Approved_MVN_SaltWater Sill_ATFJA_2023.10.03.pdf

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: Mississippi River, Baton Rouge to the Gulf of Mexico, Saltwater Barrier Sill, Cutterhead Dredge CONTROL NO: MVN-23-0015

AUTHORITY: 10 U.S.C. 3204 (a) (2) AMOUNT: $9,747,500.00

PREPARED BY:

CONTRACT SPECIALIST

NAME: Cori Caimi

PHONE: 504-862-1352

DATE:

0 / /2023

CONTRACTING OFFICER

NAME: Katherine Younts

PHONE: 504-862-2803

DATE: 0 / /2023

TECHNICAL

NAME: Michelle Kornick

PHONE: 504-862-1842

DATE: 0 / /2023

REQUIREMENTS

NAME: Michelle Kornick

PHONE: 504-862-1842

DATE:

0 / /2023

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:

NAME:

DATE:

PHONE:

PROJECT MANAGER

SIGNATURE:

NAME: Michelle Kornick

DATE:

PHONE: 504-862-1842

DISTRICT COUNSEL

SIGNATURE:

NAME:

DATE:

PHONE:

DISTRICT CONTRACTING CHIEF

SIGNATURE:

NAME: Cynthia Hall

DATE:

PHONE: 504-862-2874

SCO COUNSEL

SIGNATURE:

NAME:

DATE:

PHONE:

Judith Almerico for David Dyer

09/29/2023

504-862-2830

FOR OFFICIAL USE ONLY

Justification and Approval Other than Full and Open Competition

Unusual and Compelling Urgency Mississippi River, Baton Rouge to the Gulf of Mexico, Saltwater Barrier Sill, Cutterhead Dredge

1. Contracting Activity:

U.S. Army Corps of Engineers New Orleans District, Contracting Division 7400 Leake Avenue, Rm 172 New Orleans, LA 70118

2. Description of Action:

This is an after-the-fact J&A pursuant to the authority implemented in FAR 6.302-2, Unusual and Compelling Urgency for a sole source contract awarded to Weeks Marine by the New Orleans District (MVN) on 06-July-2023 for Mississippi River, Baton Rouge to the Gulf of Mexico, Saltwater Barrier Sill in the amount of $9,747,500.00. The sole source solicitation and resultant contract, W912P823C0026, was an urgent response to saltwater intrusion in the Mississippi River, threatening public and industrial water supplies in Plaquemines Parish, St Bernard Parish and Orleans Parish, triggering an urgent need to dredge and build an underwater sill across the river bottom to block or limit its flow and progress up the river.

The trigger to take action on construction of the saltwater barrier sill is when the toe of the saltwater wedge will reach River Marker (RM) 80 with the 28-day forecast and RM65 with the 10-day forecast. This trigger was designed to protect the freshwater intake for the city of Belle Chasse, LA, which is located at RM 75.7. The face of the wedge is approximately 15 to 25 miles long. Therefore, surface waters will exceed the EPA�s public water supply standard of 250 ppm chloride approximately 15 to 25 miles downstream of the toe of the wedge.

Advancement of saltwater intrusion to meet the triggers for construction of the saltwater barrier sill is expected to occur approximately every 10 years. Construction of the saltwater barrier sill was previously constructed in 1988, 1999, 2012 and 2022. Since the triggers were met and construction of a saltwater sill required in 2022, the requirement to construct a saltwater barrier sill in 2023 (less than 1 year from prior construction) was unprecedented and unexpected. Decision to move forward with saltwater barrier sill construction was made on 29 June 2023 based on expectations of hitting the triggers on about 30 June 2023. Both saltwater sill construction triggers were exceeded with the 30 Jun 2023 river forecast.

As of 30 June 2023, the Mississippi River discharge below Carrollton was 191,000cfs. The location of the toe of the saltwater wedge based on the 10-day average river discharge of 198,000cfs was estimated to be at RM 54.4 AHP on 30 June 2023. The latest MVN 10-day forecast for the MS River predicts a continued fall which will result in an average discharge of 171,000cfs and wedge toe position at RM 73 AHP on 10 Jul 2023. The National Weather Service (NWS) 28-day forecast issued on 30 Jun includes only the next 48 hours of rain and predicts a continued fall which will result in an average discharge of

136,000cfs and wedge toe position at RM 106.5 AHP on 28 Jul 2023.

