20220628 Justification Redacted.pdf

CUI

Control Number: 22-007

Justification Review Document for an Exception to Fair Opportunity

Under FAR 16.505(b)(2)

Program/Equipment: Time Critical Removal Action (TCRA) at Montgomery Air National Guard Base (ANGB)

Authority: 10 U.S.C. 2304c(b)(1) as implemented by Federal Acquisition Regulation (FAR) Part 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Amount: $

Prepared by:

Typed Name: Wendy Fields Phone:

Title: Contract Specialist Date: April 18, 2022 E-mail:

Contracting Officer:

Typed Name: Michael Dixon Phone:

Date: April 18, 2022 E-mail:

Technical Representative:

Typed Name: Mark Dickerson Phone:

Title: Environmental Restoration Program Manager Date: April 11, 2022 E-mail:

Requirements Representative:

Typed Name: Mark Dickerson Phone:

Title: Environmental Restoration Program Manager Date: April 11, 2022 E-mail:

Controlled by: National Guard Bureau Controlled by: NGB-AQ-R CUI Category: General Procurement and Acquisition Limited Dissemination Control: FED ONLY POC: Wendy Fie

Program: TCRA at Montgomery ANGB

Legal Counsel:

I have reviewed this justification and find it adequate to support the justification for an exception to fair opportunity.

Typed Name: CPT Camille J. Grathwohl Phone:

Electronic Signature with Date Stamp:

Command Advocate for Competition:

Typed Name: David M. Vanuch Phone:

GRATHWOHL.CAMILL

E.JOY.1385619720

Digitally signed by

GRATHWOHL.CAMILLE.JOY.1385619720

Date: 2022.06 24 09:31:27 -04'00'

VANUCH.DAVID.MATT

HEW.1074640423

Digitally signed by

VANUCH.DAVID.MATTHEW.1074640423

Date: 2022 06.28 11:27:48 -04'00'

Justification for an Exception to Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: National Guard Bureau (NGB), Acquisition Directorate, Architect-Engineer, Construction, and Environmental Division (NGB-AQ-R)

2. Description of Action: The approval is for a modification to task order W9133L- 21-F-4039. The task order was originally awarded under contract GS00Q14OADU120, an Indefinite-Delivery Indefinite-Quantity (IDIQ) contract through the General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) program. The type of funds to be used for this modification are Fiscal Year (FY) 2022 Operations and Maintenance (O&M) funds.

3. Description of Supplies/Services: Task order W9133L-21-F-4039 covers a mission critical remediation project that directly supports the construction of two (2) facilities needed to ensure full operational capability of the F-35A airframe, which is scheduled to arrive at Montgomery ANGB, Dannelly Field, in FY 2024. A modification is needed to remediate additional contamination identified in a data gap investigation (DGI) report, prepared by a separate contractor, . The DGI report was not available at the time of solicitation and subsequent task order award. Although the government’s estimated treatment volume in the original contract was only four (4) percent less than the final treatment volume, the contaminant mass was much greater than the originally identified contaminant mass (6000 lbs as compared to 7,000 – 10,000lbs). was contracted to delineate Site OW004.

Analysis of the data provided in the DGI report allowed to estimate the contaminant mass. Contaminant mass is used for reference purposes and to discuss the magnitude of the issue; however, because contaminant mass in inexact, it is used as a true measure for cleanup efforts. The only true way of knowing how much contamination is in the subsurface is knowing how much Trichloroethane (TCE) was released. In this and most cases, the quantity of contamination released is unknown.

The contaminant mass estimate considers both the known concentrations and volume of soil to be treated. Projections or extrapolation must be used to estimate the mass of soil contamination. Contaminant mass estimates can only be known with a higher degree of certainty after remediation is complete, and we measure the actual amount of contamination extracted from this site. Even the amount removed from the site during remediation is less than the amount released. The final quantity of soil to be treated was confirmed after the DGI was completed. The Government used the site conditions to estimate the quantity of soil to be treated. While the Government was correct in the quantity of soil to be treated, it was less accurate with how the contamination migrated in the subsurface. The Government was also unable to predict the additional hotspot identified during the DGI. The DGI report showed that the highest contamination concentration was significantly higher than had been originally identified (890,000 parts per billion (ppb)) as compared to 3,200,000 ppb), and the areas to be treated increased from 22,000 square feet to 37,000 square feet. Before conducting the DGI, the

Government analyzed the existing data to determine a reasonable treatment volume.

