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This Justification & Approval (J&A) document supports a sole-source procurement for the Southeast Louisiana Urban Flood Control Project (SELA) 26.1a, Florida Avenue Utility Relocations by the U.S. Army Corps of Engineers New Orleans District. The project involves utility relocations under Norfolk Southern Railroad tracks, with specific brand-name requirements for waterproofing systems, pipe casing, water line valves, and coatings to meet the operational needs of the Sewer and Water Board of New Orleans (SWBNO).

Key brand-name specifications include: (1) waterproofing using Bridge Deck Membrane, Eliminator, or Wasser Polyflex 31 systems; (2) Permalock steel pipe casing for jack and bore operations; (3) Kennedy valves, Wood Gate Valves, and American RD Gate Valves; and (4) Carboline 777 and Madewell 1103 Coal Tar Epoxy coatings. The J&A justifies these specific requirements based on railroad and utility board specifications, project constraints, and the need to ensure compatibility with existing infrastructure and maintenance capabilities. The procurement is being conducted under 10 U.S.C.2304(c)(1), which allows for acquisition from only one responsible source.

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JUSTIFICATION & APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION #: W912P8-25-B-0048

PROJECT: Southeast Louisiana Urban Flood Control Project (SELA) 26.1a, Florida Avenue Utility Relocations

1. Contracting Agency:

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

2. Description of the Action:

The SELA 26.1 (Florida Avenue Phase IV) construction contract for SELA Work in the Peoples Avenue Subbasin was issued after the construction contract for SELA 26 which New Orleans district conducted a terminated for convenience (T4C) on 02 February 2022. Therefore, the follow-on contract re-procurement, named SELA 26.1a will include work that was previously approved by CEMVN in the administration of the SELA 26 construction contract. The SELA 26.1a construction contract will consist of realigning the Peoples Canal and the Florida Avenue Canal. This justification and approval will in accordance with 10 U.S.C.2304(c)(1), FAR 6.302- 1: Only one responsible source and no other supplies or services will satisfy agency requirements.

The estimated value of the Brand Name equipment is . The estimated cost of all work included in the project is .

3. Description of Supplies/Services:

a. Waterproofing: Request the approval for the inclusion of a brand-name material for waterproofing top slab of box culverts inside of Norfolk Southern Railroad (NSRR) Right of Way (ROW). Cold spray membrane waterproofing system must be approved by NSRR. The only approved systems are Bridge Deck Membrane by Bridge Preservation, Eliminator by Sterling Lloyd Products, or Wasser Polyflex 31.

b. Pipe Casing: Request the approval for the inclusion of a brand-name material, Permalock steel pike casing, for jack and bore operations under railroad tracks.

a. Water line - values: Request the approval for the inclusion of a brand-name material in order to support Sewer and Water Board of New Orleans (SWBNO) future operation and maintenance requirements. These include Kennedy values, Wood Gate Valves, and American RD Gate Valves

b. Water line - Restrained Joint Connections: Request the approval for the inclusion of brand-name material in order to support Sewer and Water Board of New Orleans (SWBNO future operations and maintenance requirements. The restrained joint connectors will be placed in an above ground condition and must be capable of resisting the environmental and structural conditions necessary to function without issue. These include EBAA Iron, American Flex-Ring and US Pipe restrained joint fittings.

c. Waterline - Ductile Iron Pipe: Request the approval for the inclusion of brand-name material in order to support Sewer and Water Board of New Orleans (SWBNO) future operations and maintenance requirements. The material with standard connections will allow the pipe to be repaired in the future with materials SWBNO has immediate access to in the event of a failure. These include American Flex-Ring and US Pipe materials.

d. Coatings: Request the approval for the inclusion of a brand-name material, Carboline 777 and Madewell 1103 Coal Tar Epoxy, in order to support Sewer and Water Board of New Orleans (SWBNO) future operation and maintenance requirements

e. Mechanical Connectors: Request the approval for the inclusion of brand-name material in order to support Sewer and Water Board of New Orleans (SWBNO) future operations and maintenance requirements. The connectors allow for the most complete splicing while minimizing the chance of installation error.

4. Authority Cited:

10 U.S.C.2304(c)(1), FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

NSRR Public Project Manual (1JAN22) H.4.3.3: Top surface of the deck or deck plates and side walls or side plates are to be protected with a Cold Spray Membrane Waterproofing System per manufactures requirements

a. Wasser Polyfelx 311, 4118 B Place NW Suite B, Auburn, WA 98001, USA. TEL:253- 850-2967

b. Eliminator By Sterling Lloyd Products, IN., 152 Rockwell Road, Building A, Newington, CT 06111. USA, TEL:860-666-5008

c. Bridge Deck Membrane by Bridge Preservation, 87 Shawee Ave., Kansas City, KS

66105, TEL: 973-321-9000

5. Reason for Authority Cited:

Waterproofing

a. Background – The following box culverts are located withing NSRR Right of Way (ROW): B-FL-08 thru B-FL-15, B-PEO- 01, B-PEO-02, B-PEO-04, B-PEO-06-B thru

B-PEO-08, temporary diversion culvert, and B-LAT-01-A thru B-LAT-04. Since the above box culverts falling within NSRR railroad, all designs and specifications must be approved by NSRR. The NSRR requires specifications, one of which is the waterproofing system for the top slab of the box culverts.

b. Justification – In accordance with NSRR Public Project Manual, H.4.3.3, the top surface deck of these culverts must be one of three named brand systems. These systems are Bridge Deck Membrane by Bridge Preservation, Eliminator by Sterling Lloyd Products, or Wasser Polyflex 31. All other waterproofing systems are not approved for railroad use.

c. Alternatives –There are many different types of waterproofing systems on the market.

