A.02 PetroFixA.02 Modified Sole-source Justification (under FAR Part 13).pdf

Control No. _SAS 21-13___

SOLE SOURCE JUSTIFICATION

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

1. Agency/Contracting Activity: U.S. Army Engineer District, Savannah, 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 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 $58,622.40.

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 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)).

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 6,000 pounds of PetroFix® plus electron acceptor in liquid form will be required for this application. With an four additional options of 1,200 pounds each for an optional total of 4,800 pounds and grand total of 10,800 pound.

Delivery is 14 days after award.

5. Reasons for Authority Cited: (Utilize as much space as is necessary to fully annotate the reason/rationale. All applicable areas shall be completed in sufficient detail. Before finalizing, remove the bulleted info.

• For a follow-on contract action, discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or the unacceptable delays to the government. You must provide an estimate of the costs that will be duplicated and explain how such estimate was derived.

6. Actions to Increase Competition:

7. Market Research:

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. This requirement is a follow up for additional application of PetroFix® at sites where it is already being utilized. Using an alternative compound or manufacture would not work as it might alter the geochemistry of the site and have adverse effects.

This was previously awarded under Purchase Order No. W912HN20P5028 to Regenesis Bioremediation Products.

This is an amendment to the original PetroFix® injections that is expected to treat residual concentrations along the edges of the source area or within the areas of higher concentration not fully remediated during initial injections. This is not a duplication of costs; the amendment will treat concentrations outside of the original source concentrations. This requirement is a follow up for additional application of PetroFix® at sites where it is already being utilized.

Initial consideration was given to the recommended sources in an effort to increase competition for this product.

However, no other sources could be identified from AbilityOne, UNICOR, and GSA. A search was also conducted using the Small Business Dynamic Search (DSBS) function using NAICS code 325199. This resulted in a number of small business firms that could possibly provide this item for us. However, Petrofix is sold exclusively by Regenesis Bioremediation Products. In addition a Notice of Intent (NOI) to sole source this requirement was posted to www.beta.sam.gov on 11 June 2021 for 14 days, response date of 25 June 2021. The Government received no responses to the NOI posting. 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.

http://www.beta.sam.gov/

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: W912HN20P5028 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale: Petrofix is manufactured and sold exclusively 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 groundwater. There are no equivalent products available that have been approved by NCDEQ.

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.

Typed Name: _Tracey Tapley____________ Date: __14 May 2021_________________

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. Basis for the determination is as follows:

PetroFix® is a proprietary remedial solution. There are no commercially available alternatives that are capable of treating petroleum contamination and that have NCDEQ approval.

Market research was conducted utilizing acquisition databases, knowledge from other Government personnel, and the SBA website. According to the market research, Petrofix is a proprietary remedial solution capable of treating petroleum contamination and is North Carolina Department of Environmental Quality (NCDEQ) approved for use.

Petrofix is sold exclusively by Regenesis Bioremediation Products, a small business located at 1011 Calle Sombra San Clemente, CA, 92673. Regenesis Bioremediation Products has performed this work for the Savannah District in the past. Based on the market research it has been determined to be in the best interest of the government to sole source this requirement to Regenesis Bioremediation Products, a small business concern

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.

Price will be determined fair and reasonable based on a comparison with the Independent Government Estimate

(IGE).

12. 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.

Signature: __________________________________________