Description
Contract Number - R13PX60203 Project Number - Not Applicable Treasury Account Symbol - 14 0680 Limited Availability of the Justification - As stipulated in FAR 6.001, contracts awarded using the simplified acquisition procedures of Part 13 are exempt from the policies and procedures to promote full and open competition in the acquisition process. As such the Contracting Office is only making the J&A publically available at the Government Point of Entry for 30 days. JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Solicitation No.: R13PS60203 Project Name: Operation and Maintenance Services; Dickinson Dam and Reservoir In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority of 41 U.S.C. 253(c)( 1). 1. Agency and Contracting Activity - Requiring Agency: Bureau of Reclamation, Dakotas Area Office, 304 East Broadway, Bismarck, ND 58501 Contracting Activity: Bureau of Reclamation, Dakotas Area Office, 304 East Broadway, Bismarck, ND 58501 2. Nature/Description of Action - The proposed sole source action is for a one-year firm-fixed price (FFP) effort for operation and maintenance services using FY 2013 funds at Dickinson Dam and for certain land management activities along Dickinson Reservoir with Dickinson Water Utilities Department, Dickinson, ND. 3. Description of Supplies/Services - Reclamation is responsible for the operation and maintenance of Dickinson Dam and for certain land management activities along Dickinson Reservoir. Dickinson Dam and Reservoir is located in western North Dakota immediately west of the city of Dickinson in Stark County. The dam and reservoir were constructed in 1949-1950 as a multi-purpose project for irrigation, municipal and industrial water supply, fish and wildlife, and recreation. Recreation management along the reservoir is administered by the City of Dickinson Parks and Recreation District under a management agreement with Reclamation. Fish & wildlife management along the reservoir is administered by the North Dakota Game & Fish Department. Currently, Reclamation has neither the personnel nor the equipment to successfully conduct all required operation and maintenance projects at the dam and along the reservoir. The required operation and maintenance services to be completed on an as needed basis at Dickinson Dam and Reservoir include: (1) Conduct General Dam Site Surveillance Inspections of Dickinson Dam to check for unusual conditions and site security; (2) Make Gate Changes for adjusting water releases from Dickinson Reservoir; (3) Conduct vegetation control activities on the Dickinson Dam embankment and downstream area by mowing vegetation within specified areas for aesthetics, seepage monitoring, weed control, etc.; and (4) Assist Reclamation with miscellaneous maintenance activities such as maintaining existing fences and gates for site security and public safety, removing debris from the dam, outlet works and spillway areas and performing other miscellaneous maintenance activities. The work shall be performed on an as-needed basis as requested by the Bureau of Reclamation. Payment will be made for quantities actually conducted by the contractor and accepted by Reclamation. Without the timely performance of these services, Reclamation cannot adequately maintain a high-head dam or control vegetation on the Dickinson Dam embankment and downstream area. Although many agencies and contractors can provide operation and maintenance services, a contractor that has firsthand knowledge of the area, that has attended Reclamation's "Damtender Training" would be ideal. 4. Statutory Authority Permitting Other than Full and Open Competition - 41 U.S.C. 251(c)(l) - FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements 5. Demonstration of Contractor's Unique Qualifications - The proposed source for this action is the city of Dickinson Water Utilities Department, Dickinson, ND. The city of Dickinson Water Utilities Depat1ment is currently the only entity in the geographic area with Reclamation trained dam tenders on staff. Under the proposed requirement, general site surveillance inspections of the dam are required to check the status of the dam and associated facilities for items such as the temperature inside the control vault, status of downstream access gate closures, activation of the control vault alarm system and reservoir water levels. The contractor is also required to make gate changes to adjust water releases from the dam. Using a contractor without the required dam tender training could compromise dam integrity and increase the possibility of a dam failure and potentially endanger lives. The city of Dickinson Water Utilities Department, North Dakota has conducted similar services as requested by Reclamation in past years under Cooperative Agreement 1-FC-60-02080. They have continually demonstrated their ability to conduct the activities in a timely and cost effective manner. 6. Description of efforts made to maximize competition - Market research was conducted, details of which are in the market research section of this document. None of these efforts yielded additional sources capable of completing the Government's requirements. There is no competition anticipated for the proposed action. Additionally, the estimated cost of the proposed action is more than the $15,000 threshold for disseminating information. Therefore, Reclamation will post a "Notice of Intent" to FedBizOpps allowing other sources the opportunity to notify Reclamation of their ability to fully perform the required services. 7. Determination of Fair and Reasonable Cost - Pursuant to FAR 12.209 and 13.106-3(a)(2) and assuming one response is received, price reasonableness will be based on market research, historic pricing, current published price lists (such as the "Book Rental Values" for equipment use rates and wage determination rates for personnel rates) and/or comparison to the Government's Independent Cost Estimate. 8. Description of Market Research Conducted - Market research was conducted on January 24, 2013 and February 19, 2013. The required services are not available through UNICOR or AbilityOne. GSA schedule 03FAC (Facilities Maintenance and Management Consulting), Category 81 l 006 (Facilities Maintenance and Management Consulting) was consulted. No contractors have the required specialized dam tender training and experience to successfully complete this project. An internet search was conducted for the geographic area of North Dakota and South Dakota. No contractors providing dam tending services were identified. Reclamation engineers with knowledge of the market were consulted and no additional dam tender providers were identified. 9. Any Other Supporting Facts - As previously stated, without the timely performance of these services, Reclamation cannot adequately maintain a high-head dam on reservoir lands. The City of Dickinson Water Utilities Department, North Dakota is a governmental nonprofit entity that has conducted similar services as requested by Reclamation in past years under Cooperative Agreement No. 1-FC-60-02080. They have continually demonstrated their ability to conduct the activities in a timely and cost effective manner (when compared to equipment use rates, personnel rates and material costs). 10. Actions Taken to Remove Barriers to Competition - The city of Dickinson Water Utilities Department, North Dakota has unique qualifications, experience, and resources for assisting with O&M activities at Dickinson Dam and on Dickinson Reservoir lands that are not available competitively from private contractors. No future competition for the above-specified types of work is anticipated as long as the city of Dickinson Water Utilities Department, North Dakota is Reclamation's cooperating entity in the O&M of Dickinson Dam. Activities beyond the scope of the city of Dickinson Water Utilities Department, North Dakota operations as a cooperating entity will be open for competition REQUESTING OFFICE REPRESENTATIVE CERTIFICATION: All supporting data provided and the contents of this justification are complete and accurate to the best of my knowledge and belief. SIGNED ON 02/26/2013 CONTRACTING OFFICER (CO) CERTIFICATION SIGNED ON 02/26/2013 CHIEF OF THE CONTRACTING OFFICER CERTIFICATION (CCO) SIGNED ON 02/27/2013