JOFOC Exception to Fair Opportunity Generator Plant Remediation Customer Signed._Redacted.pdf

Request for Exception to Fair Opportunity Memo Format

Effective Date: 03/15/2023 Page 1 of 4 Revision: 02 Acquisition ID#: 36C248-25-AP-2420

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C248-25-AP-2420

1. Contracting Activity: Department of Veterans Affairs, VISN 08, James A Haley Veterans’

Medical Center, 13000 Bruce B. Downs Blvd. Tampa, FL 33612. Safety Office for Environmental Compliance for Environmental Release. Purchase Order (2237)# 673-25-2-6089-0080

2. Description of Action: This action is being taken in response to a letter from the Florida Environmental Protection Commission (EPC) dated September 24, 2024. The letter notes that efforts to mitigate the diesel spill using passive recovery have been ongoing for nine years. The latest estimate indicates that it will take an additional 78 quarters, or 19.5 years, to fully capture the spilled diesel from the groundwater. The EPC has requested that the government explore and implement a faster solution than the projected total of 24.5 years for successfully addressing the groundwater contamination caused by the spill in 2015 and for closing the monitoring wells. Specifically, the EPC and the State of Florida are seeking a response that includes recommendations and methodologies to effectively close this spill event. This new contract will encompass all communication, planning, methodologies, and actions needed to utilize aggressive mitigation measures to successfully abate the groundwater contamination. It will also involve obtaining permission from the relevant regulatory bodies to fill and close the wells, as well as creating all final closure documents within 3 to 4 years instead of the projected

19.5 years.

This will be a new Firm Fixed Price contract to remediate the generator plant after a diesel fuel spill, ensuring compliance with environmental regulations and the requirements set by the Environmental Protection Commission of Hillsborough County.

3. Description of Services: Site remediation must be conducted by a licensed Professional Engineer who will certify a Remedial Action Plan (RAP) in accordance with the requirements of Rule 62-780.700 F.A.C. The remediation must meet the "No Further Action" criteria outlined in Rule 62-780.680 F.A.C., and the contractor must obtain a Site Rehabilitation Completion Order (SRCO). If requested by the EPCHC during initial communication, the contractor will also need to perform a Pilot Test Plan (PTP) in accordance with the requirements of Rule 62-780.700 F.A.C. prior to any RAP activities.

Effective Date: 03/15/2023 Page 2 of 4 Revision: 02 Acquisition ID#: 36C248-25-AP-2420

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

( X ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( ) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( X) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”.

The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C.

8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above: The contract specialist analyzed historical pricing data from existing and previously awarded contracts for similar services. On March 1, 2022, ACT SAFE, L.L.C., operating as ACTE2S, LLC, delivered urgent remediation services for a diesel fuel spill. The total cost for this service amounted to $1,758,445.20, which is associated with contract ID #36C24822D0047. This contract includes a base year and four option years, with each year having an award amount of $351,689.04 for NCO 8 Bay Pines.

ACT SAFE, L.L.C., DBA ACTE2S, LLC, which holds an GSA Contract (47QSMD20R0001), is positioned to fulfill the urgent procurement requirement. Under Contract 47QSMD20R0001, GSA has determined that the prices for firm-fixed price services under this contract are fair and reasonable.

6. Efforts to Obtain Competition: Under FAR 5.202 and 6.302-2. In response to an unusual and compelling urgency precludes competition to the maximum extent practicable, we conducted limited market research focusing primarily on VetCert, SBA DSBS, GSA, ADDS UP, and FPDS. The findings indicated that ACT SAFE, L.L.C., doing business as ACTE2S, LLC, service-disabled veteran-owned small business (SDVOSB) is capable of meeting this urgent procurement requirement. However, the "rule of two" cannot be applied to address this emergency need, even though there are service-disabled veteran-owned small business (SDVOSB) contractors in the same category who could perform the work. The time constraints associated with this contract prevent the agency from pursuing a competitive procurement process.

Effective Date: 03/15/2023 Page 3 of 4 Revision: 02 Acquisition ID#: 36C248-25-AP-2420

7. Actions to Increase Competition: The Veterans Health Administration (VHA) is dedicated to upholding the principles of competitive procurement regulations. Our policy is to pursue full and open competition to the greatest extent possible while still meeting our necessary requirements. However, in cases of unusual and compelling urgency, we may limit competition to the maximum extent practicable.

8. Market Research: In response to an urgent and pressing need, we conducted limited market research focusing primarily on VetCert, SBA DSBS, GSA, ADDS UP, and FPDS, in accordance with FAR Part 10, VAAR Part 810, and VHAPG Part 810.001. The vendor ACT SAFE, L.L.C., doing business as ACTE2S, LLC, which is a service-disabled veteran-owned small business (SDVOSB), meets the eligibility criteria outlined in VAAR 819.7003 (DEVIATION). They are certified in VetCert, and the action falls below the $5 million threshold.

ACT SAFE, L.L.C. DBA... ACTE2S, LLC

EPA, OSHA, and A&E Service Providers 8(a) exp Dec 2029 – SDVOSB Native American Owned & WOSB GSA Schedule: 47QRAA22D000Y

SAM UEI: SMZHZ31DN6T3 CAGE: 7CVG3

https://ACTE2S.com/

9. Other Facts: We must comply with all relevant regulations from the VA, as well as local (Hillsborough County Environmental Protection Commission (HCEPC)), state (Florida Administrative Code (F.A.C.) and Table A of Chapter 62-780, F.A.C.), and federal guidelines. The findings indicated that ACT SAFE, L.L.C., doing business as ACTE2S, LLC, service-disabled veteran-owned small business (SDVOSB) is capable of meeting this urgent procurement requirement. The time constraints associated with this contract prevent the agency from pursuing a competitive procurement process.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

11. Determination that Anticipated Cost is Fair and Reasonable: The contract specialist analyzed historical pricing data from existing and previously awarded contracts for similar services. On March 1, 2022, ACT SAFE, L.L.C., operating as ACTE2S, LLC, delivered urgent remediation services for a diesel fuel spill. The total cost for this service amounted to $1,758,445.20, which is associated with contract ID #36C24822D0047. This contract includes a