WBR-1406_303-1_JOTFOC_FAR-8JAN24_Pole_Hill_Afterbay_Outlet_and_Siphon_Repair(_Signed)_1.pdf

Award Number:140R6024C0004 Page 1 of 4

WBR 1406.303-1 Template 1 eFile - B02 (04/2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)). U.S. Department of the Interior, Bureau of Reclamation, Missouri Basin Region

2. Nature/Description of Action (FAR 6.303-2(b)(2)). The work required under this action must begin immediately. This is a situation where unusual and compelling urgency precludes full and open competition and delay in award of a contract would result in serious injury, financial or other, to the Government.

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

On December 13, 2023, a partial failure of Rattlesnake Conduit was discovered. Surveys, review of available data, and inspection by the Technical Service Center (TSC) on

December 19, 2023, determined that it was necessary to halt water deliveries until the structures were repaired. The TSC concluded that operating the facility could initiate failure of the Pole Hill Afterbay Dam (a low-hazard potential dam) and further structural damage to the Rattlesnake Siphon and Rattlesnake Tunnel. A Category 1 Operation and

Maintenance (O&M) recommendation was made due to the significant economic consequences associated with the inability to deliver water.

Water is diverted from the western slope of the Continental Divide to the eastern slope through tunnels, reservoirs, and siphons. The water diverted through the Rattlesnake

Conduit flows into the Pole Hill Afterbay and South Platte River Basin. The basin subsequently provides water to approximately 1,021,000 individuals and 615,000 acres of land supporting agricultural, municipal, domestic and industrial purposes in the area.

The current damage to the Afterbay outlet and siphon prevents the BOR from delivering water downstream to support the agricultural, municipal, domestic and industrial customers. Due to the damage, the Afterbay is unable to allow water to flow through the siphon, therefore preventing the delivery of water to downstream facilities.

The outlet structure (i.e. bathtub) rose due to buoyancy therefore causing a section of the siphon pipe to break. In order to return to delivering water to downstream customers, the outlet structure and siphon require extensive repairs to the siphon pipe and outlet structure. A more definitize Statement of Work will be developed by the contractor to detail corrective actions required to .

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4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)). (Check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using Simplified

Acquisition Procedures (above SAT but at or below $7.5M)

41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement 41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute 41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security 41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Unique Qualifications (FAR 6.303-2(b)(5)).

Barnard Construction is currently mobilized at BOR's Chimney Hollow Reservoir, four miles from the afterbay location. They are knowledgeable of the water system infrastructure to facilitate the repair requirements and have the ability to mobilize to the site immediately and start work.

There is no other contract suitable to support this requirement that will provide relief to the below urgent and compelling concerns:

structure) on the Rattlesnake Conduit floated upward, rotated, and then set back down. There are no anchors holding the structure to the underlying foundation. The intake structure has shifted to a higher elevation than originally constructed with visible voids under the slab indicating that the slab is resting on sharp rocks and boulders. Point loads from sharp rocks and boulders on the 73- year-old concrete slab presenting concerns of further damage.

Currently, the reinforced concrete intake structure appears to be wholly intact but hairline cracks have been observed on the intake structure. Freeze thaw conditions could exacerbate the issue, causing further cracking and potential failure of the structure. Given the bathtub intake structure is not resting on an even foundation as designed, safety concerns are present for engineers and inspectors tasked with repairing the siphon. Urgent repairs are needed to secure the bathtub intake structure to a solid foundation which will mitigate hazards that could cause serious injury.

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Power System Grid Stability: Pole Hill Power Plant feed into Estes Powerplant. Estes Powerplant has the unique ability to start its generator units from a completely unenergized state without the need for external power from the grid. The forced outage caused by the operational the Estes Plant is unable to act as a black start facility, degrading the nations ability to restart the power grid in an emergency.

Economic Impact: Delays in awarding of a contract will result in major financial and economic impacts. The Eastern Colorado Area Office estimates a lost water capture of approximately 7,000 acre-feet per month, resulting in a financial impact of over $2 million per month. The East Slope Conveyance System will incur shortages to the Municipal and Industrial (M&I) water supply, irrigation water production, hydro power production and recreation impacts.

6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)). The contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)). A schedule of the date for submission of the price proposal, required cost or pricing data, small business subcontracting plan, date for the start of negotiations, and target date for contract definitization will be included in clause 52.216-25, Contract Definitization, of the letter contract. The schedule provides for definitization of the contract within 180 days after the date of the letter contract or before completion of 40 percent of the work to be performed, whichever occurs first.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

A review of small businesses within the state of Colorado, within the NAICS of 237990, reflects only one contractor that publicizes a capabilities narrative supporting the requirements of this project. However, due to the urgency and compelling nature of the repair requirement, the timeframe necessary for contractor assessment, fulfillment of contract actions, and delayed mobilization by a contractor would significantly hamper the economics and the safety of the Governments facility and water delivery.

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Bureau Competition Advocate [WBR 1416.603-3(c)(iv) & WBR 1406.304] The Bureau Competition Advocate was consulted on January 4, 2024 about the urgency and letter contract. They concurred with our acquisition plan and sole source justification.

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(04/2021)

10. Listing of Interested Sources (FAR 6.303-2(b)(10)). Not applicable

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)). No action due to the urgent and compelling circumstance.

REQUESTING OFFICE REPRESENTATIVE CERTIFICATION

PREPARED BY:

Name: Monte Baird

Date:

CONTRACTING OFFICER (CO) (FAR 6.304(a)(1) or FAR 13.501(a)(2)(i)): (All Values)

Name: Jessica Busman

Date:

CHIEF of the CONTRACTING OFFICE (CCO) (DOI-AAAP-0024): (> $250K)

Name: James Durrant

Date:

BUREAU COMPETITION ADVOCATE (FAR 6.304(a)(2) or FAR 13.501(a)(2)(ii)):

(>$750K)

Name: Meagan Fyffe

Date:

X

X

X

MONTE Digitally signed by

MONTE BAIRD

Date: 2024.01.10