Justification and Approval.pdf

LIMITED SOURCES JUSTIFICATION

For purchases under & over $250K in accordance with

FAR Part 8.405 – Ordering Procedures General Services Administration Federal Supply Schedules (FSS)

1. Identification of the agency and contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

Department of Transportation, Federal Highway Administration (FHWA), Central Federal Lands Highway Division (CFLHD).

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

This is a sole source Firm Fixed Price Task Order to Stantec Consulting Services Inc., General Services Administration (GSA) Professional Services Schedule (PSS) Contract Number 47QRAA19D000Q to provide Materials Lab Spill Cleanup Project (MLSCP) support as the Consultant Responsible for Operation, Monitoring and Maintenance of the Source Area Corrective Measure (SACM) and the FHWA Long-Term Groundwater Monitoring Program;

Federal Highway Administration Building 52 Materials Laboratory Spill Cleanup Project, Compliance Order No. 91-01-24-03a, CO4690090010 Record Manager Code: M&E 3.2.

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

Stantec shall assist FHWA by providing consultant services for Operation, Monitoring and Maintenance of the Source Area Corrective Measure (SACM) and Long-Term Groundwater Monitor Program. The work consists of the following tasks:

Task 1: Annual Treatment System (Building 52A/Pumping Wells) Operations and Maintenance Project Management Treatment System Operations and Maintenance (Field Events) Annual Clarifier Sediment Removal and Hazardous Waste Transport/Disposal Cleaning

Non-Routine Operations and Maintenance (not used without FHWA authorization) Quarterly Reporting (National Pollutant Discharge Elimination System (NPDES)

Task 2: Project SAP/QAPP/Contingency Plan (Base Year only)

Project Management Sampling and Analysis Plan (SAP) for Treatment System Operations and Maintenance and Long-Term Monitoring and Sampling Quality Assurance Project Plan (QAPP) for Treatment System Operations and

Maintenance, Long-Term Monitoring and Sampling, Annual Performance Monitoring Report (PER) and Annual Long-Term Monitoring Report (LTMR)

Contingency Plan (Regulatory requirement for hazardous waste generation) Non-Routine Project Plan

Task 3: 2018, 2019, and 2020 Annual Data Management and Reporting (Performance Monitoring Report [PER] and Long-Term Monitoring Report (LTMR) are required to bring the program up to date. The dates are the State of Colorado reporting requirements which include overdue reporting.

Project Management Data Management

2018 Annual Performance Monitoring Report (PER) 2018 Long-Term Monitoring Report (LTMR) 2019 Annual Performance Monitoring Report (PER) 2019 Long-Term Monitoring Report (LTMR) 2020 Annual Performance Monitoring Report (PER) 2020 Long-Term Monitoring Report (LTMR) Non-Routine Annual Reporting (2018, 2019, and 2020)

Period of Performance Base Year (12-months)

Option Year 1 (12-months) Option Year 2 (12-months)

Overall Total (3-years)

4. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6 (a)(1)(i)A - An urgent and compelling need exists, and following the procedures would result in unacceptable delays.

FAR 8.405-6(a)(1)(i)B - Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

FAR 8.405-6(a)(1)(i)C – In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

FAR 8.405-6(b)(1) – Items particular to one manufacturer (brand name).

Stantec has been the sole maintenance and monitoring consultant for the FHWA SACM for many years. The SACM has been in operation since 2001 and consists of a complex system of pneumatic groundwater extraction pumps and below-grade double walled pneumatic transfer piping that is getting fragile with age. The groundwater treatment system components are also showing their age and will require increased maintenance over the next few years. Stantec has a thorough knowledge of the entire SACM system and the NPDES monitoring and reporting requirements. It would be very difficult for a new consultant to quickly learn the SACM system and ensure that FHWA remains in compliance with both the Compliance Order requirements and the Federal NPDES discharge permit requirements.

The FHWA Long-Term Monitoring Program consists of over 70 monitoring points spread over a mile long, half mile-wide plume. Monitoring occurs on a semi-annual basis and reporting of the data occurs once per year. Upon FHWA's decision to resume control of the project, Stantec consultants stepped up to the challenge of very quickly planning and successfully implementing both the Spring and Summer 2018 monitoring events. This required locating difficult to find monitoring points both on the Federal Center property and within the Jefferson County School property to the east.

Based on these facts, it is determined that Stantec demonstrates unique qualifications and specialized capabilities and expertise that is not available elsewhere on the schedules, at this time.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d).

The contracting officer determined that the anticipated price is fair and reasonable based on comparison of the contractor’s award pricing per the GSA Schedule, Multiple Award Schedule (MAS). Since the anticipated cost is equal to the contractor’s MAS pricing, the Contracting Officer has determined that the anticipated cost represents the best value to the government consistent with FAR 8.404(d).

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was conducted via GSA Advantage. There are eight (8) companies listed on GSA Schedule that provide the Environmental Consulting Services, however, Stantec is the only local company that has the capability to monitor and test the ground water as well as maintain the building and facilities for the pump. This avoids the need to issue and administer two procurements. In addition, Stantec has been performing these services since the beginning of this project. They have developed efficiencies in completing the tasks because they are familiar with the federal and state requirements, the partner agencies, the facilities and equipment. The efficiency in collecting and reporting the data saves the government time, effort and money.

7. Any other facts supporting the justification.

None

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for supplies and services is made.

At this time, barriers to competition and ways to remove or overcome them are being considered.

FWHA will continue to monitor the market to determine the existence of other sources for support and solutions.

9. The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify this justification is accurate and complete to the best of my knowledge and belief.