Justification_and_Approval_(J&A)_-_Redacted.pdf

Justification and Approval for Other Than Full and Open Competition Justification

1. Contracting Activity: U.S. Army Corps of Engineers (USACE), Louisville District (District), P.O. Box 59, Louisville, KY 40201

2. Description of Action: This action is a request sole source firm fixed price with Hydrogeologic, Inc. Reston, Virginia (HGL) for services, not to exceed using appropriated Civil Works Operations and Maintenance funds.

3. Description of Services: The Louisville District Water Quality Program uses CE-DASLER (Corps of Engineers-Data Management and Analysis System for Lakes, Estuaries and Rivers) as the primary software to manage physical, chemical, and biological water quality data from the twenty reservoirs and the segment of the Ohio River within the district’s civil works boundary. This action is to acquire services to incorporate the most recent water quality data into the Louisville District Water Quality Database (WQD); to correct known issues with historically entered data, and; to perform quality control and quality assurance checks on specific files to determine if any additional unknown data issues exist.

4. Authority Cited: The statutory authority permitting acquisition of the requirement by Other than Full and Open Competition is 10 U.S.C. 2304 (c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(b)(1)(i) – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: The CE-DASLER Software was developed for the Corps by Environmental Consulting Engineers (ECE) and is available to any contractor. However, ECE was later sold and HGL now possesses the CE-DASLER Software development information and experience. As described in Section 10 of this document, the District has solicited for CE-DASLER services through open competition previously. For the services that have been awarded to contractors other than HGL, it is estimated that approximately of revisions and corrective services are needed. HGL’s performance as prime contractor or subcontractor has always resulted in an acceptable work product. While the District has attempted to secure CE-DASLER services using competition, the quality and completeness of the services provided by parties other than HGL have not been satisfactory or successful. Based on the information contained in the paragraphs below, there is a reasonable basis to conclude that the District’s minimum needs can only be satisfied by the unique capabilities of HGL in using the CE-DASLER Software.

6. Efforts to Obtain Competition: See Paragraphs below.

7. Actions to Increase Competition: It is not anticipated that future requirements for these services will be necessary. Should there be a need, subsequent requirements will be reviewed to identify possibilities for competitive procurements

8. Market Research: The District contacted various other districts that use CE-DASLER to identify other contractors that have successfully completed similar database work. To date, no other contractors have been identified, as these districts are completing database work using either USACE personnel or they are working directly with HGL for these services. The District also contacted districts using software other than CE- DASLER to manage water quality data to identify contractors that have successfully completed similar database work. To date, no other contractors have been identified.

9. Interested Sources: To date, no other sources have written to express an interest. Notices required by FAR

5.201 shall be published, and any bids or proposals received shall be considered.

10. Other Facts:

Procurement history. The District has made meaningful efforts to obtain CE-DASLER services through competitive procedures since 2012.

In FY12 a task order was issued under an 8(a) ID/IQ contract and, due to an ambiguity in the contract, proceeded to import the specified data into the WQD using Microsoft Access rather than using the CE- DASLER software. This has resulted in a significant number of man-hours for the District to conduct quality control checks to determine if the data is actually present in the WQD.

In FY13, the District solicited bids for CE-DASLER services from three contractors, however, HGL was the only company to submit a proposal and their proposal was found to be fair and reasonable. In fulfilling the scope of work for this contract, HGL had to make many corrections to the data entered into the WQD under the FY 12 task order and identified further data issues. The terms of this contract were successfully fulfilled.

In FY14, the District solicited bids for CE-DASLER services from three contractors under a GSA action.

However, only one company submit a proposal and was awarded the action. HGL was excluded from bidding on this contract due to a lapse of GSA approval. HGL was subcontracted to perform the CE-DASLER database work. HGL had to make additional corrections to the data entered into the WQD during the FY12 task order.

The terms of this contract were successfully fulfilled.

In FY15, the District solicited bids on GSA for CE-DASLER services and five quotes were received. The awarded contract was terminated after multiple deadline extensions were requested and missed, due to the contractor’s underestimation of time to complete the tasks described in the scope of work.

11. Technical Certification: Include the following statement:

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.

Typed Name:

Title: Biologist

Date: _ ______

Signature:

12. 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.

Typed Name:

Title: Chief, Environmental Engineering Section

Date: ___ ____

Signature: _______________

13. Legal Review and Concurrence:

I hereby determine that the information herein is legally sufficient and I concur with the sole source procurement.

Typed Name:

Title: Deputy District Counsel

Date: ___________________

Signature: _ _____

14. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Award of this contract will utilize cost analysis to evaluate the reasonableness of individual cost elements found within the proposal. Cost analysis will be performed in conjunction with a comparison of the proposed cost of historical prices paid, and in comparison with an independent Government cost estimate.

Typed Name: Date:___

Title: Contracting Officer Signature:

15. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name:

Title: Contracting Officer

Date: ____

Signature: _

Approval

Based on the foregoing justification, I hereby approve a sole source firm fixed price Purchase Order with Hydrogeologic, Inc, Reston, Virginia (HGL) for CE-DASLER software database management services pursuant to the authority of 10 U.S.C.2304(c); FAR 6.302-1(b)(1)(i), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Approved By:

Typed Name: Denise A. Bush

Title: Chief, Contracting Division

Date: ___________________

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