J&A_N4008019P1014.pdf

IN REPLY REFER TO

FEAD Quantico/PRQ22

Aug 1, 2019

JUSTIFICATION AND APPROVAL (J & A) FOR OTHER THAN FULL AND OPEN

COMPETITION

1. Contracting Activity

Naval Facilities Engineering Command (NAVFAC) Washington, Marine Corp Base

(MCB) Quantico, Facilities Engineering and Acquisition Division (FEAD)

2. Description of the Action Being Approved

This justification and approval seeks authorization to award a firm fixed-price sole source contract to John C. Grimberg Company, Inc. (Grimberg), located at 3200 Tower Oaks Boulevard

Suite 300 Rockville, MD 20852 Contract No. N40080-19-C-1014 is for the removal of an underground storage tank (UST) on the construction site of the Middle School (MS)/High School

(HS) Replacement project at MCB Quantico.

3. Description of Supplies/Services

a. The contractor will furnish all labor, management, supervision, tools, materials, and equipment necessary to excavate, remove, manifest, and properly dispose of contaminated soil, related refuse, and one (1) 8000-gallon steel UST offsite. The work will also include testing of soil samples, site backfilling/restoration, and submission of the required UST letter report and other

UST registration documents.

b. Estimated Period of Performance and Funding Source.

Government Estimate Performance Period

UST Removal $289,526.26 19 Aug – 20 Sept 2019

TOTAL $289,526.26 19 Aug– 20 Sept 2019

Fiscal year 2019 Environmental Restoration, (ER, N) monies will fund this acquisition.

DEPARTMENT OF THE NAVY

FACILITIES ENGINEERING & ACQUISITION DIVISION

PO BOX 1855, BLDG 2004 BARNETT AVE

MARINE CORPS BASE

QUANTICO, VIRGINIA 22134-0855

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(2), Unusual and Compelling Urgency, as implemented by Federal Acquisition Regulations (FAR)

6.302-2.

5. Rationale Justifying Use of Cited Statutory Authority.

a. An UST located on the site of the middle school/high school construction project released an unknown quantity of petroleum oil onto the soil surface. The Natural

Resources & Environmental Agency (NREA) reported the condition at the job site as a Pollution Complaint to the State of Virginia Department of Environmental

Quality (DEQ). DEQ subsequently re-opened the Pollution Complaint Case 1994-

026. Virginia state law Code § 62. 1-44.34:18(B) requires the UST Owner

(NAVFAC Washington) to take any such action deemed necessary to contain and clean up the contaminated discharged oil and avoid any fines. While the oil is presently contained with soil berms, it remains on the surface of a large area. This condition presents an eminent threat for further release of oil fumes into the environment due to its exposure to severe weather or significant rainfall. Immediate

Government action is required. Without immediate Government action, construction of the facility cannot proceed because the current release, and any further release, will expose persons working at the construction site to toxic fumes and contaminated oil. Clean up is also imperative to avoid exposing future students and staff to these unhealthy conditions. Additionally, the sites is adjacent to a major storm drain. While the Government took measures to prevent the release of contaminated oil into the water stream, a release still poses a risk. The UST, must be removed to comply with DEQ regulatory requirements. If a release occurs, it will violate the Clean Water Act as an illicit oil discharge into Waters of the USA.

b. Grimberg is currently constructing the new school facility within the area where the

UST is located and is able to immediately mobilize and address the contamination while minimizing impacts to their overall construction schedule. If the Agency is required to compete this effort by competitively soliciting and awarding the requirement to another contractor, it will delay the school construction project approximately six to nine months and possibly result in $5,000 to $20,000 overhead cost per day for a Government caused delay, costs the Agency will not recoup through competition. Further, failure to clean up the contamination and remove the

UST could subject the Government to fines. The Agency considered using other contracting vehicles; however, due to the health and safety hazard and risk to the current school construction project, Grimberg is the only source capable of performing the work in a timely manner to mitigate the identified time, cost and other risk factors because they are already mobilized on the job site. Any other contractor will require at least 180 days investigating and verifying the site, obtaining approval of submittals, mobilizing and beginning the cleanup and removal work.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

The urgency of the requirement precludes performance of market research. A synopsis of this action will not be published. In accordance with FAR 505(a)(2), a synopsis is not required when the contract is made unusual and compelling urgency conditions and the Government would be seriously injured.

The urgent nature of these services also precludes soliciting completion to the maximum extent possible.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer anticipates cost to the Government of the supplies/services covered by this

J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

There are no other known underground storage tanks at this site. For future tank removal and remediation requirements at MCB Quantico, FEAD Quantico will assess the feasibility of using other sources such as existing IDIQ CLEAN contracts or small businesses.