These systems have different specifications that have been reviewed and denied for use under railroad tracks due to lack of testing with railroads. Other alternatives include installing butyle rubber sheeting and rubber cement. These alternatives will significantly increase the time and cost to complete the waterproofing task due to the review from NSRR and installation.

d. Impact – If the above-mentioned waterproofing systems are not used, NSRR would have to conduct a review on the new plan to waterproof the box culverts. This will cause a delay and additional cost as the review time can take up to six months. In addition, NSRR will disapprove this change because it will go against their polices and guidelines.

Pipe Casing

a. Background – The SELA 26.1 will include several utility relocations that will be conducted under several active NSRR railroad tracks. To complete these relocations jack and bore operations will be used. The process of jack and bore is and expensive process that allows the contractor to tunnel and emplace piping for utilities in a way that leaves the railroads above ground undisturbed. This process will require extensive coordination with NSRR to deconflict track time with our welding process. As the workers weld sections of pipe together, they must stop every time a train in entering their vicinity, therefor the contractor must coordinate with NSRR “track time”, which is the working times of the crew. The SELA 26.1 job site is one of the most active railroad sites in the city, limiting the amount of “track time” available.

To decrease the amount of “track time” required to weld casing together we are requesting to use Permalok steel casing pipe.

b. Justification – Permalock casing pipe utilizes a locking method to connect pipes together instead of the traditional welding method. Utilizing Permalok will allow the contractor to decrease the time it will take to connect two sections of pipe, increasing the amount of emplaced pipe to 200 linear feet per day. It will also eliminate the need for “track time” because no wielding will be needed. Permalok, made by Northwest Pipe company, is a patent designed that currently one company produces. In addition, NSRR has reviewed and approved this method as feasible.

c. Alternatives – Utilizing the traditional method of welded steel casing pipe would decrease the work output to 60 linear feet per day. For a jack and bore operation that will need to be completed within 24hrs this is not acceptable. In addition, using the traditional method would increase the overall all cost and time of the operation due to deconfliction with NSRR and coordination of “track time”.

d. Impact – If Permalock system is not used, the contact will take on additional risk to both schedule and budget. Our ability to weld will greatly depend on NSRR and our ability to get “track time” to conduct work. Based on the history of the project, capabilities of both NSRR and the contractor, and the timeline of 24 hours to complete the operation, we do not believe the traditional method is feasible.

Water line values

a. Background – SELA 26.1 will include multiple water line relocations that are funded by the non-federal sponsor, the SWBNO. At the completion of the project SWBNO will be expected to operate and maintain (O&M) these utilities. The SWBNO has requested we purchase values from Kennedy values.

b. Justification – Allowing the contractor to buy and emplace values is critical to SWBNO capability to take over the O&M for utilities once the project is complete. These values include Kennedy values, Wood Gate Valves, and American RD Gate Valves for different applications. SWBNO only utilizes these values with their other projects and are familiar on how to maintain them and have replacement parts on hand if needed.

c. Alternatives – There are many different manufactures of water valves on the market.

These systems have different specifications that have been reviewed in our market research.

d. Impact –Kennedy values are the only ones that work within their system. If these values are not used, SWBNO’s cost to operate and maintain the equipment will increase.

Additional training may also be required by the members of SWBNO on the values as well. For the non-federal sponsor for SELA 26.1, SWBNO, this is not an acceptable course of action.

Coatings

a. Background – SELA 26.1 will include multiple water line relocations that are funded by the non-federal sponsor, the SWBNO. At the completion of the project SWBNO will be expected to operate and maintain (O&M) these utilities. The SWBNO has requested we purchase values from Kennedy values.

b. Justification – All sewer force mains and water mains larger than 30” required Carboline 777 Coating as per SWBNO requirements. SWBNO only utilizes these coatings with their other projects and are familiar on how to maintain them and have replacements on hand if needed.

c. Alternatives – There are many different manufactures of coatings on the market. These systems have different specifications that have been reviewed in our market research.

d. Impact –SWBNO’s cost to operate and maintain the equipment will increase without proper coating. Additional training may also be required by the members of SWBNO on the values as well. For the non-federal sponsor for SELA 26.1, SWBNO, this is not an acceptable course of action.

6. Efforts to Obtain Competition: The Project Development Team (PDT) have required that the requiring offices provide feasible solutions for water proofing, pipe casing, and water line values.

This included the salient characteristics for all brand name or equal items included within all future specifications. Many alternatives where obtained, however ruled out as not feasible due to the fact it did not meet the demands of the project, NSRR, or SWBNO.

7. Actions to Increase Competition: The PDT has conducted an analysis on the competition in the

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