A.02 PetroFix Modified Sole-source Justification W912HN20Q5012.pdf

Control No. SAS 02-07

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $700K)

1. Agency/Contracting Activity: U.S. Army Corps of Engineers, Savannah District, 100 West Oglethorpe Avenue, Savannah, GA 31401

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds: FUDS

Name of Proposed Contractor(s):

Regenesis Bioremediation Products

Street Address: 1011 Calle Sombra City, State, Zip: San Clemente, CA 92673 Phone: 949-366-8000

3. Description of Services or Supplies: PetroFix® is a highly concentrated water-based suspension consisting of micron-scale activated carbon and biostimulating electron acceptors. PetroFix is unique in that it is an environmentally-compatible formulation of micron-scale activated carbon combined with both slow and quick-release inorganic electron acceptors.

The total estimated value of the proposed action is $ 61,000.00

4. Authority:

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines

PetroFix® is a highly concentrated water-based suspension consisting of micron-scale activated carbon and biostimulating electron acceptors. PetroFix is unique in that it is an environmentally-compatible formulation of micron-scale activated carbon combined with both slow and quick-release inorganic electron acceptors. This unique formulation is capable of quickly removing hydrocarbons from the dissolved phase, by absorbing them onto activated carbon particles, while the added electron acceptors stimulate hydrocarbon biodegradation in-place. PetroFix® is produced and sold exclusively by Regenesis and is not offered by any other supplier.

A total of approximately 13,000 pounds of PetroFix® plus electron acceptor in liquid form will be required for this application.

Delivery is requested by 22 May 2020.

that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)

FAR 13.501(a)(1): For actions for commercial supplies or services greater than the SAT but not exceeding $700K, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)).

5. Reasons for Authority Cited:

6. Actions to Increase Competition:

7. Market Research:

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number:

Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale:

PetroFix® is manufactured and sold exclusively by Regenesis and is not offered by any other supplier. PetroFix® by Regenesis. PetroFix® has been approved by the state regulatory agency North Carolina Department of Environmental Quality (NCDEQ) for use in treating low level petroleum contamination in the groundwater.

There are no equivalent products available that have been approved by NCDEQ.

Other remediation strategies were considered; however, due to the unique geology of the site and the contamination levels, Petrofix® was determined to be the most effective remedial strategy.

PetroFix® is a proprietary remedial solution. There are no commercially available alternatives that are capable of treating petroleum contamination and that have NCDEQ approval. In accordance with FAR 10.002, market research was performed to determine if vendors are capable of fulfilling the requirement. A search on AbilityOne, UNICOR, GSA Advantage and Small Business Dynamic Search did not reveal any vendors that could provide this service.

9. Additional Facts and/or Information to support the justification.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Position Title: Chief CESAS-EN-GG_____________

Signature: _________________________________

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable as it is based on the Independent Government Estimate (IGE).

Signature: __________________________________________

12. Small Business: I certify that I have reviewed this document and supporting data and concur with the findings.

13. Legal Review (IAW UAI 5101.602-2-90 (c)): I have reviewed this justification and find it legally sufficient.

14. Contracting Officer’s Approval (actions less than $700K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Petrofix by Regesis has been approved by the state regulatory agency NC Department of Environmental Quality for use in treating low level petroleum contamination in the groundwater for three formerly used defense sites (FUDS) in NC. It is sold exclusively by Regensis. It is proven technology for this type of remediation and is significantly less expensive than other groundwater treatment alternatives for removing petroleum contamination.