B01_Notice_of_Intent_to_Sole_Source_140P8424P0041_wJOFOC_1.pdf

Notice of Intent to Award Purchase Order 140P8424P0041, Westerly Shipwreck Debris Removal, NPS-Point Reyes National Seashore

Westerly Shipwreck Debris Removal, Point Reyes National Seashore, Marin County, California

The National Park Service, Point Reyes National Seashore, intends to award a firm fixed-price noncompetitive Purchase Order to ATLAS ENVIRONMENTAL CONSULTING, LLC, 160 Skyview PL, Vacaville, CA, 95687 for the cleanup of hazardous debris from the Westerly shipwreck at Point Reyes National Seashore located in Point Reyes, California. The anticipated period of performance is May 14, 2024 through October 21, 2024.

This notice of intent is not a request for competitive proposals, however all e- mails received within 10 calendar days after date of publication of this synopsis will be considered by the Government for future related requirements. A determination by the National Park Service not to compete this proposed action based upon responses to this notice is solely within the discretion of the Government. Interested vendors are requested to submit contact information that at a minimum will include the following: (1) a reference to the number of this Notice of Intent; (2) company name, address, telephone number and (if applicable) website address; (3) the type of business (large or small); (4) the name, telephone number and e-mail address of a technical point of contact having the authority and knowledge to clarify responses with the Contracting Officer; (5) technical literature or a capabilities statement regarding the company's background, experience and qualifications.

This procurement is being issued in accordance with the Simplified Acquisition Procedures; Other than Full and Open Competition (FAR Parts 13 and 6.302-2, Unusual and compelling urgency).

Submission must be via e-mail to: loren_thomas@nps.gov by no later than 5:00 pm Pacific Daylight Time on, October 7, 2024.

All inquiries are to be in writing and no telephone inquiries will be accepted. No entitlement of payment in either indirect or direct costs by the National Park Service will arise as a result of submission of responses to this notice.

The North American Industry Classification System (NAICS) code applicable to this purchase order is 562211 and the small business size standard is $47 million.

FAR Clauses applicable to this purchase order are 52.204-13, System for Award Management Maintenance; 52.204-18, Commercial and Government Entity Code Maintenance; 52.204-19, Incorporation by Reference of Representations and Certifications; 52.212-4, Contract Terms and Conditions -- Commercial Items (Nov 2023);

52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013); 52.232-40, Providing Accelerated Payments to Small Business subcontractors (Mar 2023); 52.242-15, Stop-Work Order (Aug 1989), 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Feb 2024), with all paragraph (a) clauses incorporated; paragraph (b) clauses as follows:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C.

4704 and 10 U.S.C. 4655).

X (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

X (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (26)(i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

X (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

X (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

X (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

X (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

X (52)(i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C.

chapter 83).

X(53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

X (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

Paragraph (c) clauses as follows:

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706

(JAN 2022) (E.O. 13706).

All paragraph (d) clauses incorporated; all paragraph (e) clauses incorporated.

Last updated 6/2/2016

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over SAT (FAR 6.303-2) PR Number 0040661275

1. Identification of the Agency and the Contracting Activity:

The National Park Service, Contracting Operations West, Point Reyes Major Acquisition Buying Office, intends to award a firm fixed-price noncompetitive Purchase Order for Unusual and Compelling Urgency to Atlas Environmental Consulting LLC.

2. Nature and/or Description of the Action Being Approved:

The National Park Service (NPS) at Point Reyes National Seashore, located in Marin County, California, has a requirement for Hazardous Waste Treatment and Disposal to remove a shipwreck and associated debris. The work consists of a salvage operation to remove debris remaining from the wreckage of a vessel, the "Westerly", including possible hazardous materials, such as oil, fuel, and batteries. The project is located within Point Reyes National Seashore, in Marin County, California. The site is also within the National Oceanic and Atmospheric Administration (NOAA) Greater Farallon's National Marine Sanctuary, a designated wilderness with a sensitive marine ecosystem. The location of the work is in the surf and along the Park's coastline in dangerous, unstable terrain and requires a helicopter with crew for some of the work. The project contains one option for an additional two days of work.

