Deep Creek Bridge Maintenance Notice of Intent - Sole Source

THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY. 

Under the authority of FAR 6.302-1, the U.S. Army Corps of Engineers (USACE)–Norfolk District intends to issue a contract action on a sole source basis to Archer Western Construction. (“AWC”) (CAGE 6Q061). AWC is currently constructing the five lane, two leaf bascule moveable bridge.  The first leaf, a two-lane span of the bridge, is near completion and will take on vehicle traffic. The first leaf will be operated by the construction contractor, AWC, while the second leaf is under construction.  Once the entirety of the bridge is constructed, the ownership of the bridge will be transferred to the City of Chesapeake (City). The DCB construction contract erroneously omitted the maintenance of the open portion of the bridge in the awarded specifications. The intention was the construction contractor would construct, operate, and maintain the bridge until which time the bridge ownership would be transferred to the city. The city will assume all operations and maintenance of the bridge once the NAO District Engineer certifies project completion. This action is solely for the preventative, corrective maintenance of the DCB prior to official acceptance of the bridge construction by the Commanding Officer and subsequent turn over to the City. Maintenance functions prior to turn-over must be performed to ensure that the open portions remain in good condition, and to mitigate future warranty issues should preventative maintenance not be performed. AWC will not perform work under this contract action for any project or program beyond this defined scope.

Contract W9123623C2001 was awarded via an Unrestricted Invitation for Bid on April 17, 2023, to AWC (CAGE 6Q061) by the USACE-NAO District for the construction of a two-leaf, five-lane bascule bridge over the Atlantic Intracoastal Waterway at Deep Creek in Chesapeake, VA. The project included bridge construction, utility relocation, roadwork, and initial bridge operation. Importantly, the original contract excluded long-term bridge maintenance. AWC, however, procured and installed the bridge's operational equipment and possesses in-depth knowledge of all bridge systems. The work to be performed under this follow-on project, i.e., long term bridge maintenance prior to turn over, is a subset of and follow-on to the prior project.  The estimated ultimate completion date for contract W9123623C2001 is currently January 2028.

As the Designer of Record, and the construction prime, AWC is best suited to maintain the project during the remaining construction. AWC maintains unique knowledge and expertise on the mechanical, electrical, and hydraulic systems that operate the bridge. Having one contractor responsible for operations and maintenance, during construction, will reduce disruption and downtime. Additionally, it would further mitigate any liability and or warranty issues that may arise. Maintenance and operations of a bridge must be coordinated effectively to reduce conflicts and impacts to the public; therefore, the addition of another contractor would add risk to efficient maintenance. The current contractor would be best able to mitigate scheduling conflicts between operations and maintenance requirements.

This Notice of Intent is published in accordance with FAR 5.201. All responses received within 15 calendar days of posting this notice will be considered by the Government. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement.

Responses may be submitted via email to Tiffany.N.Kirtsey@usace.army.mil and Luke.D.Hedlund@usace.army.mil. Please include "W9123626R1B2C - Response to NOI for Deep Creek Bridge Maintenance" in the subject line of the email.