JA.pdf

ERDC 14-268

FOR OFFICIAL USE ONLY

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: The United States Army Corps of Engineers (USACE) Engineer Research and Development Center (ERDC) Contracting Office located at 3909 Halls Ferry Road, Vicksburg, MS 39180-6199.

2. Description of Action: Execute a new sole-source, firm fixed price contract with Sediment Solutions for Q-TEA Supporting Resilient Contaminated Sediment Site Restoration Activated Carbon Amendment and Equilibrium Passive Sampling in the estimated amount of $465,000.00.

Research, Development, Test & Evaluation, Defense (RDT&E), 97 0400 funds have been provided by the Strategic Environmental Research and Development Program (SERDP).

3. Description of Services: The Environmental Laboratory has a need for equilibrium passive samplers to monitor various activated carbon amendment approaches. In addition to providing the samplers, the contractor shall be required to have the in-depth knowledge of the use of passive samplers for monitoring reduction in bioavailablity of polychlorinated biphenyls (PCBs) to benthic organisms and fish. Guidance for selection, calibration and implementation of passive samplers for monitoring activated carbon amendment performance will also be necessary for the work. Guidance for selection of activated carbon amendment will also be necessary for the work.

To effectively accommodate the research requirements, equilibrium passive samplers and guidance on their use and interpretation, must be secured in a timely fashion. This effort is estimated to take approximately 40 months and $465,000.00.

4. Authority Cited: 6.302-1(a)(2) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

5. Reason for Authority Cited: The proposed procurement meets the criteria for exclusion from full and open competition under the authority cited above based on the following:

a) Background: Experiments to determine the effectiveness of different in situ remedies for PCB contaminated sediments in reducing contaminant exposure to benthic invertebrates and fish will be run in mesocosms at the U.S. Army Engineer Research and Development Center (ERDC) in Vicksburg, MS. Both equilibrium and non-equilibrium passive sampling methods will be applied in the systems to determine vertical and horizontal distributions of PCBs within the mesocosms, quantify PCB levels associated with influxes of suspended material, and assess how remedial treatments affect organism exposures. To achieve these goals, equilibrium passive sampling methods must: (1) be applicable to both water and porewater, (2) be effective following short deployment times, and (3) provide thermodynamically relevant data.

b) Justification: Sediment Solutions, LLC, is a small business registered in the state of Maryland and provides in-situ remediation solutions for contaminated sediments and consulting services in environmental engineering. Sediment Solutions is led by Dr. Upal Ghosh, who is recognized as the expert in activated carbon treatment for remediation of contaminated sediment by the US Environmental Protection Agency (US EPA).

Moreover, Dr. Ghosh has published a body of work in the peer-reviewed literature that singles him out as the foremost expert in this area. He headed a technical workshop on the practical guidance on the use of passive samplers and is primary author on the peer-reviewed publication on the subject. Dr, Ghosh is the only one who can specifically provide the guidance on this project. Sediment Solutions also manufactures and provides SediMite™, a low-impact system for delivering treatment materials to sediment for in-situ remediation, that will be used as part of the project. It is an agglomerate comprised of a treatment agent (typically activated carbon), a weighting agent (to enable it to sink and resist resuspension), and an inert binder. Activated carbon delivered through SediMite™ can be used to treat sediments contaminated with PCBs, mercury, methylmercury, dioxins, furans, polyaromatic hydrocarbons, dichlorodiphenyltrichloroethane and otherhydrophobic chemicals. More information about Sediment Solutions is available here: www.sedimite.com. In this project, Sediment Solutions will provide equilibrium samplers, guidance on their use, and inputs on study design and interpretation.

c) Impact: Approximately 1.2 billion cubic yards of sediment in the United States is contaminated with pollutants that pose potential risks to fish and to humans and wildlife that eat fish (U.S. EPA, 1998). Remediating contaminated sediment sites has proven to be a complicated and expensive enterprise (Bridges et al., 2012). The total estimated restoration costs for DoD contaminated sediment sites is nearly $2 billion.

