N40085-19-D-9080_N4008519R9080.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND MID-ATLANTIC

9742 MARYLAND AVENUE

NORFOLK, VA 23511-3095

J&A No. ML-15-20

December 18, 2018

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Naval Facilities Engineering Command, Mid-Atlantic, Norfolk, Virginia

2. Description of the Action Being Approved: Award of sole-source contract to McLane

Environmental LLC for expert forensic hydrogeological consulting services in connection with various claims, both by and against the Department of the Navy (DON), concerning groundwater contamination at and in the vicinity of the former Naval Weapons Industrial Reserve Plant

(“NWIRP”), Bethpage, New York. The required services include support of mediation of claims between the DON and Northrop Grumman Corporation (NG), as well as defense of claims against the DON by regulatory agencies, local water districts, and other parties under CERCLA, State laws, or federal government contracts.

3. Description of Supplies/Services: The contractor will review technical data and reports related to the NWIRP, neighboring NG facilities and other nearby facilities that may have contributed to the regional groundwater contamination. This includes review of operational history; known or suspected historical and current sources of contamination; and response activities to date, including past and future estimated response action costs. The contractor will analyze this information and use pertinent data to perform groundwater modeling and other hydrogeological tweaks in order to determine which source areas may have contributed to which groundwater impact areas. The contractor’s responsibilities will include meetings, conference calls and coordination with Government counsel and technical personnel, and coordination with other Government experts. If requested by counsel, as work on the case proceeds, the contractor may assist in mediation arising from the matter.

The proposed contract will include a base year and four option years. Dr. McLane charges $220 per hour for his services and the other staff members of his firm charge lower per hour rates for their work, ranging from $32 per hour for clerical assistance to $145 for the work of other scientific experts on his staff, who are supporting his work. The estimated cost of this procurement is $900,000.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C.

2304(c)(3)(C); FAR 6.302-3(a)(2)(iii) and (b)(3)(i), Procurement of consulting services of an expert for use in alternative dispute resolution (mediation and settlement negotiations) and/or in preparation for reasonably foreseeable contract and/or environmental litigation and other disputes involving the DON and DOJ.

5. Rationale Justifying Use of Cited Statutory Authority: McLane Environmental provides highly specialized expert hydrogeological services, using a variety of forensic scientific techniques, as applied to modern-day groundwater data, to trace the original source and timing of the contamination, and in allocation of percentage contributions among the parties to the dispute.

These services are in direct support of ongoing alternative dispute resolution (mediation and settlement discussions), evaluation of reasonably foreseeable claims by parties impacted by contaminated groundwater, as well as in the preparation for reasonably foreseeable litigation in federal court or before the Armed Services Board of Contract Appeals.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. None.

The contractor’s services are highly specialized and other than full and open competition is expressly authorized for the hiring of litigation-type experts as discussed above.

7. Determination of Fair and Reasonable Cost. The contractor has charged the same prices to support similar services to DOJ in this and other environmental litigation. The Contracting

Officer will evaluate pricing with comparable rates from various consulting firms.

8. Actions to Remove Barriers to Future Competition. Market research was not conducted due to the fact that a sole-source acquisition is expressly authorized by statute and the FAR for this expert litigation consultant. For the reasons set forth in Paragraph 5, NAVFAC Mid-Atlantic has no plans at this time to compete future contracts for the specific services covered by this document.