Justification and Approval.pdf

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: Sole Source for Scanlon Reservoir Part II: Final

Design Authority: 10 U.S.C. 2304(c)(l)

Prepared by: Typed Name: Stuart Siegan

Title: Senior Civil Engineer

E-mail: Stuart.R.Siegan@usace.army.mil

Contracting Officer:

Typed Name: MAJ Derek Gibson

Title: Contracting Officer

E-mail: Derek.S.Gibson@usace.army.mil

Signatures are required below.

Date:

Phone: (313) 226-1309

Date Reviewed:

Phone: (313) 226-7488

I have reviewed this justification and find it adequate to support other than full and open competition.

District Counsel Typed Name: Adam Wallace

Signature:

WALLACE A

Digitally signed by

WALLACE.ADAM.P

DAM.PAUL.

Date: 2020.05.21

09:22:56 -04'00'

Phone: (313) 226-6875

Date:

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army Corps of Engineers (USAGE), Detroit District (CELRE), Contracting Division, Detroit, Ml

2. Description of the Action: USAGE Detroit District seeks to use other than full and open competition to negotiate a new contract with Anchor QEA - Baird Joint Venture (Anchor) for architect/engineer services.

The use of a specific A/E firm is requested because the A/E began the work. The A/E firm was previously determined to be the most highly qualified consulting engineering firm to provide the highly specialized service of remediation of contaminated sediments using carbon amendments, and has significant experience in executing both pilot and full-scale projects. This work is considered highly specialized because the use of carbon amendments to remediate submerged sediments, such as those at the Scanlon Reservoir, is an emerging technology/technique. The original work under Task Order W911XK19F0040 also included a review of existing data, collection of additional field data, performed site surveys, modeling, laboratory chemical testing and analysis, developed remedial alternatives, and produced 35% design documents. This work was accomplished under Buffalo District (LRB) contract W912P4-16-D-0001 for Anchor QEA

Baird Joint Venture (Anchor), Task OrderW911XK19F0040.

3. Description of Supplies/Services or Nature of Construction: The US Army Corps of

Engineers (USAGE), Detroit District (LRE), requires architect/engineer (A/E) services for the final design, and development of construction plans and specifications (P&S). The project consists of remediation of contaminated sediments specific to using carbon amendments at the

Scanlon Reservoir on the St. Louis River located near Duluth, MN. The 35% design from the initial phase of the demonstration project will be updated to the final design step. From the final design, Certified P&S will be developed for bidding. Follow on services may include assisting the Government during the solicitation process addressing contractor Requests for Information

(RFls), and providing engineering and design during construction (EDDC).

The driving factor behind the design and remedial action is the presence of polychlorinated dibenzo dioxin and furan (PCDD/F) environmental contaminants in sediments at the Scanlon

Reservoir, and the desire of the U.S. Environmental Protection Agency and State of Minnesota to remediate these sediments to reduce risk to ecological receptors. Due to site constraints that limit the use of standard environmental dredging and capping remedial construction methods, remedial actions being proposed may rely on the use of activated carbon or other amendments to the reservoir sediments to reduce PCDD/F bioavailability and potential for bioaccumulation into fish and wildlife. The goal of initial phase of the project was to expand knowledge on the use and placement of amendment methods for habitat remediation projects that allow development of new management practices for habitat restoration in the Great Lakes.

4. Authority Cited: The statutory authority permitting other than full and open competition for this acquisition is 10 United States Code 2304(c)(1) as implemented by FAR 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements," and FAR 6.303-1 (a) requiring a J&A for sole sourcing the requirement.

5. Reason for Authority Cited:

a. Background.

Anchor was approved as the desired contractor, on 8 November 2018, by the LRE Acquisition Strategy Board for design services for the development of construction plans and specifications for the sediment remediation at the Scanlon Reservoir.

The A&E firm, Anchor QEA-Baird Joint Venture (Anchor), is a nationally recognized consulting engineering firm which specializes in remediation of contaminated sediments and has significant experience in executing both pilot and full-scale projects using carbon amendments. The Anchor contract, W912P4-16-D-0001, Scope of Work specifically calls out hydrodynamic modeling, and collecting baseline data. The Buffalo District (LRB) currently holds the referenced IDIQ contract with Anchor.

Funding at that time only allowed for work up to a 35% design level. Given the positive results of the data gathering and laboratory analysis, funding has been provided for a follow-on contract for the continued provision of highly specialized services by the A/E to complete the plans and specifications to the Ready to Advertise level. There is the potential for a future engineering and design during construction after award of a construction contract.

