JOFOC_1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of Agency and the contracting activity.

The US Environmental Protection Agency (USEPA), Region 9 Acquisition Office

2. Nature and/or description of the action being approved.

The action is a new requirement. The purchase order will procure contractor support to provide Class V UIC inventory of the Wahikuli Houselots subdivision.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This Limited-Sources Justification and associated TO will be for a Class V UIC inventory of the Wahikuli Houselots subdivision. The purpose of this task order is to conduct a wastewater evaluation of each parcel in the Wahikuli Houselots subdivision to collect the necessary information so EPA can determine which parcels have Class V wells and if additional oversight is required.

The County of Maui is actively planning to expand sewer to the Wahikuli Houselots subdivision but in the short-term, the Hawaii Department of Health, the County of Maui and EPA are working collaboratively to assist homeowners to rebuild and reoccupy their homes while sewer is being designed and constructed.

Conducting the Class V inventory and evaluation will provide the necessary information for compliance with the SDWA/UIC Program and also allow the contractor to draft a report describing the structural integrity and functionality of each parcel’s wastewater system. The County of Maui is requiring homeowners to submit this report before they are allowed to rebuild. The temporary wastewater system must meet the Hawaii Department of Health’s March 19 “Guidance for Existing Cesspool Use in the Wahikuli Houselots Subdivision”.

The period of performance is 6 months from approximately 5/1/2024 – 11/01/2024.

The Task Order has an estimated value of $250,000.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41USC 3304(a)(2) in accordance with FAR 6.302-2, Unusual and compelling urgency. When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The recent developments and events outlined below in subsequent paragraphs involving the 2023 Maui Wildfires have created an urgent and compelling need. On August 10, 2023, the President of the United States issued a declaration of a major disaster for the State of Hawaii (FEMA– 4724–DR) under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121 et seq.

Over 5,000 Maui residents are displaced and housed by FEMA in hotels or alternative lodging at $1.67M/day. Between the start of the disaster and January 5, 2024, FEMA has spent ~$250M on housing and anticipates spending an additional $450M. Rebuilding in the Wahikuli Houselots subdivision will allow residents to move back into the properties and leave FEMA housing.

Delaying the rebuilding efforts in this area would extend the prohibitively high expenses incurred daily for hotel/alternative lodging for these displaced Maui residents and would cause serious financial injury to the Government.

At several regular public meetings for displaced members of the community, the County, State, and Federal governments have received feedback requesting assistance with cesspool assessments to satisfy DOH guidance, citing financial hardship and concerns over trust of professionals coming into the area without past work experience. CDF Engineering has already performed wastewater inspections on several parcels in this neighborhood which illustrates the level of trust in their integrity and professional ability.

Minimum requirements for this task order include, but are not limited to general project management, developing a Class V inventory plan, and conducting a parcel-by-parcel wastewater inventory and evaluation. The contractor must be a licensed engineer with comprehensive knowledge and understanding of Hawaii Department of Health wastewater regulations and EPA’s Underground Injection Control LCC ban and Class V inventory requirements. The contract must have a strong working relationship with the County of Maui's Department of Public Works and Department of Environmental Management. Additionally, the contractor must also be familiar with the Wahikuli area and comfortable engaging and communication with the homeowners and residents of this subdivision.

The contractor must be able to be mobilized immediately after award of the purchase order.

The only contractor that can meet this aggressive yet critical timeline to support the Wahikuli Houselots subdivision and Maui County in rebuilding this area that was devastated by the August 2023 wildfires is CDF Engineering LLC. This contractor has the demonstrated knowledge, history, technical expertise, and appropriate personnel and equipment to assist EPA Region 9 to conduct a parcel-by-parcel Class V inventory and evaluation to allow EPA to properly oversee and implement the UIC program in this area and provide the necessary wastewater reports required by HDOH and Maui County for rebuilding.

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 subpart 5.2 and, if not, which exception under 5.202 applies.

CDF Engineering LLC is currently the only known wastewater engineering contractor on Maui that would be able to provide this service within the tight timeframe needed by the agency. This contractor has the demonstrated knowledge, history, technical expertise, and appropriate personnel and equipment to assist EPA Region 9 to conduct a parcel-by-parcel Class V inventory and evaluation to allow EPA to properly oversee and implement the UIC program in this area and provide the necessary wastewater reports required by HDOH and Maui County for rebuilding.

A notice was not publicized as required by FAR subpart 5.2. The exception that applies is FAR 5.202(a)(2): The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if 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 5.203.

Per EPAAG Change Notice No. 24-05, the simplified acquisition threshold has been increased per FAR 18.202 to activate Special Emergency Procurement Authorities related to purchases in response to the Hawaii Wildfires 2023. The simplified acquisition threshold for purchases in support of the Hawaii Wildfires 2023 response is now $15,000,000.00. Therefore, this requirement for $250,000 will be utilizing simplified acquisition procedures.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will determine that the anticipated cost to the Government will be fair and reasonable.

8. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Through a search of the web and the Small Business Dynamic Search Engine, there are two known wastewater engineering contractors in Maui that would be able to do this work in the timeframe required.

One contractor has recently retired. The other contractor is CDF Engineering LLC. CDF Engineering has been registered in the State of Hawaii for over a decade. CDF Engineering is very familiar with the Wahikuli Houselots subdivision and has recently conducted similar inventories and evaluations in this area. Given the high level of fear, frustration, and skepticism of government involvement in this area since the fires, utilizing a local and trusted engineering firm is critical to the success of this project. In this community, there is also skepticism regarding the commitment of local, state, and Federal government regarding wastewater management in general, due to a history spanning back decades of promises regarding wastewater infrastructure that did not materialize, and the partnership of a trusted engineering firm would show a level of renewed commitment that would assist wildfire recovery efforts in general.

Finally, the fact that CDF Engineering LLC is a local company will also reduce the cost for travel and lodging.

9. Any other facts supporting the justification.

None

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

CDF Engineering LLC is currently the only known wastewater engineering contractor on Maui that would be able to provide this service within the tight timeframe needed by the agency. This contractor has the demonstrated knowledge, history, technical expertise, and appropriate personnel and equipment to assist EPA Region 9 to conduct a parcel-by-parcel Class V inventory and evaluation to allow EPA to properly oversee and implement the UIC program in this area and provide the necessary wastewater reports required by HDOH and Maui County for rebuilding.

A notice for this requirement was not posted.

11. A statement of the actions the agency may take to remove or overcome any barriers to competition before any subsequent acquisition of the required supplies or services.

Alternative solutions, including establishing a new contract to cover water emergencies, are being explored. However, this is not a viable approach to the current needs, given that any new contract would take at least 180 days to establish.

12. CERTIFICATION/APPROVAL

Program Office:

I certify that any supporting data that is the responsibility of technical or requirements personnel and which forms a basis for the justification have been certified as complete and accurate to the best of my knowledge and belief.

Katherine Rao, Program Officer

Contracting Officer/Regional Acquisition Manager:

I certify that the justification is accurate and complete to my knowledge and belief.

Mena Medeiros Contracting Officer, Region 9

Rede Shifferaw Regional Acquisition Manager, Region 9