Description
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION 1. Identification of the Agency and the Contracting Activity: USDI-NPS-Olympic National Park 2. Nature and/or Description of the Action Being Approved: Work is to reconstruct a section of failed roadway at Mile Post 4.7 of the Hurricane Ridge Road in Olympic National Park, Washington State. The road failed on January 18, 2010, and has thought to have occurred due to soil liquefaction as a result of seasonal heavy rains and site drainage conditions. The roadway, built approximately 55 years ago, is constructed on top of a cut-and-fill roadbed. The fill consists of native, fine grained material. A 150 foot section of fill initially slumped and then slid into the drainage below, taking with it most of the roadway. The remaining, narrow strip of roadway along the narrow top of the fill was compromised due to subsidence and the slide area continues to widen. Vehicular travel, even for administrative purposes, is no longer possible. The road provides the only access to the Hurricane Ridge Visitor Center, located 12 miles away from the slide area. The anticipated contract will provide for immediate stabilization of the slide, containment of sedimentation that is infiltrating a stream that passes through the fill through a thirty-six inch culvert, excavation and removal or stockpiling of the remaining fill, and emplacement of an additional culvert to supplement, or possibly replace, the existing one. The site, which due to its location and prevailing conditions cannot be adequately secured except by Ranger-provided security, will be immediately stabilized and fenced. The definitized contract will include properly engineered backfill, and a new asphalt surface. 3. A Description of the Supplies or Services Required to Meet the Agency's Needs, Including the Estimated Value: Work required will be to mobilize equipment and materials to the site, provide site security, complete site preparation, including removal of excess asphalt and necessary tree removal, excavate and remove up to 20,000 cubic yards of material from the site, begin preparing, delivery and stockpiling of structural backfill material, stream diversion, placement of structural backfill, placement of slope drainage facilities, place a culvert, repaving the roadway and other associated work Work is estimated at $2.8 million. 4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition: 41 U.S.C. 253(c)(2)-Unusual and compelling urgency. 5. A Demonstration That the Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited: Public Health and Safety-The slide area is located at Mile Post 4.7 on Hurricane Ridge Road, Olympic National Park. While the road has been closed within 200 feet of the slide area with a temporary gate, signage, by positioning pieces of heavy equipment on the road, and other flagging and barricades, it is impossible to keep the public out of the area except through posting a 24 hour Ranger guard at the site. Construction fencing would be difficult to place and ineffective. The slide is currently 150 feet along the roadway and 65 feet deep. The crumbling, undercut pavement is in a continual state of movement. It will remain in a state of movement and require a continual law enforcement presence until stabilization takes place. The undercut edge of pavement presents a hazard to the public who have come to visit the site due to local and regional publicity. Since the area cannot be adequately fenced and the park does not have the resources to staff a 24-hour guard at the site, the remaining choice is stabilization of the area which should occur immediately. The alternative is significant liability exposure and adverse publicity. Resource Damage-The failed slope has released 15,000 cubic yards of fill and sediment, including asphalt debris, into the Lake Dawn outfall, which feeds local stream channels. The slope continues to release sediment in significant quantities and will continue to do so until stabilized by a contractor. The NPS does not have the manpower, equipment, or skill to safely mitigate sediment release through stabilization of the slope. Sediment releases have resulted in the degradation of downstream water quality. Remediation must commence immediately. There is significant pressure from the local community, Congressman Norm Dix's office, Clallam County and the Port Angeles City Government to repair the roadway. The slide has appeared in news stories as far as Seattle, has been reported by National Public Radio, and it is likely that public pressure to reopen the road will increase. This road provides access to the most visited winter site at Olympic National Park and is considered a significant local resource. Local governments feel that significant tourism dollars will be lost if the road is not reopened as soon as possible. If the National Park Service fails to act promptly, public pressure and adverse publicity is anticipated to increase. The Federal Highway Administration has been consulted concerning mitigation and repair, and has advised the Olympic National Park Management Team that the situation represents an emergency. They advised in a meeting with Park Management on January 20 that a letter contract be utilized to secure a contractor in the shortest time possible. The Hurricane Ridge area is utilized by the park Natural Resource Management program for a number of scientific studies. Various monitoring equipment is installed in the areas accessed by the failed