A.02.14 JOTFOC FAR 13.501(a)_ Redacted.pdf

For Official Use Only 1

Justification for Other than Full and Open Competition Pursuant to FAR 13.501(a) U.S. Army Corps of Engineers, Europe District

1. Contracting Activity.

The contracting activity is the U.S. Army Corps of Engineers (USACE), Europe District (NAU), Contracting Office, CMR 410 Box 7, APO, AE 09049 located in Wiesbaden, Germany.

2. Description of Action Being Approved.

USACE NAU intends to award a new Firm-Fixed-Price (FFP) Purchase Order to Jacobs Government Services Company (Jacobs) to continue the operation and maintenance of the existing proprietary contractor-owned remediation system at CCVI008 located at USAG Italy, Vicenza Military Community (VMC). The system is required by the Italian Host Nation (HN) Authority to ensure prevention of contaminant migration off-post until the final and appropriate groundwater remedy is approved and implemented at the site.

3. Description of Supplies/Services.

These services are required to be continued at CCVI008 located in the VMC, USAG Italy:

a. Continued operation and maintenance of the existing proprietary contractor-owned pump and treat (P&T) groundwater remediation system.

b. Continued maintenance and updating of system permits and access information.

c. Continued annual reporting of system monitoring and well sampling results and maintenance actions.

4. Statutory Authority Permitting Other Than Full and Open Competition.

41 U.S.C. 1901 as implemented by FAR subpart 13.5, Simplified Procedures for Certain Commercial Items.

5. Rationale Justifying Use of Cited Statutory Authority.

a. Background:

The continued operation and maintenance of the existing P&T system at CCVI008 is necessary to ensure compliance with the Italian HN authority until such time the final groundwater remediation remedy can be implemented. The site has been an active fuel depot since the 1960’s with numerous upgrades and repairs to the underground storage tanks (USTs) and dispensing systems over the last six (6) decades. Environmental investigations at the site have been ongoing since 1995. The remedy for soil was completed in 2012. In 2017, For Official Use Only 2

Jacobs and their subcontractor (SGM) designed and installed a P&T groundwater remediation system which is currently in operation to prevent offsite migration of the contaminated groundwater. It is a proprietary contractor-owned system that has been successful in preventing contaminant migration offsite, however it is not the most efficient method for fully remediating the groundwater. A Remedial Action Design Plan for the appropriate groundwater remedy was prepared by Jacobs in 2020. The design details the actions necessary for implementing enhanced bioremediation with colloidal injectable activated carbon including nitrates and sulfates reagent to fully remedy the groundwater. This remedy was approved by the HN and is currently awaiting approval from officials in the Pentagon prior to its implementation. In the meantime, the HN has directed USAG Italy to continue with the current P&T system to prevent the contaminated groundwater from migrating offsite.

b. Justification:

A sole source award to Jacobs is necessary to ensure there is no lapse in preventing contaminant migration until such time the appropriate remedy is approved by officials in the Pentagon. A new, competed, award for this temporary measure would result in:

An unacceptable delay in contaminant migration prevention in that it would require the current system to be dismantled and a new system to be designed and installed. There is also the issue of access and permitting delays as USAG Italy and HN are notorious for long approval delays. Such delays would result in contaminants migrating off-site.

Increased time, effort, and cost to the Government for a new design and mobilization/demobilization to the site.

c. Impact:

Compliance with the Italian HN is paramount. The Italian HN authorities have the authority to enforce severe civil and criminal penalties against the U.S. for non-compliance with environmental and safety regulations. These penalties can result in large fines and possibly jail time for violations. The groundwater contamination must not migrate off-site at any time. Ensuring that this proprietary contractor-owned system remains functioning while approval is sought for the permanent remedy is the only way to ensure that the contaminated groundwater is properly contained.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as

Practicable.

As demonstrated above, it is currently not reasonable, practical, and cost effective to attempt to solicit from another source at this time.

7. Determination of Fair and Reasonable Cost.

Prior to award of any contract, the Contracting Officer shall determine prices to be fair and reasonable.