redacted V220T.07 - Justification And Approval For Other Than Full And Open Competition - LSP contract.pdf

Procurement Request (PR) No. V2402063

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE ASSISTANT SECRETARY OF RESEARCH AND TECHNOLOGY

VOLPE NATIONAL TRANSPORTATION SYSTEMS CENTER (VOLPE CENTER)

ENVIRONMENTAL SCIENCE AND ENGINEERING DIVISION, V-326

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

PART I - TECHNICAL SUPPORTING DATA

Recommend that negotiations be conducted with FS Engineers on a noncompetitive basis to increase the value of the current contract, Contract No. 6913G618D300009, by $. The contract award value is $; this action would increase the contract value to $. The supporting data for this recommendation are as follows:

A. Description of Supplies/Services – The current contract 6913G618D300009 provides Licensed Site

Professional (LSP) services for the Volpe Center. The contract period of performance is through August 31, 2022. These services are required in order to guide and support ongoing environmental activities during the planning and redevelopment of the Volpe Center Property. The contractor provides LSP and environmental engineering services to the Volpe Center to ensure environmental compliance with respect to the construction of the new Volpe Center facility; while also ensuring the protection of the Volpe Center’s financial and regulatory interests with respect to the Exchange Parcel. The Volpe Center is undergoing redevelopment through an exchange agreement with the Massachusetts Institute of Technology (MIT). The government will retain approximately 4 acres of the 14-acre property for the new building and grounds, and the remaining 10 acre (the Exchange Parcel) will become MIT property. The Volpe Center property is being redeveloped by

MIT in partnership with the General Services Administration (GSA) and the US Department of

Transportation/Volpe Center.

Since the award of Contract No. 6913G618D300009, in July 2017, six Task Orders (TOs) have been issued.

Four of the TOs are currently active as detailed in the chart below.

Task

Order No.

Start

Date

End

Date

Funded

Amount

Contract

Value

Remaining

Contract Ceiling

1 6913G619F400016 11/28/2018 10/31/2019

2 6913G619F400034 4/5/2019 12/11/2020

3 6913G619F400115 5/10/2019 4/30/2020

4 6913G619F400122 9/24/2018 1/31/2021

5 6913G620F400019 3/16/2020 7/31/2020

6 6913G620F400077 5/1/2020 1/31/2021

7 Pending TBD TBD

4M1 6913G619F400122 - Mod TBD TBD

Total amount of ceiling increase required

During the spring of 2020, several contract actions were required due to expiring TOs and other contract needs.

TO-6913G619F400115 provided labor hours to respond to quick turnaround items, such as documents for the building construction, and field engineering work in response to new issues discovered during soil removal.

This TO had a period of performance through April 30, 2020. Rather than modify this TO to extend the period of performance, a new follow-on TO was awarded. A seventh TO for additional labor hour support for the same type of activities, is on hold pending an increase in the contract ceiling. The seventh TO is for labor hours for Mid-Level Professional, Project Manager, and Risk Assessor staff support. This TO provides support to ensure the Government is responsive to unanticipated requirements for LSP and environmental engineering expertise, as further described below. The value of the TO is $ and the period of performance is from the date of TO award through October 30, 2021.

Additionally, TO-6913G619F400122 has a pending modification to add funding to complete additional required work under the TO. The value of the TO modification is $. This TO modification provides requirements for the contractor to complete a round of groundwater sampling on existing wells on the Volpe

Center property, in support of the submittal of a Phase II report to the Massachusetts Department of

Environmental Protection (MassDEP). The modification will also support efforts related to the discovery of high levels of cyanide and the associated response and coordination with MIT to ensure that the soil is properly handled, and that the Exchange Agreement provisions between GSA, DOT and MIT for the discovery of new contamination are followed.

On March 16, 2020, TO-6913G620F400019 was awarded to FS Engineers for $, the period of performance for this TO runs through July 31, 2020. This TO provided requirements to complete a round of Indoor Air Quality

(IAQ) samples in Bldg. 4 of the Volpe Center, in support of the closure of the MassDEP Release Tracking

Number (RTN) 3-33603. This effort, along with other work completed under TO- 6913G619F400122, resulted in the successful closure of this RTN by MassDEP in May 2020.

On May 1, 2020, TO-6913G620F400077 was awarded to FS Engineers for $, the period of performance for this TO runs through January 31, 2021. This TO provides for monthly project support services. Previously

TO- 6913G619F400034 included PM support through April 30, 2020. Instead of extending the period of performance and adding additional funding to TO- 6913G619F400034 is a new TO for PM support was awarded , and this TO needed to be in place quickly to ensure PM continuity.

The pending new TO and TO modification to 6913G619F400122, along with the award of TOs-

6913G620F400019 and -6913G620F400077 is driving the need for the contract ceiling increase. A new contract action cannot be processed in time to meet the government’s LSP and environmental engineering support requirements.