The action is a Firm Fixed Price C-type contract with the contract scope to construct an underwater saltwater barrier sill. It is estimated that it will take one (1) base period of 250 dredging hours, and one (1) option period of 250 dredging hours to accomplish the scope of work. The base of this contract will last for approximately 23 days, during which time the contractor will mobilize, and the barrier is expected to be constructed. Pursuant to FAR 52.217-7, Contracting Division included an option (also for 23 days), due to the fact that the Government cannot immediately ascertain how high the barrier must be constructed, which will supplement the base work in case more duration is required.

Throughout barrier construction, USACE hydraulic engineers will sample and study the water�s salinity content to determine the sufficient height.

The USACE New Orleans District (MVN) received verbal approval from the Senior Contracting Official (SCO) office for the Justification and Approval and award processes on 29 June 2023, which ensured the successful award of the contract on 06 July 2023.

The resulting total contract value of $9,747,500.00 for 250 hours of performance and 250 hours of option hours of performance. Operation and Maintenance funding was used for this contract, Purchase Request & Commitment No. W42HEM31861104.

An acquisition plan is not required IAW Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services:

Dredging services are required by the USACE New Orleans District for immediate response to saltwater intrusion in the Mississippi River that is threatening public and industrial water supplies in Plaquemines Parish, St Bernard Parish and Orleans Parish.

The MVN requirement to mitigate this urgent situation is to construct a saltwater sill by dredging earthen material and placing that material across the river bottom to create a barrier and restrict saltwater migration further upriver. The anticipated price for this work was $7M-10M, resulting contract value is $9,747,500.00.

When the Mississippi River discharge measured at Tarbert Landing drops to 400,000 cubic feet per second (cfs), the CEMVN Engineering Division, Hydraulics and Hydrologic Branch initiates monitoring for low flows by keeping abreast of the long range 28-day forecast. This forecast is provided by the NWS, Lower Mississippi River Forecast Center.

The forecast accounts for all hydrometeorologic activity in the Mississippi River Basin including reservoir releases and holdouts. Forecasts are based on future rainfall covering only the next 24 hours. Future rainfall beyond the next 24 hours is not applied to the remaining forecast period. Therefore, the 28-day forecast is a conservative indicator of future river conditions.

Historically, the saltwater wedge enters the lower river when the discharge drops below 350,000 cfs. Based on historical relationships the location of the saltwater wedge can be estimated. When the discharge drops to 300,000 cfs the toe of the saltwater wedge should be located at about Head of Passes or RM 0. Field verification is performed by CEMVN Engineering Division to benchmark the advance of the saltwater wedge at a given flow. Monitoring is continued to chart the upstream progress of the saltwater wedge. The CEMVN Engineering Division recommends when action should be taken for construction of a saltwater barrier sill based on the defined triggers discussed above.

The CEMVN Engineering Division monitoring report issued on 27 June 2023 recommended no action be taken on construction of a saltwater barrier sill. However, on 29 June 2023, based on expectations of possibly hitting the triggers as early as 30 June 2023, the decision was made to move forward with construction of a saltwater barrier sill which resulted in the need for this contracting action. On 30 Jun 2023 conditions were worse than expected and it was discovered that both saltwater sill construction triggers were exceeded based on the updated NWS river forecast which was released that same day. On 30 Jun 2023 the CEMVN Engineering Division recommended, and confirmed, that action be taken on construction of the saltwater barrier sill.

On 30 June 2023, the Mississippi River discharge below Carrollton was 191,000 cfs. The location of the toe of the saltwater wedge based on the 10-day average river discharge of 198,000 cfs was estimated to be at RM 54.4 AHP on 30 June 2023. The latest MVN 10-day forecast for the Mississippi River predicted a continued fall which would result in an average discharge of 171,000 cfs and wedge toe position at RM 73 AHP on 10 Jul 2023.

The NWS 28-day forecast issued on 30 Jun included only the next 48 hours of rain and predicted a continued fall which would result in an average discharge of 136,000 cfs and wedge toe position at RM 106.5 AHP on 28 Jul 2023.

