B13_Notice_of_intent_to_issue_a_sole_source_contract_award.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

CONTRACTING OPERATIONS - WEST

1849 C Street NW Washington, DC 20240

NOTICE OF INTENT TO ISSUE A SOLE SOURCE CONTRACT

Notice of intent to issue a sole source contract award with a non-competitive purchase order to White Shield Environmental to sample soil in accordance with the Model Toxics Control Act (MCTA). On Wednesday, April 3, 2024, a National Park Service (NPS) dump truck pulling a trailer loaded with an excavator turned over on Highway 101 near the Hoh-Oxbow Campground, about 15 miles south of Forks, Washington. The excavator's fuel tank ruptured, spilling about 30 gallons of diesel on the highway, creating a spill area of about 300 linear feet. Emergency response was warranted to assess the site, prevent the spread of contaminants, and advise the NPS on the response from Washington State Department of Ecology, Department of Transportation.

Initial mobilization after the incident occurred on April 4th, 2024. Site investigation work was scheduled for April 11th with environmental professionals (registered Geologist) and Traffic Control. Removal action is dependent on sample results and the effort is not estimated or scheduled at this time.

Item 1: Perform site visit.

Item 2: Return to site to perform required soil sampling in accordance with the Model Toxics Control Act (MCTA). Send all samples for testing and provide a report including sample results, locations, photos, description of work and any required chain of custody documentation.

Identify site for proper storage of any soils excavated for the purpose of sampling and provide a map and photo of the stored soils.

Item 3: Provide traffic control for the performance of item 2, including submission of traffic control plan to Washington State Department of Transportation to obtain required permitting.

White Shield Environmental

320 N 20TH AVE

Pasco, Washington 99301-4963, United States

The Justification for Other than Full and Open Competition is posted below. Comments and questions regarding this sole source procurement may be directed to Mickey Chisolm, Contracting Officer, at Mickey_Chisolm@nps.gov. Include your business name, qualifications, SAM’s Unique Entity Identification number, and point of contact. All comments received on or before May 14, 2024, by 1700 hours Pacific Standard Time.

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION for SIMPLIFIED ACQUISITIONS

Nature and/or description of the item/service being procured and its intended use:

Estimated cost: $30-35,000. The Washington State Department of Ecology directed the NPS to immediately secure a contractor to take action to address a fuel spill as described in item 2 below. The initial work required is as follows: Perform soil sampling per WA Model Toxins Control Act at Hoh Oxbow spill site, MP 177 on US 101. Provide traffic control as necessary to complete sampling. Develop traffic control plan for submission to WSDOT for approval and issuance of permit to perform traffic control. Send samples for testing and provide a report on the results to NPS and WSDOT.

Sole Source Justification rationale:

A park employee was driving a dump truck hauling a trailer loaded with an excavator. At MP 177 on US101the trailer overturned although still connected to the truck by the safety chain, and with the excavator still attached was dragged down the highway for several hundred feet. The fuel tank on the excavator ruptured, releasing 30 gallons of fuel onto the road shoulder. The spill location is adjacent to a drainage ditch that empties into the Hoh River several hundred yards downhill at the base of the Hoh Oxbow Bridge. Respondents to the accident from the Hoh Tribe indicated that there is critical fish spawning habitat adjacent to the bridge abutments and just a small amount of fuel would despoil the habitat. Washington State Patrol, WSDOT and WA Dept.

of Ecology responded to the incident. WA Dept. of Ecology directed the lead park person on site to obtain services to sample soils and determine the extent of contamination resulting from the fuel spill immediately.

The following is excerpted from an email from Ben Kastine, Spill Responder SW Region, Washington State Department of Ecology:

The Washington State Department of Ecology did require immediate cleanup response to the excavator diesel spill on HWY 101 MP 177 on 03April2024, as the spill was deemed to pose a substantial threat of a discharge of oil into the waters of this state. The below RCWs may help describe our requirement to take immediate action to respond to a substantial threat of a discharge of oil or hazardous substances into the waters of this state:

RCW 90.56.340 Duty to remove oil. It shall be the obligation of any person owning or having control over oil entering waters of the state in violation of RCW 90.56.320 to immediately collect and remove the same. If it is not feasible to collect and remove, said person shall take all practicable actions to contain, treat and disperse the same. The director shall prohibit or restrict the use of any chemicals or other dispersant or treatment materials proposed for use under this section whenever it appears to the director that use thereof would be detrimental to the public interest. [1991 c 200 § 303; 1970 ex.s. c 88 § 3; 1969 ex.s. c 133 § 2. Formerly RCW 90.48.325.]

RCW 90.56.350 Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances—Record of expenses. The department shall take all actions necessary to respond to a substantial threat of a discharge of oil or hazardous substances into the waters of this state or to collect, investigate, perform surveillance over, remove, contain, treat, or disperse oil or hazardous substances discharged into waters of the state. The department shall keep a record of all necessary expenses incurred in carrying out any project or activity authorized under this section, including a reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized. The authority granted hereunder shall be limited to projects and activities which are designed to protect the public interest or public property. The department may use staff, equipment, and material under its control, or contract with others, to carry out its responsibilities under this section. [1990 c 116 § 21; 1987 c 109 § 147; 1970 ex.s. c 88 § 4; 1969 ex.s. c 133 § 3. Formerly RCW 90.48.330.]

Market Research:

Due to the urgency of the need, as expressed to the park representative by WA Dept. of Ecology staff, market research was not performed. A known vendor that had previously performed hazardous material surveys and fuel tank remediations was contacted, as they were known to be registered in SAM.gov and had previously provided competitive pricing for similar types of work.

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION for SIMPLIFIED ACQUISITIONS