Prior to the award of TO-6913G620F400019 in March 2020, $ remained in value on the contract, the award of this TO, followed by the award of TO-6913G620F400077 in May, depleted the contract ceiling and left no room to award the new seventh TO and the modification for TO-6913G619F400122. A total of $ in contract value is required to award TO-6913G620F400019 and TO-6913G620F400077, and award the new TO actions

(seventh TO and TO modification to 6913G619F400122).

B. Market Research – The level of effort and work required under this contract has been higher than anticipated. In early 2019 many documents, prepared by MIT contractors, needed to be reviewed prior to the start of construction. We were not provided a document list or schedule by MIT and their contractors. The documents arrived for review and required a quick technical review and feedback from FS Engineers. This increased effort accelerated with the start of construction of the new Volpe Center facility in June 2019, the discovery of five Underground Storage Tanks (USTs) during the timeframe from July 2019 – March 2020, and lead and cyanide contamination discovered during the excavation for the new Volpe building. It required unexpected quick responses to ensure MIT and their contractors performed the work in accordance with applicable regulations and provided the government with documentation for our legal protection. This work required a quick turn around and rapid response to comply with environmental requirements and avoid construction delays. It is in the government’s best interest to continue working with FS Engineers, under the existing contract, to meet the immediate needs of our on-going construction project to redevelop the Volpe property; therefore, no market research was performed to support this contract value ceiling increase. Given the ongoing and immediate requirements to ensure compliance with MassDEP regulations, including the

Massachusetts Contingency Plan , a sole-source, non-competitive follow-on contract will be pursued with FS

Engineers to ensure continuity of services until the new Volpe building is complete, occupied and the remaining property transferred to MIT.

C. Circumstances Requiring the Use of Other Than Full and Open (F&O) Competition.

1. Only One Responsible Source and No Other Supplies or Services will Satisfy Agency

Requirements -

FS Engineers was awarded the above-referenced contract for LSP services in July 2018. Prior to the award of this contract, FS Engineers provided LSP services to the Volpe Center to meet MassDEP and MCP requirements for investigation and clean-up of contamination associated with historical site uses, including the adjacent former Manufactured Gas Plant (MGP) site (now the 303 Third St. Apartments).

Additionally, under Purchase Order DTRT5717P80101, FS Engineers responded to a new condition discovered during sampling conducted for the redevelopment of the Volpe Center facility. This discovery of light non-aqueous phase liquid (LNAPL) in site soil and groundwater was a problem due to the pending start of construction in 2019, FS Engineers was able to quickly respond to this issue and achieve regulatory closure with the MassDEP. Their process was efficiently and allowed construction to begin in June 2019.

Under Purchase Orders DTRT5716P80049 and DTRT5717C10096, FS Engineers provided technical guidance and support for the vapor intrusion condition in Building 4 of the Volpe Center. FS Engineers had to notify the MassDEP of the condition and then performed a series of mitigation efforts to address the concern. This issue was recently closed with the MassDEP in May 2020.

Volpe Contract/

Order Number

Description Total

Contract

/Order

Value

Current

CO

COR/Tech.

POC

POP End

Date

DTRT5717P80101 LSP Services for MA

DEP State 72-hour

Notification Action and

Response Plan

Christine

Guy

David

Duncan

6/29/2018

DTRT5717C10096 Massachusetts LSP services to assist with a vapor intrusion condition and report

Rachelle

Faiteau

Karen Petho 12/19/2017

DTRT5716P80049 LSP Services for the

Volpe Site Property

Darcy

Hubbard

Michelle

Heimgartner

7/31/2017

FS Engineers has extensive knowledge of historic site contamination on the entire 14-acre Volpe property.

This has been critical information for our current work. Cyanide was discovered during the excavation for the new Volpe building and FS Engineers knew that cyanide had been detected during their sampling of the field in front of the Volpe playground, and that this was a contaminant associated with MGP sites.

They were able to expertly advise the government on how to handle MIT’s claim that the cyanide should be treated as an unknown, new condition. FS Engineers advised the government that when working on or near a former MGP you would expect to find cyanide. As MIT continues to excavate for the new Volpe building LSP services will be needed.

Additionally, the Volpe Center property has two active Release Tracking Numbers (RTNs) on file with the MassDEP that will require on-going LSP services, please see below.

RTN:3-33604 Vapor Intrusion in Bldg. 4 Closed with an Activity and Use Limitation

(AUL) in May 2020

RTN:3-33952 Facility-Wide MGP

Related Impacts

On-going, requirements through 2022. RTN will likely be closed with an AUL. RTN must be closed before the 10 acre Exchange Parcel can be transferred to MIT.