The estimate for soil volume was increased from 15,000 to 25,400 cubic yards to cover uncertainties. There is no way of knowing with certainty the potential for increases (to soil volumes, contamination concentrations and migration pathways) beyond the scoped amount. Soil and groundwater plumes in the subsurface are not static and tend to migrate when acted on by natural processes. These changes in the plume size can occur year-to-year, or over shorter or longer periods of time. This is true for nearly all remediation contracts. Contamination plumes in the subsurface migrate in ways that are not always predictable. There is always potential for differing site condition related to every investigation and remediation project. The Government used the best available information to estimate treatment volumes, and nature and extent of contaminants.

Beyond the sampling data collected, there is no means to knowing with certainty if differing site condition will be encountered. The Government used an estimated soil treatment volume to evaluate contractor proposals. Negotiations were not conducted.

The treatment volume was accurate, but the concentrations identified at the site were unexpected. The areal migration was not identified in the FY20 remedial investigation and feasibility study. The treatment technology, Insitu Thermal Treatment via Electrical Resistant Heating, remains that best treatment option for remediation site contamination. However, based on the increase in contaminant mass, treatment area, and contaminant concentration, additional resources will be needed to fully remediate all soil contamination, and to ensure elimination of unsafe conditions safe for construction workers. The contaminants of concern, trichloroethane and other volatile organic compounds, pose a significant carcinogenic (i.e., cancer causing) and non-carcinogenic health risk (i.e., headaches, organ damage and death) for construction workers who will perform intrusive work at the site immediately after remediation is complete.

The period of performance for the subject task order is from September 26, 2021 to September 29, 2024. This modification will require a period of performance extension to December 31, 2024.

The total value of the subject task order is $5,386,368.00. This modification is expected to increase the task order value by $ .

4. Authority Cited: 10 U.S.C. 2304c(b)(1) as implemented by FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited:

Due to the urgency and mission critical nature of this project, task order W9133L21F4039 was awarded in September 2021 to Jacobs Engineering based on the Remedial Investigation (RI) and Feasibility Study (FS) data available at the time of advertisement of the solicitation in August 2021, as well as a conservatively estimated treatment volume of 25,400 cubic yards FS. The task of conducting the DGI report was separately awarded to Environmental Material Consultant (EMC), Inc. through a separate Architect-Engineer (A-E) contract in September 2021. The NGB, Logistics and Installations Directorate, Operations Division, Restoration Branch (NGB/A4VR), when awarding the subject task order, planned to supplement the RI/FS data with the DGI report, once it became available. A lack of data is common in the environmental remediation industry. All projects have imperfect data and as a result, have a very good chance of requiring additional resources after a contract is awarded. Restoration projects are predicated on increased data to improve decision-making. The DGI would have provided additional data to improve both government and contractor estimating of this project, including improved estimation of the labor and ODC required to execute this project. It is not uncommon for assumptions to be made when available data does not answer all questions pertaining to a site. The previous investigations completed in FY20 allowed for estimation of the treatment volume within four (4) percent of the final volume (which is very good). Based on the FY20 report data, NGB-A4VR could not foresee the migration pattern of the contamination or the other hotspot that was identified during the DGI. The lack of the DGI data would not have made a difference in the evaluation of the proposals. Jacob’s proposed approach of insitu thermal treatment via electrical resistance heating was the best approach because it retains the geotechnical properties of the site required for construction and can achieve remedial objectives in the least amount of time. When the subject task order was solicited, the ANG provided contractors with a pre-proposal site visit (attended by potential offerors) and three

(3) opportunities to provide questions for clarification.

