JandA ML-25-22 25R2543 Clearwell JA Hach Chlorine Analyzer Brand Name_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-25-22

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Facilities Engineering Systems Command, Mid-Atlantic

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves the use of a single water analysis equipment manufacturer, Hach, to provide Chlorine Analyzer units to measure residual chlorine levels in Solicitation N4008525R2543, Design Bid Build, WTP Clearwells Repairs/Replacement at Naval Station Great Lakes, Great Lakes, Illinois. The existing Water Treatment Plant (WTP) Chlorine Analyzers will remain in use, but additional analyzer units are required for the WTP modifications included in the scope of this project.

3. Description of Supplies/Services.

The intent of solicitation N4008525R2543 Design Bid Build, WTP Clearwells Repairs/Replacement at Naval Station Great Lakes, Great Lakes, Illinois is to repair/replace the clearwell tanks at the Water Treatment Plant. The water plant supplies potable water to the Naval Station and all supported commands (including Recruit Training Command, Naval Service Training Command and US Military Entrance Processing Command) supporting the mission to provide top quality ready sailors to the Fleet. This project will resolve significant deficiencies identified in a US EPA Notice of Violation issued to the water system for the aging/deteriorating clearwell tanks. All five clearwell tanks within the existing water plant will be abandoned in place, and their function replaced by two new clearwell tanks and a new transfer pumping station. The new configuration for the tanks, piping and pumping station requires the relocation of chlorine injection points and additional chlorine analyzers to be installed.

This acquisition will solicit proposals as Unrestricted Full and Open on a Stand Alone Construction Project as authorized by the approved DD2579 on 14 February 2025. The estimated value of the work included in the construction solicitation is of which is estimated for the additional Chlorine Analyzers.

The project will be funded by FY25 CNIC O&M,N funds. The work under this contract is required to be completed within 1095 days after award. The products listed are necessary for the safe operation and permitted compliance of the NSGL WTP.

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. 3204(a)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Rationale Justifying Use of Cited Statutory Authority.

Naval Station Great Lakes (NSGL) Water Treatment Plant (WTP) supports the mission of tenant commands by supplying potable water for drinking, cooking, bathing, fire protection and training operations (fire fighter trainers, etc.). NSGL tenant mission objectives all rely on a safe and reliable supply of water. This project is required to increase the resilience and reliability of the WTP and to comply with the Administrator Order on Consent (AOC) entered into between the United States Environmental Protection Agency Region 5 and the United States Navy for the purpose of bringing the NSGL Public Water System into compliance with the requirements of the Federal Safe Drinking Water Act.

The AOC requires the existing clearwell tanks be replaced with new clearwell tanks. The new tank locations and reconfiguration of supporting pumping and piping impacts the location of the chlorine injection points. Chlorine is injected for disinfection purposes at the WTP, and chlorine residual levels must be analyzed, monitored, logged and reported to meet the log inactivation requirements set by the permitting authority – the Illinois Environmental Protection Agency (IEPA).The project scope will increase the number of active Chlorine Residual Analyzers for the permitted system. The Hach CL17 Chlorine Residual Analyzer is the model approved for use by the IEPA for the Naval Station Great Lakes

WTP.

If this Project does not include the required Hach CL17 Chlorine Residual Analyzer, then NSGL WTP will not be able to operate the plant in conformance with the IEPA permit requirements, and the impact will be the loss of the safe supply of drinking water for supported commands providing ready sailors for the Fleet. Operational permits require the same manufacturer to be used and only one model is currently approved by the IEPA that can be integrated with the current hardware at Naval Stations Great Lakes.

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

A sources sought notice was published on Sam.gov on 03 February 2025 detailing the requirements of the Hach CL17 Chlorine Residual Analyzer to meet the ATO requirements. The notice sought commercially available products that could meet the same requirements. The response date was 19 February 2025, and no responses were received.

A solicitation notice will be publicized on SAM.gov, in accordance with the requirements of FAR Part 5.

The approved J&A will also be made publicly available as required by FAR 6.305.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine that the price for this acquisition is fair and reasonable in accordance with FAR Part 15 prior to contract award. Analysis will be performed by one or more of the following techniques: (1) Comparison of proposed prices received in response to the RFP; (2) Comparison of proposed prices with the Independent Government Cost Estimate (IGCE); (3) Comparison of proposed prices with available historical information; and/or (4) Comparison of market survey results. The fair and reasonable determination will be made based on the total price of the project. This proprietary item is not an individual line-item price in the solicitation.

8. Actions to Remove Barriers to Future Competition

For the reasons set forth in Paragraph 5, NAVFAC Mid-Atlantic has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAVFAC Mid- Atlantic will assess whether competition for future requirements is feasible.

NAVFAC Mid-Atlantic