B.04.21 FINAL Consolidation Determination $245M PRAC MATOC For Posting.pdf

CONSOLIDATION DETERMINATION

COORDINATION AND APPROVAL PAGE

Consolidation Determination

W912DQ23R3018

Reviews: I have reviewed this consolidation determination and find it adequate to support the rationale as stated.

CONSOLIDATION OF CONTRACT REQUIREMENTS DETERMINATION

FOR HAZARDOUS, TOXIC, AND RADIOACTIVE WASTE (HTRW)

REMEDIATION PROJECTS

(As prescribed by FAR 7.107-2 and AFARS 5107.107-2)

RATIONALE

1. Consolidation may provide substantial benefits to the Government. However, because of the potential impact on small business participation, before conducting an acquisition that is a consolidation of requirements with an estimated total dollar value exceeding $2 million, a written determination shall be made that the consolidation is necessary and justified in accordance with 15 U.S.C. 657q, after ensuring that--

(a) Market research has been conducted;

(b) Any alternative contracting approaches that would involve a lesser degree of consolidation have been identified;

(c) The determination is coordinated with the agency's Office of Small Disadvantaged Business Utilization or the Office of Small Business Programs;

(d) Any negative impact by the acquisition strategy on contracting with small business concerns has been identified; and

(e) Steps are taken to include small business concerns in the acquisition strategy.

2. Introduction: The U.S. Army Corps of Engineers (USACE) Kansas City District (NWK) plans to solicit offers for the procurement of an Unrestricted (UR) Indefinite- Delivery, Indefinite-Quantity (IDIQ) Preplaced Remedial Action Contract (PRAC) Multiple Award Task Order Contract (MATOC) for Hazardous, Toxic, and Radioactive Waste (HTRW) environmental remediation activities in support of the Environmental Program and has conducted market research that demonstrates consolidation of this procurement to be both necessary and justified. FAR 2.102 defines ‘consolidation or consolidated requirement’ as –

(1) a solicitation for a single contract, a multiple-award contract, a task order, or a delivery order to satisfy –

(i) Two or more requirements of the Federal agency for supplies or services that have been provided to or performed for the Federal agency under two or more separate contracts, each of which was lower in cost than the total cost of the contract for which offers are solicited; or

(ii) Requirements of the Federal agency for construction projects to be performed at two or more discrete sites.

(2) “Separate contract” as used in this definition, means a contract that has been performed by any business, including small and other than small business concerns.

Consolidation Determination

W912DQ23R3018

3. Description of the Procurement Action: The new UR IDIQ PRAC MATOC supports performance of HTRW environmental remediation activities for Northwestern Division (NWD) and the Environmental Protection Agency (EPA) Region 2.

a. Requirement defined (including proposed contract type, estimated total value of the requirement, proposed competition, and period of performance).

The MATOC will be solicited as an unrestricted procurement and competitively negotiated in accordance with FAR 15.304(c)(1)(ii)(A)(3), whereas price or cost will not be included as an evaluation factor as part of the source selection, and the Government intends to make an award to each and all qualifying offerors. The total ordering limitation of the MATOC is $245M and will be shared capacity among all awardees (i.e., MATOC holders). The MATOC will have a five-year base ordering period with no options to extend. The MATOC will be used to award negotiated firm-fixed price (FFP) and cost-plus fixed fee (CPFF) task orders (TO)s for multi-disciplinary environmental remediation activities for a variety of projects throughout NWD and EPA Region 2.

Individual TOs may have a period of performance that extends beyond the last day of the MATOC ordering period; however, a TO performance period will not exceed five years beyond the last day of the MATOC ordering period. Requirements will be funded at the TO level using appropriate funding source, primarily EPA no-year funds and will be administered by NWK. Funding is not currently available but will be made available for each TO. The Command Service Executive (CSE) approval for the proposed acquisition was received on 28 April 2022 (Attachment 1).

The scope for the procured environmental remediation activities relate to various environmental requirements and include both services and construction. The examples of these services include: excavation, transportation, and disposal of hazardous, toxic, or low level radiological waste; construction and operation of permanent groundwater treatment facilities including structures, treatment equipment, related extraction well networks and piping; dredging, ex-situ or in-situ treatment, and disposal of contaminated sediments; decommissioning of existing facilities; installation and operation of in situ treatment technologies including but not limited to air sparging, chemical oxidation, chemical reduction, enhanced bioremediation, ground-water circulating wells, permeable reactive barriers, soil vapor extraction, and thermal treatment; remediation incidental to munitions constituents; mine waste reclamation or reclamation of abandoned mine lands; water line installations/service connections hookups; and utility line replacement and/or remediation along utility lines; and erosion, sewer, and storm water controls for the purpose of compliance and/or pollution prevention. Supporting activities include, but are not limited to, sampling and laboratory analysis of soil, groundwater, surface water, air, and sediments; monitoring well, extraction well, and injection well installation, monitoring, and maintenance; supporting facilities for construction; work plan preparation; construction completion reports, as-built drawings, periodic monitoring reports, operation and monitoring reports, and other documents as needed; demolition; and public relations activities.

c. Discussion of how this consolidation aids the Government in meeting mission objectives. Explain any regional or national contract implications: This strategy was developed to help eliminate redundancies, enhance sharing of best practices, reduce the overall cost of doing business for USACE, and allow for a coordinated effort between the divisions. There are no negative implications since the contract tool will be used within NWD and therefore provides optimum opportunities for a varied pool of regional and national contractors

d. Effect on Small Business or set-aside concerns:

The consolidation of these requirements will have minimal negative impact on the small business community. NWK’s environmental remediation mission includes both work that is well suited for small businesses and work that is not well suited for small businesses. Small businesses will still be executing environmental remediation work under MATOCs awarded under the MEGA program with existing capacity. The district supports SB participation through the various SB MATOCs as discussed in paragraph 2(b) above. Additionally, the UR PRAC MATOC will support small business concerns by implementation of the small business subcontracting plan. The subcontracting requirements that will be required for these contractors will allow for the small business contractors to be involved and have an opportunity for business growth in terms of environmental project experience without the potential financial and liability risks associated with being the prime contractor on larger projects.

Although the UR PRAC MATOC will be solicited and awarded using full and open competition, this does not preclude small business concerns from submitting an offer.

Three of the 10 firms on the current 2020 UR PRAC are small business concerns.

DETERMINATION

CONSOLIDATION OF CONTRACT REQUIREMENTS DETERMINATION

FOR HAZARDOUS, TOXIC, AND RADIOACTIVE WASTE (HTRW)

REMEDIATION PROJECTS

(As prescribed by FAR 7.107-2 and AFARS 5107.107-2)