122_Duluth_Merc_LSJ_1.pdf

LIMITED-SOURCES JUSTIFICATION FOR FEDERAL SUPPLY SCHEDULE PROGRAM

Upon the basis of the following justification, prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c), I, as Contracting Officer, hereby approve the use of sources limited to fewer than those required in FAR 8.405-1, FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 as implemented by FAR 8.405-6(a)(1)(i)(C). “In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.” This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251, et seq. and 40 U.S.C. 501).

1. Identification of the agency and the contracting activity.

U.S. Environmental Protection Agency Office of Mission Support Office of Acquisition Solutions Cincinnati Acquisition Division, Cincinnati, OH

2. Nature and/or description of the action being approved.

The required action is a change order modification to existing call order 68HERC23F0288 (BPA 68HERC19A0003). The additional work falls within the broad, contemplated scope of the call order (Environmental Due Diligence Process, Mercury Remediation, Effluent Tank Clearance). The call order was previously competed between multiple award BPA holders, which is a requirement of the exception at FAR 8.405-6(a)(1)(i)(C). The estimated value of the additional work is $385,867.64.

The existing call order is established on a Time-and-Materials (T&M) basis and the T&M ceiling will be raised by approximately this amount to accommodate the new work. The final increase amount will be determined following negotiations with the contractor.

3. A complete description of the supplies and/or services required to meet the agency’s needs.

More extensive contamination has been found than was originally anticipated.

Therefore, additional, and more aggressive remediation is required to mitigate mercury contamination in the laboratory (CT#1, CT#2, Lab 106, Lab 108, Lab 115, and Lab 119) and facility downstream waste drain system. In additon, remediation is required in some of the Effluent Tanks based on sampling. Originally no contamination was anticipated in the Effluent Tanks.

Remediation includes:

• Non-destructive mechanical cleaning of the drain lines in preparation for brush coating and lining;

• Removal of and replacement of PVC Lab Floor Drain Traps (106 FW, 106 W, 106 E, 108 W, 108 E, 115 W, 115 E, 119 W, and 119 E) with Schedule 80 PVC Floor Drain Traps;

• Brush coating of the floor drain lines in CT#1, CT#2, Lab 106, Lab 108, Lab 115, and Lab 119;

• Removal and replacement of existing first floor cast iron and PVC horizontal drain lines with Schedule 80 PVC as denoted in the quantity take offs; and,

• Removal and replacement of an existing 8-foot, 5-inch diameter, vertical section of cast iron piping between the first and second floor with Schedule 80 PVC including needed supports.

4. An identification of the LSJ rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a(1)(i)(C) – The new work is a logical follow on to an original FSS order or BPA, and the order or BPA was placed in accordance with FSS procedures and must not have been issued under sole source or limited sources procedures.

The contractor executing this work was selected through a competitive process and had the most documented experience addressing mercury remediation. Going through the competitive process again to select another contractor would result in time delays and significant cost.

The Western Lake Superior Sanitary District (WLSSD) has issued a notice of violation for mercury discharge exceedance to the EPA Duluth facility. EPA is required to remediate and comply with WLSSD standards by December 31, 2024. Meeting the WLSSD timeline would be impossible if we were required to initiate another solicitation process to engage a different contractor for contamination remediation.

Furthermore, a new contractor would insist on redoing prior sampling since they would be required to own the process. They would also need to create new documents based on their company policies and procedures, as well as subcontractor utilization. These documents would encompass a new Project Management Plan (PMP), Sampling and Analysis Plan (SAP), Quality Assurance Project Plan (QAPP), and Project Health and Safety Plan (HASP). This process would entail significant time and additional expenses.

Additionally, the new contractor would be obligated to document the sampling and remediation efforts performed to date by the previous contractor.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d) and FAR 8.405-2(d).

The additional work will be performed at labor rates established under FSS BPAs. Those rates were previously found to be fair and reasonable at the time the BPAs were established. Further, specific call order rates were also found to be fair and reasonable.

Finally, the market has been heavily impacted by inflation in recent years—any new order placed would likely result in higher labor rates.

Modifying the existing order at established rates is the best value to the Government.

6. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted. A statement must be made that the supplies and services are available from the FSS.

Not applicable. This exception is applicable to a modification on an existing order.

Further, even if a new order were being placed, it would be issued between two multiple-award BPA holders.

7. Any other facts supporting the limited source justification.

Switching contractors for this remediation phase would incur approximately $300,000 additional costs. The new contractor would need to familiarize themselves with the remediation requirements, collaborate on a plan of action, conduct additional sampling, and create essential documents such as a Project Management Plan (PMP), Sampling and Analysis Plan (SAP), Quality Assurance Project Plan (QAPP), and Project Health and Safety Plan (HASP). Additionally, they’d be responsible for documenting prior remediation efforts and outcomes.

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

No competitive barriers exist for future work. The present order was competed, and additional remediation efforts are required. Future orders off the Nationwide Infrastructure BPAs will continue to be competed.

9. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

Certification

Contracting Officer Representative:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Beverly McKim Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief. Because this effort exceeds the simplified acquisition threshold but does not exceed $750K, this certification serves as approval.

<Signature> ________________________________ ___________________ Greg Forrest Date