Yellowstone Flooding NE Entrance_Exception to fair opportunity_Revised.pdf

Memorandum

Western Federal Lands Highway Division 610 E. Fifth Street

Vancouver, WA 98661-3801

Date: July 8, 2022

From: Dean Umathum Contracting Officer

Thru: Stephanie D. Curtis Chief of the Contracting Office

To: Brian Bezio Head of the Contracting Activity

Subject: Justification for Exception to Fair Opportunity Project name: WY ERFO NP YELL 2022-1(212) Yellowstone NP Northeast Entrance Road Repairs, Phase 1

Justification for other than full and open competition – This justification is for the exception of fair opportunity in accordance with FAR 16.505(b)(2)(i)(A). The agency’s needs for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Agency - Federal Highway Administration (FHWA), Western Federal Lands Highway Division (WFLHD), Vancouver, WA

Nature and/or Description of Action – FHWA-WFLHD will be soliciting for construction of emergency repairs to the Northeast Entrance Road. Repairing/reconstructing the washout areas along the Northeast Entrance Road between Tower Junction and the Northeast Entrance boundary.

Establishing the corridor to a 2-lane functional facility would provide a reliable and safe road for the Cooke City residents, visitors, and park staff. Due to the emergency nature of this action, WFLHD must issue a letter contract to a contractor, Oftedal Construction, Inc (Oftedal), who is already mobilized in Grand Teton National Park, which is adjacent to Yellowstone National Park.

Description of supplies or services required to meet agency needs – Repairing/reconstructing the Northeast Entrance Road to a 2-lane functional facility. Work includes installation of temporary steel bridges, grading, drainage, placement of riprap, retaining walls, aggregate, guardrail, and asphalt. The estimated value of the definitized contract is between $35M and $45M.

Identification of the exception to fair opportunity – FAR 16.505(b)(2)(i)(A). The agency’s need for the supplies or services is so urgent that providing for fair opportunity and competition of the task order would result in unacceptable delays. Because of the unusual and compelling urgency of the flood repairs, and as per FAR 16.603-2, a letter contract is necessary because the Government’s interests demand that the contractor be given a binding commitment so that work can start immediately. In addition, as stated in FAR 16.603-2, negotiation of a definitive contract is not possible in sufficient time to meet the requirement.

Yellowstone National Park has received historic flooding and urgent repairs are needed for the safety of residents, the general public and park staff. In order to meet the construction fixed completion date, Justification for Exception to Fair Opportunity Yellowstone NP Northeast Entrance Road Repairs, Phase 1 which is just prior to arrival of heavy winter rain/snow, WFLHD must issue a letter contract to a contractor already mobilized near Yellowstone National Park.

A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable – WFLHD and Oftedal have a long-standing contractual relationship. WFLHD has extensive experience and knowledge of historic Oftedal pricing. WFLHD will also utilize their Independent Government Estimate (IGE) to ensure pricing received is fair and reasonable. In addition, requirements for certified cost and price data will be followed. These combined factors will ensure fair and reasonable pricing for the Government.

Any other facts supporting the justification – WFLHD staff have visited Yellowstone National Park to identify damage that resulted from a 1-in-500-year flood event. Staff have prepared Detailed Damage Inspection Reports (DDIR) to establish ERFO needs and estimated repair costs. While damage occurred in various locations around the park, the most serious occurred in the northern portion of the Park, specifically the Northeast Entrance Road where two sites have complete washouts of the roadway. The Northeast Entrance Road provides the only winter access to Cooke City, Montana and must be available for emergency response, school busses, and winter recreation visitors.

Oftedal is currently on WFLHD Yellowstone/Grand Teton and surrounding area Multiple Award Task Order Contract (MATOC). Three MATOC contractors indicated that they have availability and capacity to assist with Yellowstone’s Emergency Repairs; HK Contractors (HK), Hat Creek Construction & Materials, Inc. (Hat Creek) and Oftedal. HK has been awarded an emergency repair project at the Entrance, between Gardiner and Mammoth. Hat Creek, although a MATOC contractor, has no experience in Yellowstone and is not mobilized in the area. Oftedal has successfully delivered earthwork and bridge construction projects within the park, knows the importance of its natural resources, and has a deep breath of labor and equipment necessary to open the Northeast Entrance corridor prior to the winter season.

A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required – WFLHD will provide for fair opportunity for future repair work in Yellowstone National Park not needed on an emergency basis.

YELLOWSTONE NP NORTHEAST ENTRANCE ROAD REPAIRS, PHASE 1

Signatures/Approvals

Technical/Requirements Personnel Certification - I certify that the above information and the attached evidence supporting this justification are complete and accurate.

Connie Kratovil, Project Manager Date

Contracting Officer Certification - I certify that this justification for an exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

Dean Umathum, Contracting Officer Date

Stephanie D. Curtis, Chief of the Contracting Office Date

Brian R. Bezio, Date

STEPHANIE CURTIS Digitally signed by STEPHANIE CURTIS Date: 2022.07.12 16:30:15 -04'00'

BRIAN ROBERT BEZIO Digitally signed by BRIAN ROBERT BEZIO Date: 2022.07.13 09:53:58 -04'00'