RECOVERY--M--Modification Notice for Inspection of all Drainage Structures in the Divide Cut Area of the Tennessee-Tombigbee Waterway

This Notice is provided for Information Purposes Only. Using Recovery Act funding, the Mobile District Corps of Engineers intends to issue a modification to contract number W91278-09-C-0020, a competitively awarded Cost-Reimbursable Plus Award-Fee contract for the Operation and Maintenance of Government-Owned Facilities and Equipment, Tennessee Tombigbee Waterway, Columbus, Mississippi, awarded to R&D Maintenance Services, Inc., P.O. Box 815, Hennessey, Oklahoma. The contractor will assist in the inspection of all drainage structures in the Divide Cut Area of the Tennessee-Tombigbee Waterway. This work is within the scope of the original contract technical provisions. Contract clauses required for projects involving Recovery Act funds have been incorporated into the contract. This existing contract must be used because: 1) A detailed scope of work can not be prepared. The extent of the work and the resources needed cannot be fully determined and will require differing types of equipment and personnel with the changing site conditions. 2) This contract enables repairs to begin immediately after and even during the inspections without a detailed scope of work so as to minimize adverse affects to the rest of the project. The American Recovery and Reinvestment Act (ARRA) contains specific acquisition requirements that must be met when using Recovery Act funds, including compliance with the Federal Acquisition Regulation and to the maximum extent practicable making fixed-price (FP) contract awards using competitive procedures. However, the Office of Management and Budget's guidance allows for the use of other than FP contracts. Although Mobile District's contract was not awarded as a FP contract, it was awarded competitively as a small business set aside, and the contract type was selected to provide the contractor with the greatest incentive for efficient and economical performance, given the types of services to be performed. The existing Operation and Maintenance contract has experienced personnel and documented performance to mitigate the Government's risk. In order to meet the requirements of the Act in the most prudent business manner within the time constraints imposed, existing Operation and Maintenance contracts are the most appropriate contractual vehicles for the work anticipated under this modification.