On Thursday, March 28, 2024, a 38-foot private crabbing vessel named �Westerly� was identified as having run aground either that morning, or overnight, crashing into the rocky terrain near Chimney Rock in Point Reyes National Seashore. The United States Coast Guard determined most fuel onboard likely spilled after the impact and declined any cleanup operation. The NPS is responsible for protecting the natural resources in the area, which also includes designated wilderness with sensitive and possibly endangered marine species. The boat continues to break apart, spilling contents into the rocky intertidal area. The contents include plastic, metal, electronics, batteries and fishing/crabbing pots, nets, and line, which pose a threat to marine life. The situation is urgent as the loose debris has potential to damage natural resources until removed. The wooden hull is still largely intact and deemed too dangerous to remove at this time, but loose items are still onboard and are likely to spill out into the area.

The key focus of the project is to remove contents that have high likelihood of creating a hazardous environment within a National Marine Sanctuary. Environmental concerns to natural resources to include marine fish, marine mammals, and seabird populations. The site of the shipwreck, Chimney Rock, is located in designated wilderness within the Greater Farallon's National Marine Sanctuary. Due to the environmental concerns and impact to the wildlife and natural resources, urgent removal of the debris is required to meet National Marine Sanctuary and National Park Service regulations covering resource protection. Every year, this location is home to hundreds, if not thousands, of Elephant seals and is routinely used by seabirds listed on the US Fish and Wildlife Service (FWS) threatened/endangered listings as breeding and nesting areas. During this time of year, two specific endangered birds (Murres and Cormorants) routinely breed and nest in the area. The debris poses significant hazard to nesting and breeding birds that use the ocean as a primary food source. In addition, much of the debris threaten local fish and shellfish population, as well as migrating mammals such as whales that routinely use the waters off Chimney Rock during annual migration patterns. The NOAA considers the impact of debris such as pots, lines, metal, and electronics is one of the greatest threats to marine wildlife.

As a helicopter must be utilized, it is essential that the project is completed when weather and tide conditions are predicted to be most favorable for this high-risk operations. There is a short window of time beginning May 13, 2024 for 3-7 days, when the tide will be low and conditions are predicted to be most favorable to complete the project. Although FWS is not currently tracking any bird breeding/nesting in the area at this time, bird nesting season is very near making even more important to complete the cleanup before the bird nesting season begins.

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

Under this contract the Contractor shall provide all supervision, labor, equipment, testing, and supplies necessary to complete the work as identified in the project statement of work and attachments. All work shall be performed in accordance with local, state, and federal laws. The majority of the work will be to conduct a salvage operation to remove loose debris remaining from the Westerly wreckage. The work will include any detached contents that can be safely removed from the vessel hull and the loose debris along the rocks and exposed shore. The primary focus will be to remove items deemed most harmful to wildlife, including fishing lines, nets, pots, plastic, metal, and the engine block. If conditions allow, the contractor will further assess to confirm if any hazardous materials, such as oil, fuel, and batteries remain onboard the vessel and will remove those materials and tanks.

Due to the nature of the rocky terrain at the base of a more than 300-foot-high cliff of unstable bluffs, this area is only accessible at low tide, by helicopter, which will be required for this operation. The contractor states this work is dangerous, due to the lack of flat ground for the crew to walk with the exception of a small cove. Additionally, the vessel hull is stuck between rocks and must be physically climbed over.

