Description
Contract Number - R13PX60223 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.: R13PS60223 Project Name: Operation and Maintenance Services; Jamestown 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, Great Plains Regional Office, 316 North 26th, Billings, Montana 59101 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 FY2013 funds at Jamestown Dam and for certain land management activities along Jamestown Reservoir with Stutsman County, North Dakota. 3. Description of Supplies/Services - Reclamation is responsible for the operation and maintenance of Jamestown Dam and for certain land management activities along Jamestown Reservoir. Jamestown Dam and Reservoir is located in central North Dakota immediately north of the city of Jamestown in Stutsman County. Reclamation constructed the dam and reservoir in 1952-1953 as a multi-purpose project for flood control, irrigation, municipal water, recreation, and fish and wildlife benefits. While Reclamation maintains the ultimate responsibility for the operation and maintenance of Jamestown Dam and Reservoir, the Government has delegated some aspects of administration to other Governmental entities. Stutsman County administers recreation management along the reservoir under a management agreement with Reclamation. The North Dakota Game & Fish Department administers fish & wildlife management along the reservoir. 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 that the contractor shall complete on as as-needed basis at Jamestown Dam and Reservoir include: (1) Conduct General Dam Site Surveillance Inspections of Jamestown Dam to check for unusual conditions and site security; (2) Make Gate Changes for adjusting water releases from Jamestown Reservoir; (3) Conduct vegetation control activities on the Jamestown Dam embankment and downstream area by mowing vegetation within specified areas for aesthetics, seepage monitoring, weed control, etc.; (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; and (5) Conduct an existing and ongoing noxious weed control program on the Jamestown Dam embankment, Jamestown Dam downstream area, and on the Jamestown Reservoir lands. Reclamation will request the contractor to perform the work on an as-needed basis. The Government will make payment 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 noxious weeds on reservoir lands. 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," and that has North Dakota State commercial right-of-way applicator certification 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 - Although many agencies and contractors can provide operation and maintenance services, the unique nature of the services require a contractor to attend Reclamation's "Damtender Training," and have North Dakota State commercial right-of-way applicator certification. As such, the proposed source for this action is Stutsman County, North Dakota. Stutsman County has conducted similar services as requested in past years under Cooperative Agreement No. 9-07-60-06140, under Purchase Order R11PX60304 in 2011, and under Purchase Order R12PX60139 in 2012. They have continually demonstrated their ability to conduct the activities in a timely and cost effective manner. Stutsman County is currently the only entity in the geographic area with Reclamation-trained damtenders on staff. The proposed requirement requires the contractor to conduct general site surveillance inspections of the dam, which 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 damtender training could compromise dam integrity, increase the possibility of a dam failure, and potentially endanger lives. Additionally, noxious weed control on reservation lands has been and will likely continue to be a significant land management issue and concern. Stutsman County has the required equipment and experience to mow, spray, and use biological means to control noxious weeds. Stutsman County personnel are trained in the application of noxious weed control chemicals, have historical knowledge of the location of noxious weeds, and are familiar with access routes over both public and private lands to noxious weed infestations. Reclamation does not have the personnel, equipment, or other resources to effectively and efficiently conduct noxious weed control monitoring, mapping, and treatment activities on reservoir lands. 6. Description of efforts made to maximize competition - Reclamation conducted market research to identify available sources. None of these efforts yielded additional sources capable of completing the Government's requirements. As such, 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 comparison to the Government's Independent Cost Estimate. 8. Description of Market Research Conducted - The Dakotas Area Office (DKAO) conducted market research on January 24, 2013 and February 19, 2013. The required services are not available through UNICOR or AbilityOne. DKAO's Contracting Office consulted GSA schedule 03FAC (Facilities Maintenance and Management Consulting), Category 811 006 (Facilities Maintenance and Management Consulting). No contractors have the required specialized damtender training and experience to successfully complete this project. Additionally, he conducted an internet search for the geographic areas of North Dakota and South Dakota. This search did not identify any contractors providing dam tending services. Finally, the Contacting Officer consulted Reclamation engineers with knowledge of the market. The engineers did not identify any additional damtender providers. 9. Any Other Supporting Facts - As previously stated, without the timely performance of these services, Reclamation cannot adequately maintain a high-head dam or control noxious weeds on reservoir lands. Stutsman County, North Dakota is a governmental non-profit entity that has conducted similar services as requested by Reclamation in past years under Cooperative Agreement No. 9-07-60-06140, under Purchase Order R11PX60304 in 2011, and under Purchase Order R12PX60139 in 2012. 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 - Stutsman County, North Dakota has unique qualifications, experience, and resources for assisting with O&M activities at Jamestown Dam and on Jamestown Reservoir lands that are not available competitively from private contractors. As such, Reclamation does not anticipate having a competitive requirement for the above-specified types of work as long as Stutsman County, North Dakota is Reclamation's cooperating entity in the O&M of Jamestown Dam. Activities beyond the scope of Stutsman County's operations as a managing partner 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 03/18/2013 CHIEF OF THE CONTRACTING OFFICER CERTIFICATION (CCO) SIGNED ON 03/18/2013