roadway. These studies cannot continue due to administrative access restrictions. Monitoring equipment cannot be accessed. There is potential for significant loss of research data. Facilities at the top of Hurricane Ridge include a Visitor Center/lodge, bathrooms, concessions facilities with restaurant, ski lift operation, and support structures. The snowload is currently in excess of 18 feet in some areas. The primary electrical service to the various facilities is through a lengthy direct bury wire extended through the wilderness with a history of outages. The heating system is an aging, oil-fired system. The backup generator is a refurbished, temporary unit placed due to the recent failure of the primary generator. The water system depends upon the availability of electrical power. The level of risk exposure to structures and facilities is significant due to unmaintained snow load, potential for failure of the sprinkler system to function in the event of a fire, and potential for damage to the building due to failure of the heating system while unattended and inaccessible. The Park will be unable to maintain plowing operations until the access road is reopened due to the inability to fuel and maintain snow plow equipment located beyond the site of the road failure. This means, immediately, that NPS personnel will not be able to reach the facilities for maintenance or emergency purposes. Without continual maintenance, reestablishing access after a long period without snow removal will require a significant effort. The concessions facilities are currently being transferred to another concessions contractor. Lack of access prevents the new concessionaire from assessing the condition of their assets and beginning management of their concession operation. 6. A Description of Efforts Made to Ensure That Offers Are Solicited From as Many Potential Sources as is Practicable, Including Whether a Notice Was or Will Be Publicized as Required by FAR Subpart 5.2 and, If Not, Which Exception Under FAR 5.202 Applies: After considering the options proposed by the park contracting office, including limiting competition under FAR 6.302-2 or use of a sole source 8(a) contractor, the program office feels that the most appropriate approach to ensure public safety, prevent further resource damage, and protect unattended structures and facilities is the a noncompetitive letter contract that will result in contractor mobilization in the shortest possible time. 7. A Determination By the Contracting Officer That the Anticipated Cost to the Government Will Be Fair and Reasonable: The Contracting Officer will follow the procedures set forth in FAR 16.603 to definitize the contract and establish a fair and reasonable price. 8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a Statement of the Reason Market Research Was Not Conducted: While the work site, located near Port Angeles, Washington, is only three hours away from Seattle, the NPS has historically found that the "pool" of contractors willing to provide construction services is somewhat small. The Project Manager considered vendors who had provided satisfactory construction services to the park in the past and informally determined availability, knowledge and expertise, and interest in the job. Of the two vendors actually contacted, it was determined that the selected contractor provided the best service for the completion of this work. The selected contractor is local, with their construction office and yard located only 15 miles from the work site. This will result in reduced mobilization costs as well as the opportunity to complete timely site visits to establish the limits of the work. The selected contractor owns their own quarry, also located locally, which allows an immediate mobilization to crush and supply structural backfill. The selected contractor also has an immediate location for the legal and environmentally responsible disposal of the unsuitable fill material to be removed from the site. Further, the selected contractor has successfully completed work both for the NPS , Federal Highways and other governmental agencies. The remote location of the work site and the lack of qualified and experienced contractors within the immediate area of the work site led to the selection of this contractor. 9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.302-2 (9) (i) - (iii): 10. A Listing of the Sources, If Any, That Expressed in Writing, an Interest in the Acquisition: none 11. 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: Approval for this non-competitive contract action has been requested only after consideration of the unique circumstances involved in quick re-establishment of access to the Hurricane Ridge facilities. This office will support competition of future contract activities to the greatest extent possible under prevailing circumstances. 12. Certification: I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:/s/ Carl Elleard, Civil Engineer Date: 1/21/2010 I certify that the justification is accurate and complete to the best of my knowledge and belief:/s/ Rodney J. Roberson, Contracting Officer Date: 1/21/2010 Reviewed for Legal Sufficiency by Solicitor's Office (over $500,000 or as requested):/s/ Richard De Clerk, Attorney Date: 1/21/2010 Reviewed/Concur/Approved by: (if applicable)/s/ Leo R. Guillory, Assistant Bureau Competition Advocate Date: 1/21/2010 Reviewed/Concur/Approved by:/s/ Heidi M. Ernst, Chief of Contracting, National Park Service Date: 1/22/2010