This contract action was accomplished using other than competitive procedures because there is only one responsible source and no other supplies or service will satisfy agency requirements (FAR 6.302-1). See posted J&A for further information. JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION 1. CONTRACTING AGENCY: U.S. Army Corps of Engineers Omaha District (USACE). 2. DESCRIPTION OF ACTION: The Omaha District proposes to procure a Firm Fixed Price Contract, not to exceed $30,000. The contract acquisition strategy is a Sole Source contract to MJ Harden Associates Inc. The contract will acquire geographic data sets for further technical refinement and use in a proposed digital computer simulation of nonstructural flood risk reduction techniques. 3. BACKGROUND: The National Nonstructural Flood Proofing Committee (NFPC), which is an extension of the Planning Directorate of HQUSACE and has member affiliation through the Omaha District, is pursuing the development of a digital computer model to visually illustrate the effectiveness of nonstructural flood proofing techniques for urban floodplain areas. The NFPC digital model, utilizing existing and available basin hydrology and hydraulics, would replace existing physical models which have become cost prohibitive for storage, transport, set-up, and maintenance. The digital computer model would utilize Light Detecting and Ranging (LiDAR) imagery and a bare earth digital terrain model (DTM) with three-dimensional building footprints and facades to illustrate the potential for flood risk reduction by implementing nonstructural techniques such as elevation, relocation, and barrier construction. The digital model would be used nationally in conjunction with the Corps National Flood Risk Management Program to illustrate comparisons of pre-project and post-project nonstructural techniques and promote the cost-effectiveness of implementing such techniques in an urban environment. 4. DESCRIPTION OF SUPPLIES/SERVICES: The services required under the proposed Firm Fixed Price Contract would be for acquisition of all unclassified LIDAR Return Data (Raw Data) in LAS, X, Y, Z ASCII, or ESRI Shape file format for a 2,400 foot corridor of Brush Creek, in Kansas City, Missouri. The Contractor would provide a bare earth DTM in ESRI grid 1-meter, ESRI file formats, generated from bare earth randomly spaced points. Approximately 95% of elevation points related with vegetation, buildings, and structures will be removed from the data set to produce the bare earth DTM. Breaklines will be incorporated into the surface of the DTM. Three-dimensional building footprints in ESRI shapefile format will be generated from the existing LiDAR and digital imagery. All buildings within 2,400 foot corridor of creek centerline will be collected and provided with true surface heights in ESRI shapefile format. Building faade templates will be placed on sides of buildings. Rooftops will be flat, monopoly shaped buildings. As part of the contract, initial three-dimensional buildings with true surface heights in ESRI shapefile format will be modified for nonstructural flood risk modeling. Foundations will be colored by type to represent elevation of structures, removal, or protection by barrier. Metadata will be provided once for the entire project and will include GPS base station survey point description and date and time of data acquisition. Data file format description and file naming convention along with map coordinate system, vertical and horizontal datum, and units of measurements used will be provided. 5. AUTHORITY CITED: 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302-1 (a) (iii) (A) Only One Responsible Source. 6. BACKGROUND AND JUSTIFICATION FOR AUTHORITY CITED: a. Background: The basis for this requirement is that the services being requested are unique and require specificity relative to LiDAR DTM development knowledge, skills and capabilities to provide bare earth terrain data with three-dimensional ESRI shapefile format for all commercial and residential buildings and the ability to retrofit the initial building shapefile with nonstructural measures. Through market analysis conducted over a two-year period by the NFPC committee, no contractor or entity was determined to be available, other than MJ Harden Associates Inc, that currently meets the unique qualifications of having existing data available, and the ability to perform the services identified in item 4, and who could immediately perform this work without causing significant delay or cost increases to the government. b. Justification: A contractor providing the services under the proposed contract must posses significant geographic computer capabilities, experience, expertise and knowledge and refined techniques to provide the computer DTM which will form the nucleus of the nonstructural digital computer model. MJ Harden Associates Inc currently possesses existing LiDAR data, they have staff experienced with the preparation of three-dimensional digital imagery and personnel are trained in the computer generated processes of retrofitting three-dimensional shapefiles to interact with floodplain engineering modeling. The Brush Creek Basin data set meets the needs of the NFPC by representing an urbanized digital terrain model, with three-dimensional commercial and residential building footprints, which may be enhanced by utilizing existing hydrology and hydraulic engineering data for this location made available through the Federal Emergency Management Agency. c. Impact: The nonstructural digital model is being developed by the NFPC through the Omaha District to be used as an educational tool for the implementation of nonstructural flood risk reduction measures. The final model will utilize digital terrain data for the Brush Creek Basin through Kansas City, Missouri along with existing hydrological information to illustrate the performance of nonstructural engineering techniques within an urbanized basin. Failure to procure the necessary data sets will prevent the development of this educational tool and result in noncompliance with Section 73 of the Water Resources Development Act of 1974, which requires consideration of nonstructural alternatives in all flood damage reduction studies. Lack of knowledge of nonstructural flood damage reduction techniques during the plan formation process could result in overall higher project costs and less effective results due to study emphasis and implementation of structural measures only. 7. MARKET RESEARCH: The NFPC has investigated the availability of interested and capable sources for providing the required computer data and services without success. Several companies had existing LiDAR data sets available, but either there was no three dimensional structure data available, no hydrologic information available, they did not have the capability to modify the three dimensional structure data set in accordance with NFPC committee needs, or a combination of all three. The NFPC has examined whether the required services can be structured in such a way as to provide opportunities for competition or Small Business concerns. This is not cost effective or technically feasible because of the integrated nature of the LiDAR data to the digital terrain model and the three-dimensional building inventory. Subdividing the data acquisition from the baseline three-dimensional building imagery and building shapefile modifications could result in invalidation of the data, preventing the successful development of a digital computer model for educational purposes. Currently, the Brush Creek Basin LiDAR data set, the digital terrain model, the three-dimensional building imagery, and the hydrologic elements are a matched set, which enables the NFPC to achieve their objective of developing a computer model illustrating nonstructural flood risk management techniques. 8. TIMELINE COMMITMENTS: The NFPC has been charged with the development of a digital computer model illustrating the effectiveness of nonstructural flood proofing techniques for urban floodplain areas. During the past two years the committee has investigated the availability of urban terrain data, three-dimensional building inventories, capabilities for modifying three-dimension building shapefiles, and the hydrologic data associated with the terrain. Funding was provided to the committee during fiscal year 2009 for the acquisition of data and development of a digital computer model. The timeline proposed for the completion of the digital model is May 2010, at which time the model would be presented at the Association of State Flood Plain Managers at their national conference in Oklahoma City, Oklahoma. This event would be followed with presentations during the National Association of Flood & Stormwater Managers conference and a presentation to members of USACEs Planners Associates class.