RTN:3-33954 PCB impacts On-going, Plans to close with tasking under

TO 6913G619F400122

RTN:3-34321 LNAPL contamination Closed, July 2019

FS Engineers’ current work, under Contract No. 6913G618D300009, ensures that the Volpe Center meets all regulatory requirements associated with the two active RTNs (RTN:3-33952 and RTN:3-33954) on file with the MassDEP. Massachusetts has a privatized environmental clean-up program and the LSP manages the process and submits all required documentation to the MassDEP. LSP and environmental engineering services are required to support the Volpe Center during redevelopment of the Volpe property and transfer of excess property (Exchange Parcel) to MIT. Due to their long history of work on the Volpe Center property, FS Engineers staff have in-depth knowledge of the site history and previous sampling efforts that have taken place which is critical to the success of the construction of the new Volpe building, and subsequent transfer of property with historical contamination to MIT.

FS Engineers staff have served in leadership roles on the Massachusetts LSP licensing board and have many years of experience as an LSP applying the MCP to a wide variety of contaminated sites. Their field engineers have a wide array of long-term experience overseeing complex investigation of sites with extensive environmental contamination. FS Engineers in depth knowledge of the MA state process, as well as environmental engineering has resulted in monetary savings for the government, estimated at $ and the avoidance of time delays in the construction of the new Volpe Center facility.

Therefore, it is recommended that negotiations be conducted with FS Engineers on a noncompetitive basis to increase the value of the current contract, Contract No. 6913G618D300009, by $, increasing the total contract value from $ to $.

D. Steps to Foster Competition (or Consideration) – The government has an on-going need for LSP and environmental engineering services, the ceiling increase for this contract is in the best interest of the government and therefore there are no steps being taken to foster competition.

E. TECHNICAL OFFICE CERTIFICATION:1

The requirement set forth is initiated to satisfy a recognized Government need. As applicable, the plans, drawings, specifications, and statement of work are limited to state the minimum needs of the

Government. I certify that the above information, which serves as the basis for the justification for other than full and open competition, is accurate and complete to the best of my knowledge and belief.

Concurred By:

1 Certification statement is to be worded exactly as stated in the template.

PART II – CONTRACTS SUPPORTING DATA

A. Description of the Procurement Action – This action is to increase the ceiling to existing contract

6913G618D30009. The current contract and subsequent contract action are being done on a Firm Fixed

Price (FFP) basis.

In accordance with FAR 6.302-2, only one responsible source has been determined to perform the work as detailed in this justification.

B. Authority2 – 41 U.S.C. 253(c)(1), as implemented by FAR 6.302-1: only one responsible source.

C. Efforts to Obtain Competition3 - It is in the Government’s best interest to execute this action on a non-competitive basis in order to complete the current work with minimal disruption. New contracts in the future will be done on a competitive basis to the maximum extent practicable.

This action will be synopsized as required by FAR 5.2

D. Fair and Reasonable Cost4 – The signature of the Contracting Officer below represents a determination that the anticipated dollar value of this action will be determined fair and reasonable. This determination will be made using a variety of methods, including historical and current pricing, the government’s independent cost estimate, and the technical representative’s expertise and understanding of the industry and work being performed.

E. The Contracting Officer’s certification constitutes the approval of the justification per FAR 6.304(a)(1).

F. CONTRACTING OFFICER CERTIFICATION5:

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

PART III - REVIEW AND APPROVAL SIGNATURES6

REVIEWED FOR LEGAL

SUFFICIENCY:

2 For limited source FAR 8.4 FSS orders, cite the following authority: The acquisition is conducted under the authority of the Multiple Award

Schedule Program (see FAR 8.401), as implemented by - either FAR 8.405-6(a)(1) for limited source, or FAR 8.405-6(b) for brand name . For

FAR Part 16.5 orders, identify the exception to fair opportunity (see 16.505(b) (2)), as implemented by FAR 16.505(b) (2) (i), and the supporting rationale. For sole source FAR 13.5 purchases, cite the authority of the test program for commercial items (section 4202 of the

Clinger-Cohen Act of 1996) or the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a), as implemented by FAR 13.501.

3 This element does not need to be addressed for contract actions processed under FAR 8.4, and 16.5; either annotate as “N/A” or eliminate and re-designate elements D and E to read as C and D.

4 For FAR 8.4 limited source FSS orders, revise this section to read as “Best Value” and include a determination by the CO that the order represents best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the

Government’s needs.

5 Certification statement is to be worded exactly as stated in the template.

6 Format for Review/Approval signature is based on dollar value of the procurement including the value of all options. Revise FAR citations as applicable to FAR Part 8.4, 13.5 or 16.5 as needed.

https://acquisition.gov/far/current/html/Subpart%2016_5.html#wp1095799 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20