The area selected for construction of the new facilities required to support the F-35A airframe bed-down is highly contaminated with Trichloroethane (TCE) and other volatile organic compounds. This area is known as installation restoration program (IRP) Site TU004. The Government has evidence from the data gap study to show the contamination is the result of an undetected oil/water separator piping release. Site TU004 was in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) investigation process when it was selected for construction of two (2) facilities required to support the F-35A airframe bed-down mission. Although not fully delineated, past investigations completed by Cardno TEC in 2020, identified TCE contamination ranging from 3500 ppb to 890,000 ppb at Site TU004 (for reference, the screening level is 940 ppb). Numerous hotspots above screening levels were also identified at Site TU004 during the RI and FS phase. As a part of the RI, a risk assessment was completed indicating significant carcinogenic and non-carcinogenic health risks to construction workers and future maintenance workers. Site contamination also poses a risk to groundwater. Based on additional data collected for the DGI report, the risks posed to construction and maintenance workers have increased, and risks to groundwater are significantly greater than originally calculated.

NGB/A4VR made every effort to complete the DGI report prior to advertising the solicitation in August 2021. Planning efforts started in November 2020 and the DGI award was scheduled for February 2021. Fieldwork and reporting were originally scheduled to be completed by May 2021, which would have been in time to prepare also could not foresee the areal spread of the site contamination which presented an additional problem because additional resources are required to treat a larger contaminated area. There is an inherit risk (to both the Government and Contractor) in all restoration projects which is a reason that most remediation activities including investigations and remediation, require a modification of either time or resources.

NGB/A4VR does their best to manage risk, but in the end, the risk cannot be completely eliminated. In this case, the project costs are high but would be much higher in future if the Government waits to perform this project under the normal remediation process. But most importantly, the F-35A airframe mission will not have the facilities needed to achieve full operation capabilities needed to full deploy this weapon system in defense of this country’s national interests. The late delivery of the DGI report resulted in a schedule slippage of about three (3) months and caused delays in completion of the draft final and final work plan and remedial design. In addition, NGB/A4VR prepared the Action Memorandum required by federal law internally, and completion took longer than anticipated (Note: It took about four (4) months to complete). The Action Memorandum is currently undergoing a 30-day notice pending potential public comments to be addressed prior to finalizing the work plan and remedial design for the TCRA. Two (2) additional months will be required to complete the fieldwork and achieve full remediation of the site as well as to remediate all newly discovered site contamination. Further, additional time must be allocated to the Alabama Department of Environmental Management to review and comment on the work plan and remedial design.

In addition to the time extension, a task order modification is also required to provide additional labor to perform data management and analysis, and redesign of the treatment system based on the impacts of the new DGI Report information. Because of the increase in the areal extent of the soil contamination, additional treatment cells will be required, and therefore additional verification samples will also be required. Finally, additional funds are required to abandon nine (9) monitoring wells installed during the DGI. These monitoring wells will be damaged as the subsurface is heated during implementation of the TCRA.

The tasks associated with this task order and proposed contract modification are executed continuously over multiple fiscal years and cannot be divided by fiscal year.

Also, this task order and proposed modification cannot be transitioned to a different contractor without significant financial, schedule, and mission losses to the Government based on the supporting information available upon request. The current contractor is mobilizing to the site to set up a very complex remediation system including installation of electrodes and extraction well. All work currently performed is consistent with the awarded Performance Work Statement. Additional drilling will be required, and additional resources will need to be purchased because of the increased size of the plume. The work yet to be performed and that will be included in the modification includes utility payment, operation and maintenance of the treatment system, disposal of wastewater and filter media, verification sampling and analysis, and reporting. Should this task order be terminated for the Government’s convenience, and a new task order (incorporating this new change) be awarded to another contractor, the government will lose all benefit from the current task order work and resources. The project schedule would be set back by years and that would adversely impact the operational capabilities of F-35A airframe to be bed-downed in FY 2024.

If a modification cannot be awarded against the current task order for this additional work there is potential for significant financial and operational harm to the Federal Government and more specifically, the Department of Defense (DoD), the Air Force (AF), and Air National Guard. Additionally, exposure to the extraordinarily high levels of Trichloroethane would remain unchanged resulting in significant health risk to construction and maintenance worker due to the exposure to extremely high-level hazardous chemicals and contribute to groundwater impacts.

Financially, the Government would incur nearly a total loss of the $ invested as allocated in the existing task order. About $ of the $ has been invoiced.