The hull may only be accessible after climbing those rocks and using a carefully placed ladder. The work can only be performed at low tide with favorable weather conditions (minimal wind and fog). This area is covered by large surf, reaching over the boat and all the way to the cliff side at high tide. A helicopter will be used to get a four-person crew onto the beach via long line and will haul equipment in a cargo net and drum liners down to the crew. The helicopter will then haul the recovered and packaged debris to a staging area determined by the National Park Service and agreed upon by the contractor. Due to tide conditions the crew will work approximately 3-4 hours per day in the cove. This operation is estimated to take between 5-7 days, which may not be consecutive due to environmental conditions and ongoing wildlife monitoring assessments, in particular nesting birds, which may dictate stopping work to prevent any resource harm that could be caused by the cleanup operation. The main objectives are to: 1) Safely remove loose debris from the wreckage, both on the shore and onboard the vessel; 2) Assess for remaining hazardous materials and remove materials.

The estimated base value of this contract is $267,523 with one option for two additional days of work, estimated at $76,419, for a total possible contract value of $343,942.00.

4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

FAR 6.302-2, Unusual and compelling urgency: Federal Law 41 U.S.C. 253, as implemented by Federal Acquisition Regulation (FAR) 6.302-2, authorizes under certain conditions, including unusual and compelling urgency, contracting without providing for full and open competition.

5. A Demonstration That the Proposed Contractor�s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

Atlas Environmental Consulting LLC currently has IDIQ Contract 140P8621D0002 with the National Park Service for emergency response and hazard waste treatment and disposal for seven parks in the San Francisco Bay Area, including Point Reyes National Seashore. They have the necessary expertise for removal of hazardous debris in these circumstances and are already familiar with the location.

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:

The exception that applies is FAR 5.202(a)(2): The proposed contract action is made under the conditions described in FAR 6.302-2 (purchases conducted using simplified acquisition procedures when unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

7. A Determination By the contracting officer That the Anticipated Cost to the Government Will Be Fair and

Reasonable:

At the time of award of IDIQ 140P8621D0002, the Contracting Officer determined that the price set forth was considered to be fair and reasonable in accordance with FAR 13.106-3(1). The contractor is willing to perform these services using the IDIQ 140P8621D0002 price schedule.

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:

It has been determined that Atlas Environmental Consulting LL, who is currently performing emergency response and Hazardous Waste Treatment and Disposal for the NPS under IDIQ 140P8621D0002, is the only firm capable of performing the high risk services in the required time frame. Therefore, extensive market research was not conducted for this specific acquisition in order to preclude any further damage to the sensitive marine ecosystem. The NPS is responsible for protecting the natural resources in the area, which also includes designated wilderness with sensitive and possibly endangered marine species, requiring an urgent response in order to limit further damage. However, market research was conducted on the referenced IDIQ, the price schedule for which the contractor has agreed to use. This past market research is documented in the contract file.

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):

The time constraints associated with synopsis would seriously delay this urgent contract action.

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

Due to the time constraints and the critical nature of the required services it is impracticable to solicit sources other than Atlas Environmental Services Inc., as they have been performing satisfactorily under an active IDIQ contract with the NPS for emergency response to parks in the San Francisco Bay Area, including Point Reyes National Seashore.

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:

Due to its unusual and compelling urgency this acquisition is a one-time exception to the practice of procuring services through full and open completion. Adequate controls are in place to ensure that subsequent acquisition of services is through full and open competition.

ATTACHMENT 1

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over SAT (FAR 6.303-2)

PR Number 0040661275

12. Certification:

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:

(Type or Print Name):

(Title):

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

(Type or Print Name): __________________________________________________ Contracting Officer

Reviewed for Legal Sufficiency by Solicitor�s Office (over $500,000 or as requested):

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): _________________________________________________ Attorney-Advisor

Reviewed/Concur/Approved by: (if applicable)

Chief of the Contracting Office

Approved by: (if applicable)

(Signature) _______________________________________ (Date) ______________________

(Type or Print Name): _________________________________________________ Bureau Competition Advocate

Approved by: (if applicable) (Signature) _______________________________________ (Date) ______________________

(Type or Print Name): _________________________________________________ Head of the Contracting Activity