Attachment_8_JOFOC_for_components.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

(FAR 6.303-2)

Solicitation #140P8322R0004, Rehabilitate Wastewater System at Log Cabin Resort

1. Identification of the Agency and the Contracting Activity: Department of the Inteior (DOI), National Park Service (NPS), Olympic Major Acquisition Buying Office

2. Nature and/or Description of the Action Being Approved: Rehabilitation of the Log Cabin Resort large onsite sewage system (LOSS) is regulated by the Washington State Department of Health (DOH), and modifications must comply with the Washington Administrative Code (WAC) Chapter 246-272B Large On-site Sewage System Regulations. The National Park Service is pursuing a construction contract to fully rehabilitate the LOSS, including relocating the drain field away from sensitive water bodies and modifying the treatment process to meet new effluent and groundwater permit limits. The construction contract will correct these deficiencies and bring the LOSS into compliance with DOH regulations by rehabilitating the gravity sewage collection and conveyance system to include a central RV dump station, in-ground grease interceptor, and new lift stations pumps; replacing the obsolete extended aeration treatment system with a recirculating textile filter system, including a new treatment control building with backup/emergency generator; and constructing a new subsurface drip disposal drain field with a dedicated dosing tank and control building housing ultraviolet (UV) disinfection, along with installation of groundwater monitoring wells to demonstrate compliance with permit limits.

The LOSS design and specifications include two manufacturer-specific brand name products that are considered essential to the Government’s requirements for this construction contract. These items are small but integral components of the overall sewage system and have been pre-approved by DOH as described below.

The Government reviewed DOH’s Wastewater Management Section List of Registered On-site Treatment and Distribution Products, which includes products that DOH reviewed and found to meet the relevant WAC product registration requirements, and thus are approved for use in Washington State. Based on site and design constraints, NPS selected a proprietary waste treatment technology manufactured by Orenco Systems Inc. The DOH LOSS engineer reviewed the Government’s project-specific engineering report that includes: a) dated written confirmation from the proprietary product design engineer stating the technology is suitable for the proposed LOSS modifications and can consistently meet the required treatment level, b) design calculations reflecting manufacturer sizing guidelines, and c) supporting information, including flow data, and influent and effluent quality sampling results from a minimum of three LOSS installations with similar design loading to support the performance claim. The AdvanTex® Wastewater Treatment System, which consists of two AX100 attached growth recirculating textile filters with active ventilation and integrated control panel, has been approved as an acceptable treatment technology given the project-specific design. Use of any other treatment technology or product would require a new detailed design, as documented in an engineering report, and would be subject to DOH review and approval.

The Government requested and the DOH LOSS engineer approved a waiver to specific WAC requirements regarding the subsurface drip drainfield and maximum hydraulic loading rate. The waiver approval is based on site-specific analysis of the subsurface drip design and layout by a design engineer with Geoflow stating that the increased hydraulic loading rate is acceptable and the Geoflow subsurface drip system, as designed, will meet WAC requirements and manufacturer’s performance claims. Because the DOH waiver approval is product-specific, use of the only alternative subsurface drip manufacturer approved for use in Washington State would

Solicitation #140P8322R0004, Rehabilitate Wastewater System at Log Cabin Resort require a separate waiver request with manufacturer’s review and performance statement associated with a site-specific layout. The waiver approval letter from DOH is attached.

3. A Description of the Supplies or Services Required to Meet the Agency’s Needs, Including the Estimated Value:

a. Orenco AdvanTex® AX100 recirculating textile filter treatment consisting of 200 square feet of treatment area, air inlet and vent fan assemblies, integrated control panel - $70,732.

b. Geoflow Wasteflow pressure-compensating subsurface drip line (14,000 lineal feet) with ½ gph flow and 12” emitter spacing, plus manufacturer-specific appurtenances (e.g.

adaptors, couplings, air vents, etc.) - $17,412.

c. Total cost of sole-source components is expected be less than $90,000.

4. Identification of the Statutory Authority Permitting Other Than Full and Open Competition: Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited: During the design phase, NPS and the architect-engineering firm consulted the Washington Administrative Code (WAC) and Washington State Department of Health for applicable regulatory requirements and did market research of components on DOH’s pre-approved list. Based on the findings and design constraints posed by the site, NPS identified components which were best-suited for this particular LOSS. NPS requested, and DOH granted, regulatory waivers from the WAC based on using the specific brand name components.

6. A Description of Efforts Made to Ensure That Offers Are Solicited From as Many Potential Sources as is Practicable, Including Whether a Notice Was or Will Be Publicized as Required by FAR Subpart 5.2 and, If Not, Which Exception Under FAR 5.202 Applies:

Rehabilitation of the LOSS will be competed among small businesses as a firm fixed price construction contract. The prime contractor may purchase the brand name components from any supplier but will not be allowed to propose an equivalent product. As prescribed in FAR 11.105(a), this justification will posted at SAM.gov with the solicitation for the construction contract.