Due to the drastic change in the predicted advancement of the saltwater wedge within less than one day and with both construction triggers being exceeded on 30 Jun 2023, the need for construction of a saltwater sill was not identified with enough time to procure the services using normal, competitive procedures. Based on previous experience, it takes at least 2 weeks after sill construction before it becomes effective in restricting saltwater movement. Based on market research input, MVN concluded that it would take a minimum of 10 days after contract award for mobilization and pipeline installation. Using an aggressive estimated competitive contracting timeline, including IFB procedures, saltwater contamination could be as high as RM 91.5 AHP on 28 July 2023 (28 miles upriver from the saltwater barrier sill) before the sill would be effective in restricting progression of saltwater. This would result in contamination of public drinking water of numerous parishes in south Louisiana. For these reasons the contracting timeframe and rapid mobilization of the contractor became even more vital in the ability to respond, and a sole source timeline was deemed necessary to increase the likelihood of stopping the advancement of saltwater before it reaches drinking water intakes.

4. Authority Cited:

10 U.S.C. 3204(a)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited:

In accordance with FAR 6.302-2, �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.�

a. Background:

The bottom of the Mississippi River, as far north as Natchez, Mississippi, lies below sea level. Ordinarily, the immense flow of the river, which drains portions of 32 States and two Canadian provinces, keeps the Gulf of Mexico saltwater out of its channel. During extreme low river flows, saltwater can travel up the Mississippi River from the Gulf of Mexico.

Mississippi River discharge flows low enough to allow saltwater intrusion to progress far enough upriver to impact freshwater intakes triggers construction of an underwater sill to restrict the saltwater progression.

b. Justification:

The current Mississippi River discharge is extremely low for this time of year and has allowed saltwater to travel from the Gulf of Mexico up to river mile 65.7. With no rain or increased discharge forecasted for the next 10-28 days, saltwater will continue migrating upriver. The Congressionally authorized enlargement of the Mississippi River�s deep-draft navigation channel from 40 ft to 45 ft and subsequently to 50 ft causes an increase in the duration and extent of saltwater intrusion from the Gulf of Mexico. As a mitigation feature of the enlarged deep-draft channel, MVN constructs a saltwater sill at approximate Mississippi River mile 63.8 to arrest the progression of saltwater intrusion and protect freshwater intakes along the river from high levels of salinity. Construction of the saltwater sill is required approximately every 10 years and was previously constructed in 1988, 1999, 2012 and 2022. The current extreme low water in the Mississippi River will result in the unprecedented requirement to construct a saltwater sill for a second time in less than 1 year.

Human safety is the major urgent and compelling concern, as several large communities and facilities in Plaquemines Parish, St Bernard Parish and Orleans Parish depend on water processed from Mississippi River sources. Surface waters will exceed the EPA�s public water supply standard as stated in the US Environmental Protection Agency, Mississippi River, Saltwater Intrusion Mitigation General Design Memorandum Sup #6 approximately 15 to 25 miles downstream of the leading toe of the saltwater wedge.

These infrastructure and human health and safety concerns require urgent attention and solutions to meet the Federal mitigation requirement to restrict the progression of salt water.

Additionally, there are 13 municipal and 15 industrial water supply facilities in the New Orleans vicinity. These facilities draw and treat a combined total of 468 million gallons per day (MGD) of fresh water from the Mississippi River. Desalinization procedures are very expensive, and none of the treatment plants incorporate salinity removal. The Federal drinking water standard for salinity is set at 250 parts per million (ppm) of chloride ion (Cn). Treatment plant water intakes are located near the water surface of the river, and the drinking water salinity standard was reached at the river surface at a distance of approximately 20 miles downstream from the salt wedge toe.

c. Alternatives:

Construction of the saltwater sill is a mitigation feature of the Federal deep draft ship channel and is required to arrest the progression of saltwater intrusion and protect freshwater intakes along the river from high levels of salinity. MVN considered acquiring the services through competitive acquisition procedures, but determined that competitive procedures would not satisfy the agency�s requirement to commence saltwater sill construction immediately. No other contractors had immediate availability for their capable dredge plants, as such there were no alternative that could meet the agency�s need in the time required to respond to the urgent need. Weeks Marine�s dredge is nearest to the project site, making their response time the quickest.

Additionally, Weeks Marine successfully performed construction of a saltwater sill without river closures when they performed the same scope in 2022. A competitive IFB acquisition strategy was considered; however, this was not acceptable because no other contractors had immediate availability and because, as previously discussed, there was insufficient time to conduct a competitive acquisition.

d. Outcome:

A sole source Request for Proposal (RFP) was used for this contract due to significant health and human safety concerns. The RFP was issued to Weeks Marine which was the only contractor who could meet the timeline requirements, owned the specialized plant required and had proven methods to allow continuous navigation traffic throughout construction. The RFP was issued on 30 June 2023. The proposal was received on 04 July 2023. The proposal was approximately 23.73% above the Independent Government Estimate (IGE) and was found acceptable for award. Contract No.