Other Direct Costs (ODCs) and labor not yet invoiced are being expended in preparation for the treatment system set up. Under the terms of the existing task order, the contractor is scheduled to mobilize to the site to commence the treatment system and drilling on June 6, 2022. If the procurement is resolicited, there is potential for selection of an alternate remediation technology, which would result in all work performed to date as unusable. For this contractor, the work completed to date is essential to the normal progression of the project schedule and is essential to completing remediation requirement by June 2023. The contractor has prepared a remedial design/work plan, conducted various meetings, procured subcontractors, and directed the subcontractor to support the remedial design, the work plan, and procure ODCs required to support this remedial action. If a changes modification is not awarded, and a new contractor is brought in to perform the cleanup, all work performed by the current contractor would be rendered unusable by the new contractor. The Government would be starting over and would be required to pay the contractor for all efforts expended on the contract at this site. A new contractor will likely use different technologies with different equipment and designs. In this case, all work performed would need to be re-performed. The Government would be required to pay the current contractor and a newly hired contractor. The cleanup of the Site OW004 contamination is required so the new MILCON facilities required to support the F-35A airframes bed down can proceed. Land on ANG installation are traditionally scarce, therefore the area selected for the bed down was selected for construction of two (2) facilities even though the area was still in the remediation process. Investigation and clean up typically take seven (7) to ten (10) years to complete. However, due to the urgent need of the F-35A bed down, and the significant hazard posed by this site’s contamination based on the extreme level of contamination identified during the FY20 investigation, Time Critical Removal Action provisions of CERCLA were used to expedite this cleanup action. This site also poses a significant risk to imminent construction/maintenance workers, the environment and groundwater resources, will or are being impacted. Trichloroethylene poses carcinogenic (cancer causing) and non-carcinogenic (i.e., headaches, unconscientiousness, organ damage, and death risk) to those encountering high levels of TCE. Additionally – the vapor intrusion risk of facilities construction over this area are much greater and can result in illness to those who inhabit these buildings without reliable engineering controls. In addition, the current contractor would require further payment to remove all equipment from the site and would require compensation for all work performed to this point. The Government would be required to resolicit the task order at full value, which with current inflationary pressures, would be between $ and $ , making the total potential expenditure on this contract $ . It is therefore significantly more cost efficient for the Government to award a modification to Jacobs than to resolicit this effort.

The mission impacts of not awarding the modification to Jacobs Engineering potentially causes a 26 month or more delay which includes: eight (8) months to resolicit and award a new task order; six (6) months for preparation of a remedial design and work plan; and at least 12 months to achieve remediation goals such that the site is suitable for construction. The goal of constructing two (2) new facilities to ensure full operational capabilities for the new F-35A airframe would be delayed at least 26 months; and would delay completion of the new facilities by at least two (2) years, and thus delay full operational readiness of the F-35A airframe by four (4) to five (5) years.

Delaying execution of the cleanup project would leave extraordinarily high levels of a very hazardous chemical, Trichloroethane (up to 3,200,000 ppb; regulatory screening level 940 ppb) in place may result in the Military Construction (MILCON) proceeding without remedial actions being completed. This would result in exposure of construction and future maintenance workers to carcinogenic and non-carcinogenic chemicals, which have a high risk of causing adverse health effects, as indicated in the 2020 Remedial Investigation Report. Exposure to the trichloroethane can cause cancer, organ damage, and even death. The levels of contamination found at Montgomery site are the highest encountered in the ANG restoration program and pose a significant threat to human health and groundwater resources. In addition, should the MILCON project proceed without completing the required remedial actions, there would a significant increase in construction cost due to the need for construction workers being outfitted with personal protection equipment while performing intrusive (i.e., groundbreaking) activities.

Construction workers required to wear personal protective equipment (PPE) operate more slowly and must take regular breaks. These costs have not been accounted for the current MILCON project budget.

In summary, there would be significant financial, schedule, and safety losses to the Government and the surrounding community if this work were to be re-solicited and awarded to a new contractor. There would be adverse mission impacts in that the facilities required to achieve full operational capabilities for the newly assigned F-35A airframe would be delayed four (4) to five (5) years; and finally, there are health impacts caused by what is arguably the most contaminated site in the history of the ANG cleanup program.