7. A Determination By the Contracting Officer That the Anticipated Cost to the Government Will Be Fair and Reasonable: The overall price of the construction contract will be analyzed for fairness and reasonableness. These components represent <5% of the total estimated cost of rehabilitating the LOSS.

8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a Statement of the Reason Market Research Was Not Conducted: Market research of LOSS components occurred during the design phase. See #2 and #5.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.302-2 (9) (i) – (iii) for some examples): Not applicable.

Solicitation #140P8322R0004, Rehabilitate Wastewater System at Log Cabin Resort

10. A Listing of the Sources, If Any, That Expressed in Writing, an Interest in the Acquisition:

None.

11. A Statement of the Actions, If Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for the Supplies or Services Required: The NPS will review DOH’s regulatory requirements and list of pre-approved manufacturers prior to commencing design of any new or replacement LOSSs and make every effort to not design systems that include a sole-source brand name requirement for components.

12. Certification of technical personnel:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Title): Engineer, Olympic National Park

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

Contracting Officer

Approved / Concur Over $25,000:

MABO Lead (Warranted Individual 1 Level Above Contracting Officer)

STATE OF WASHINGTON

DEPARTMENT OF HEALTH

OFFICE of ENVIRONMENTAL HEALTH and SAFETY wastewatermgmt@doh.wa.gov

PO Box 47824, Olympia, WA 98504

(360) 236-3330 711 Washington Relay Service

September 7, 2021

Sarah Creachbaum National Park Service Olympic National Park 600 E Park Avenue Port Angeles, WA 98362-6798

RE: LOSS Waiver Approval; Log Cabin Resort Largo On-Site Sewage System (LOSS); System ID

CLM027; Project #2019-018

Dear Ms. Creachbaum:

On August 9, 2021, the Washington State Department of Health (DOH), received your request for a waiver from two requirements of WAC 246-272B for the modification of the above referenced system:

• WAC 246-272B-06250(7): For LOSS with design flow of 14,500 gpd or less, the design engineer shall not use disinfection treatment to meet fecal coliform standard (b) Treatment Level C.

• WAC 246-272B-06650(22): The values in Table 7 must be used to determine the minimum number of emitters and minimum drip field area required for a subsurface drip system.

Olympic National Park is requesting a waiver of WAC246-272B-06250(7) in order to meet High Quality

Effluent (HQE) Fecal Coliform treatment standards using ultraviolet (UV) disinfection. UV disinfection was chosen as an effective way to meet HQE treatment standards in the environmentally sensitive area without negatively affecting soil microbes that provide additional treatment in the drainfield.

Disinfection is typically not allowed for systems with design flows under 14,500 gpd due to difficulties in maintaining the equipment. DOH agrees that a waiver from this requirement can be granted, so long as the following provisions required for LOSS with design flows greater than 14,500 gpd are met:

• The owner must employ a qualified operator for the lifetime of the LOSS;

• A monitoring and reporting plan demonstrating that performance standards can be consistently met must be submitted and approved by DOH; and mailto:wastewatermgmt@doh.wa.gov

Sarah Creachbaum

September 7, 2021

• A management plan verifying that ownership, management, and financial resources are adequate for the above requirements for the lifetime of the LOSS must be submitted and approved by DOH.

Olympic National Park is requesting a waiver from the requirements of WAC 246-272B-06650(22) because an adequate area of suitable soils is not available to meet the requirements. A subsurface drip system is being proposed with 12” emitter and dripline spacing and a loading rate of 0.8 gpd/emitter: a rate double the allowable discharge rate for the proposed dripline spacing in Type 4 soil. DOH agrees that a waiver from this requirement can be granted based on the following, which, combined, ensure public health and the environment are protected with the existing site restrictions:

• Geoflow design engineer has provided documentation indicating increasing the emitter discharge rate is acceptable for this project;

• This project is intended to replace an existing undersized drainfield;

• Drainfield use is seasonal;

• Olympic National Park intends to install the largest drainfield possible in the available space;

and

• In order to account for the higher loading, numerous design accommodations have been proposed, including proprietary recirculating textile filters, oversized dosing tanks, and strategically placed pressure compensating emitters.

In accordance with the provisions of WAC 246-272B-08000, the submitted waiver request is approved. We are approving this waiver due to the proposed system design achieving comparable levels of public health and environmental protection to the waived requirements.

If you have any questions, please contact Kathryn Hayden at (509) 329-2147 or kathryn.hayden@doh.wa.gov.

Sincerely, Kathryn Hayden, P.E.

Large On-Site Sewage Program Wastewater Management Section cc: George Mugel, P.E.

Ryan Cochran, E.I.T., WA Department of Health mailto:kathryn.hayden@doh.wa.gov