The goal of the new negotiated A/E Task Order is to complete the design and develop construction plans and specifications for remediation of contaminated sediments specific to using carbon amendments at the Scanlon Reservoir on the St. Louis River located near Duluth, MN.

The Anchor QEA performed the initial work for the requirement. If Phase II of the Pilot Project is awarded to another Contractor, the Government will incur additional costs for this Contractor to review the existing data. Only one responsible source will satisfy agency requirements and award to another firm would lead to duplication of cost, and effort to the Government.

b. Justification.

The justification for soliciting sole source is found at FAR 6.302-1 (a)(2)(iii) and it states that "For DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition;

or (8) Unacceptable delays in fulfilling the agency's requirements."

If the next phase of the work is awarded to another Contractor, the Government will incur additional costs for this Contractor to review the historical reports and documentation, existing laboratory data, Task Order W911XK19F0040 reports and findings, and the 35% Design, in preparation to move forward with the work.

The above mentioned duplicated tasks and costs will not be recoverable during any solicitation process because the process for selecting A/E firms does not allow for consideration of cost.

However, any contractor, other than the previous A/E, will have to account for these costs in its proposal. These costs will not provide any additional value to the government, but will only be to duplicate work that has already been completed. Because Anchor already completed this work under a previous contract, LRE will not be paying Anchor to do it again.

The work is done under a partnership with the United States Environmental Protection Agency (EPA), and Minnesota Pollution Control Agency (MPCA). Initial funding was only provided to investigate possible remedial alternatives, and if a feasible alternative was identified, develop a 35% design. Funding is now available to complete the design and produce Ready to Advertise construction documents.

c. Alternatives.

The alternative would be to follow the LRE Task Order Requirement Notification (TORN) process for notice, selection and award for the Task Order. As was explained above, a task order award to anyone other than Anchor would create duplication of costs to the Government, and the increased costs are not expected to be recovered through competition.

d. Impact.

Sole sourcing this requirement to the A/E that began the work would be in the best interest of the Government. Although costs are not used as a primary selection criteria in A/E awards, additional costs will be accounted for in any contractor's proposal other than the previous A/E.

6. Efforts to Obtain Competition: The initial A/E design was awarded to the most highly qualified firm capable of providing the services at the time. Competition was not limited during the initial procurement, and will not be limited for additional designs not related to the initial plan the government has already procured.

7. Actions to Increase Competition: There are no planned actions to increase competition for the requirement covered by this J&A.

8. Market Research: SBA Dynamic Small Business Searches/Small Business Quick Mark searches; Results for NAICS Code 514330, in the Great Lakes and Ohio River Division states of Indiana, Illinois, Ohio, Michigan, Minnesota, and Wisconsin reveals 2,634 active firms in the active region. This search indicates multiple contractors are able to meet the requirement to perform this type of work.

9. Interested Sources: At this time the District is not aware of any interested sources. In accordance with FAR Subpart 5.203 Publicizing and Response Time the Notice of Intent (NOi) will be publicized to inform industry of the government's intent to sole source this acquisition.

The NOi will be published to at a minimum 15 days prior to the execution of the contract action.

Any bids, proposals, quotations, or capability statements considered prior to the execution of the contract action.

11. Technical Certification

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

SIEGAN.STUART.ROSS.

Digit�lly signed by SIEGAN.ST

U�RT.ROSS.

N St rt S.

Date:..2020.05.21 14.06.02 -04 00 ame: ua 1egan uate: _____________ _

Title: Technical Lead Signature: ______________ _

12. Requirements Certification

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Jason Chrumka (HRUMKA.JASQN.A Digitally signed by

CHRUMKA.JASON.A

Date:..2020.05.21 14.06.02 -04 00

Title: Project Manager Signature:

13. Fair and Reasonable Price Determination

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination was made utilizing market research and independent government estimates.

Certified cost or pricing data is not required.

Name: _____________ Date: GIBSON DEREK SCOTT �:���1

1i.�;i;��,�e,-

T·itle·.

s· t _____________ Igna ure: _ �1e: 2020.os.2_______1 14:4a,10-04•00· _ MAJ Derek Gibson Contracting Officer

Approval Signature Block

Based on the foregoing justification, I hereby approve the architect/engineer (A/E) services for the final design, and development of construction plans and specifications (P&S) in the Scanlon Reservoir Phase II: Final Design & Construction Documents in Scanlon, Minnesota, on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otheiwise been authorized for acquisition.

Date: ___________ _

GIBSON • DERE GIBSON.DE

Digitallysignedby

REKSCOTT.

K.SCOTT.

Date: 2020.05.21 Signature . 14:50:00-04'oo·

MAJ Derek Gibson Contracting Officer