In summary, NGB/A4VR requests a modification to the existing task order as follows:

a. Add $ to the Montgomery TCRA project to provide additional resources to address new contamination identified by data gap investigation report.

b. Extend the period of performance end date from September 29, 2024 to December 31, 2024.

c. Add $ to redesign remediation treatment system and data perform analysis of the complete data set.

d. Add $ for additional verification samples. The original proposal included verification samples for only half of the treatment cell. This modification includes sampling and analysis of the balance of all treatment cells.

e. Add $ for abandoning monitoring wells installed during DGI fieldwork.

6. Efforts to Obtain Competition: The original task order was competed among the contractors within Pool 1 (Unrestricted) for the GSA OASIS Multiple Award Contract (MAC). Further efforts to obtain competition are not applicable for this task order modification since this procurement is for a one-time buy.

7. Actions to Increase Competition: Not applicable for this task order modification since this procurement is for a one-time buy.

8. Market Research: Market research was conducted on June 17, 2021, using the North American Industry Classification System (NAICS) code 562910 for “Environmental Remediation Services” and was concluded as follows: “There are no mandatory sources required to be used to procure these services. AbilityOne does not include the services to be acquired by this acquisition. To determine if the environmental service is commercial in nature, a review was made of awarded contracts from other agencies. This revealed that similar work was procured as non-commercial.

Even though these services are available in the private sector, there is no standard of commercial practice and procedure that are used. This work is highly regulated, and agencies set the acceptable contamination levels and screening criteria. In view of the above, the services being procured are considered to be non-commercial.”

NGB issued two (2) sources sought notices to GSA OASIS multiple award contract (MAC) awardee pools. One (1) went to the GSA OASIS Unrestricted Pool 1, which included 101 large and small businesses and the other went to the OASIS Small Business Pool 1, which included 230 small businesses. A Request for Information (RFI) was posted for each pool, and it resulted in a total of five (5) responses. Two (2) were from small businesses and the three (3) were large businesses. All five (5) responses were evaluated by NGB/A4VR who determined that the two (2) small businesses were not considered capable to execute required tasks due to the size and critical time schedule. Two (2) large businesses, Sawdey Solution Services, Inc. and Wood Programs, Inc., were determined qualified, providing confidence to the Government of their company’s abilities to support the critical Environmental Remediation Service. It was ultimately determined by the Contracting Officer that the GSA OASIS MAC Unrestricted Pool 1 would be utilized.

10. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Mark Dickerson Title: Environmental Restoration Program Manager

11. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Mark Dickerson Title: Environmental Restoration Program Manager

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Cost reasonableness will be determined reasonable in accordance with FAR 15.404-1(c)(2)(iii)(D), a comparison of costs proposed by the offeror for individual cost elements with Independent Government cost estimates by technical personnel. A certificate of current cost or pricing data will be required.

Typed Name: Michael Dixon Title: Contracting Officer

13. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Michael Dixon Title: Contracting Officer

DICKERSON.MARK.12

29261211

Digitally signed by

DICKERSON.MARK.1229261211

Date: 2022.06.23 15:01:15 -04'00'

DICKERSON.MARK.12

29261211

Digitally signed by

DICKERSON.MARK.1229261211

Date: 2022.06.23 15:01:48 -04'00'

DIXON.MICHAEL.D.JR.1268146926

Digitally signed by

DIXON.MICHAEL.D.JR.1268146926

Date: 2022.06.23 13:41:33 -05'00'

DIXON.MICHAEL.D.JR

.1268146926

Digitally signed by

DIXON.MICHAEL.D.JR.1268146926

Date: 2022.06.23 13:41:49 -05'00'

Approval

Based on the foregoing justification, I hereby approve the procurement of the Time Critical Removal Action (TCRA) at Montgomery Air National Guard Base (ANGB) in the estimated amount of $ on an other than full and open competition basis pursuant to the authority of 10 USC 2304c(b)(1) as implemented in FAR 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: David M. Vanuch Title: Command Advocate for Competition

VANUCH.DAVID.MATT

HEW.1074640423

Digitally signed by

VANUCH.DAVID.MATTHEW.1074640423

Date: 2022.06 28 11:28:39 -04'00'