Intent to Sole Source

The U.S. Army Corps of Engineers Buffalo District awarded Contract W912P425CA026 to Morrish Wallace Construction, Inc. d/b/a Ryba Marine Construction Co. for maintenance dredging in Buffalo Harbor, with operations scheduled to begin on June 16, 2026. The original contract was for routine harbor maintenance, but an unplanned vessel grounding in fall 2025 necessitated additional dredging beyond the initial scope. Recognizing that the contractor is already mobilized on-site, the Government elected to modify the existing contract on a sole-source basis under FAR 6.302-1(c)(2)(i) and (ii), citing that a competitive process would cause unacceptable delays and result in substantial duplication of costs. The modification is estimated at $1.1 million and is intended to restore the federal navigation channel to its authorized depth to ensure safe commercial vessel transit before the end of the current construction season. This action is not a solicitation, but industry comments were accepted through February 22, 2026, through SAM.gov. The contract is designated as a Total Small Business Set-Aside under FAR 19.5, with the prime contractor self-certified as a small business, though no other socioeconomic certifications are specified. Performance will occur entirely at Buffalo Harbor, New York, with acceptance conducted on-site by the Government, specifically the USACE Buffalo District. There are no formal line-item pricing details, delivery schedules beyond the June 2026 start, or FOB terms, as this is a service contract under a firm-fixed-price structure. No additional contract clauses from FAR Part 52, packaging requirements, inspection criteria beyond channel depth compliance, or special conditions are documented. The Contracting Officer, Jeffrey G. Ernest, and other agency personnel including Nathaniel Dent and Lex Barker oversee administration, with no Contracting Officer’s Technical Representative formally named. The modification lacks a distinct modification number and does not reference specific technical standards, though performance is measured by achieving the designated channel depth. The procurement is not competitive, and no evaluation factors or source selection criteria apply, as award was justified solely under the unique circumstances of urgency and cost avoidance. The Government retains full responsibility for inspection, verification, and formal acceptance of the dredging work.