates for mobilization / demobilization and rock: 610 crusher run for $ /ton, anchor stone (grade B) $ .00/ton, with $ for mobilization and demobilization, and $ /hr. for stand by cost. However, Luhr Bros.

expressed in its email that the Coast Guard was warning that they would likely close a fifty mile stretch of the Mississippi River between Chester and Cape Girardeau if the river rose to 43 feet. With more rain in the forecast, it was considered too high a risk that no rock would make it to Bayou Bouef or Bayou Chene in time to be placed before Morganza Spillway was scheduled to be opened.

A local stone vender in Morgan City, Joey Billiot was called and provided a quote of $ to $ per ton of rock delivered. However, Billiot could not deliver the stone until the 29th or 30th of May, and the 610 crusher run was required on site by Monday, 27 May 2019. n addition, Billiot only had 8,000 tons of crushed stone, and no anchor stone, which did not meet the mission requirement.

Vulcan, another local supplier, was called and but could not promise a delivery time, had limited quantities and quoted $ per ton of stone which did not meet the mission requirement.

9. II nterested Sources:

While New Orleans District identified four interested sources of rock, only one other vendor had the quantity of rock available but represented an unreasonable schedule risk. See paragraph 8 - Market Research for additional details.

10. Other Factors: High river conditions make maneuvering in the rapid waters very dangerous for pilots especially pushing barges causing the Coast Guard to limit tugboats to pushing a maximum of four barges at a time. Mr. Michael Krehely confirmed that there was a high demand for and shortage of 2000 HP tug boats which are used to pick up barges. Less powerful tugboats did not have the horsepower to fight the high speed river current. Additionally, the requirement was over the Memorial holiday weekend and short notice.

KREHELY.MICHAEL.ANDREW.1034762984 Title: Emergency Operations Signature: R E W . 10 3 4 7 6 2 98 4 Da te : 20 19 .0 9.1 6 0 7:4 3:1 8 -05 '00 ' 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: Mi chael Krehely Date: K R E H EL Y .M IC H A E L.AND Digitally signed by 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: Michael Krehely Date: K R E H E L Y .M IC HAEL.AN Digitally signed by

Title: Emergency Operations Signature: D R E W .1 0 3 4 7 6 2 9 8 4 D a te : 20 1 9.0 9. 16 08 :0 3:4 1 -0 5'0 0'

KREHELY.MICHAEL.ANDREW.1034762984

Digitally signed by CATALDO.IONE.MARIE.1230854862 Date: 2019.08.29 16:47:21 -05'00' CATALDO.IONE.MARIE.1230854862 Title: Contracting Officer Signature:

29 Aug 2019 Date: Name: one Cataldo certify that this justification is accurate and complete to the best of my knowledge and belief:

11. Technical Certification

12. Requirements Certification

13. Fair and Reasonable Price Determination

14. Contracting Officer Certification

Approval Signature Block

Based on the foregoing justification, hereby approve the award of contract W912P819C0043 in the estimated amount of including options on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(2) and FAR 6.302-2(a)(2), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Alternate Advocate for Competition US Army Corps of Engineers

Digitally signed by

EICHHORN.LAURA.J.10262

54783 Date: 2019.09.18 14:53:52

- 04 '0 0 ' Signature:

Laura J. Eichhorn Date: 1 8 S e pt e m b e r 2 0 1 9

Date: 2019.08.29 16:47:01 -05'00' Digitally signed by CATALDO.IONE.MARIE.123085486 862 CATALDO.IONE.MARIE.1230854 Title: Contracting Officer Signature:

Date: 2 9 A u g 2 0 1 9 Name: one Cataldo hereby determine that the anticipated cost or price to the Government for this contract action was fair and reasonable based on an independent government estimate, market research, competition, and current emergency conditions of the river Certified cost or pricing data will not be required per FAR 15.403-1(c)(1)(iii).