W912P823C0026 was awarded on 06 July 2023 and Notice to Proceed was issued on 07 July 2023. Work commenced on the saltwater sill on 08 July 2023. Construction is now underway on the underwater sill to block upriver progression of saltwater in the Mississippi River that is threatening area water supplies.

6. Efforts to Obtain Competition:

This requirement was initially scheduled for advertisement with full and open competition, but saltwater movement up the Mississippi River was faster than anticipated. All qualified Mississippi River dredging contractors were contacted regarding capability and availability, only one (1) capable contractor was available to meet the required timeframes and in the local vicinity. To ensure the immediate commencement of construction of the sill, it was determined that a sole source award was the only alternative available to satisfy the requirements of the government within the required time frame.

Weeks Marine is the contractor for this requirement. Weeks Marine is the only contractor capable of performing the required scope and schedule since they have the available capacity and resources to perform this vital work. They are within 12 miles of the construction site, are aware of the conditions, and have successfully completed previous contract requirements with the same scope. Should subcontracting opportunities arise, priority will be placed on subcontracting to small businesses.

7. Actions to Increase Competition:

Contracting and Operations Division collaborated on ways to increase competition for this requirement. Operations Division provided the list of contractors with approved dredges capable of completing the requirement. These contractors were contacted to determine availability and location of those dredges for this urgent need. Weeks Marine had a capable and available dredge working just 12 miles downriver on a project for another agency. Continuing to solicit this requirement as an IFB wouldn�t have increased competition due to the shortened timeline and lack of availability. The Government will continue to perform Market Surveys to determine dredge availability and hold bid openings for new work. Efforts will be made to ensure future requirements are acquired competitively. Advancement of saltwater intrusion to meet the triggers for construction of the saltwater barrier sill is expected to occur approximately every 10 years. Construction of the saltwater barrier sill was previously constructed in 1988, 1999, 2012 and 2022. The requirement to construct a saltwater barrier sill multiple times in less than 1 year was unprecedented and unexpected. Based on prior river analyses, this frequency should not occur. There is no method to prevent saltwater intrusion; however, additional analyses may be performed to determine if changing river hydrology will require more frequent saltwater sill construction. This will allow MVN to plan for the competitive acquisition of future requirements.

8. Market Research:

Market Research was performed in collaboration with Operations Division. All prospective contractors must submit a request to have their dredge plants evaluated and approved prior to bidding. This requirement is to ensure that their dredge is available and to ensure that they can meet the technical requirements of the contract. There are currently six contractors that own Cutterhead Dredges with 30- inch or greater inside diameter pump discharge with submerged pump, which is required for this project due to the depth and strong current of the Mississippi River. Due to limited availability of material in the borrow site this contract was further limited by the requirement of a 90 ft dredging depth. The contractors on the cutterhead dredge source list were contacted to discover availability and location of their capable dredges. Research has shown that, with the exception of Weeks Marine�s J S Chatry, no other capable dredges are available at this time.

9. Interested Sources

Weeks Marine is the only known interested source capable of meeting the dredging requirements within the required timeframe. This requirement was not synopsized pursuant to the exception in FAR 5.202(a)(2).

10. Other Facts:

The only other after-the-fact approval received was for the Small Business Subcontracting Plan. The SBA did not respond within the prescribed five days therefore, the local Deputy of Small Business Programs concurred with the Subcontracting Plan.

11. Technical & Requirements Certification: 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.

Date: Typed Name:

Title: Operations Manager Signature:

13. Fair and Reasonable Cost Determination: Due to favorable price analysis and technical evaluation, I hereby determine Weeks Marine�s proposal to be fair and reasonable.

Typed Name: Katherine Younts Date:

Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Katherine Younts Date:

Title: Contracting Officer Signature:

Approval Based on the foregoing justification, I hereby approve Contract No. W912P823C0026 for an additional $9,747,500.00 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.3204(a)(2), Unusual and Compelling Urgency, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Kimberly A. Marshall Alternate Advocate for Competition � Atlanta