The challenges facing the Department of Defense (DoD) at contaminated sediment sites are similar to those facing other public and private organizations that are working to develop long- term solutions for these sites. Chief among these challenges is the need to design and implement cost-effective remedies that will provide risk reduction over the long-term. Using equilibrium passive samplers, exposure processes relevant to in situ remedy performance will be assessed using experimental mesocosms at the ERDC. Using passive sampling, tissue analysis, and modeling, Quantitative Thermodynamic Exposure Assessment (Q-TEA) will be developed to guide and monitor site restoration through in situ remediation. The inability to award this requirement to Sediment Solutions will result in the Environmental Laboratory not being able to procure critical technical knowledge for Q-TEA and contaminant remediation. It is critical that technologies be developed and transitioned ASAP in order to reduce this burden on the Department’s budget and programs. Failure to meet project milestones will have unacceptable consequences for DoD.

d) Alternatives: Possible alternatives include: (1) use of internal personnel/expertise, and (2) suspension of project. The ERDC does not have the internal expertise knowledge of passive sampling techniques as they are needed in practice. All other investigators would require significant training on these techniques and how they fit into the existing regulatory framework at a tremendous cost in time and money to the government. The option to suspend this project is unacceptable due to the fact that substantial investments have been previously devoted to this research project. It is a project that has been accepted for funding by the SERDP. There no other vendors who have the expertise in the application of the equilibrium passive samplers for monitoring activated carbon amendment and subsequent reduction in bioavailablity of PCBs to benthic organisms and fish. Therefore, contracting with Sediment Solutions for the services, which are not available at ERDC, is critical to the success of this project.

6. Efforts to Obtain Competition: Based on information in paragraph 5, above, and the required level of expertise for activated carbon amendment and equilibrium passive sampling for monitoring reduction in bioavailablity of PCBs to benthic organisms and fish being available only at Sediment Solutions, competition for this action is not feasible.

7. Actions to Increase Competition: Due to the swift advancements applicable to research and development, ERDC must remain watchful for new and innovative technology, products, services, and capabilities that become available which could be used to satisfy or improve similar future requirements. The Government will continue to review the current literature, monitor university laboratory websites and review vendor abilities to meet this requirement in the future.

8. Market Research: Reference paragraph 7 above. Market research was performed principally through the use of literature searches of peer reviewed journal articles and contact with professional environmental toxicology and chemistry societies, including other Federal agencies such as US Environmental Protection Agency (USEPA). Based on this research, Sediment Solutions has been identified as the only known organization that can meet all of the requirements which include knowledge of activated carbon amendments, and the use of passive samplers and the associated guidance on the interpretation of their analytical results, and the preparation of Standard Operating Procedures (SOPs) for preparation, deployment, extraction of passive samplers, as well as application to the field scale (eg. SediMite™). Internet searches of the current literature resulted in articles on passive samplers; however, the articles were not related to their use in the experimentation conducted at the ERDC. Moreover, researchers from the USEPA recognize Sediment Solutions as the expert company in activated carbon amendment to sediment.

9. Interested Sources: A notice of intent to award a sole source contract was posted at the Government point of entry, FedBizOpps on 17 July 2014. No capabilities or qualifications were submitted by interested organizations.

10. Other Facts:

a) Procurement History: This is the first procurement with Sediment Solutions.

b) Acquisition data availability: A performance work statement and quality assurance surveillance plan have been developed and will be used for this contract.

c) Unusual and compelling urgency: N/A

d) Subcontracting Competition: Sediment Solutions is a small business under NAICS code 541712 – Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology), with a size standard of 500 employees. In accordance with FAR 19.702(b) (1), a subcontracting plan is not required from small business concerns.

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:

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:

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. Cost analysis will be performed to determine that costs are fair and reasonable. Certified cost or pricing data will not be required since this action is beneath the $700,000 threshold.

14. Procuring Contracting Officer Certification:

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

Todd Bridges Signature:

Lead Principle Investigator Date:

Roy Wade Signature:

Contracting Officer’s Representative Date:

Andy Martin Signature:

EPE Chief Date:

Darrel L. Johnson Signature:

Contracting Officer Date:

Darrel L. Johnson Signature:

Contracting Officer Date:

7/30/14

Warren Lorentz EPE Division Chief

31JULY14

31JULY14

BRIDGES.TODD.S

.1231862010

Digitally signed by BRIDGES.TODD.S.1231862010 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BRIDGES.TODD.S.1231862010 Date: 2014.07.29 08:40:13 -05'00'

WADE.ROY.1230783906 Digitally signed by WADE.ROY.1230783906 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WADE.ROY.1230783906 Date: 2014.07.30 10:27:02 -05'00'

LORENTZ.WARREN.P.13

66585105

Digitally signed by LORENTZ.WARREN.P.1366585105 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LORENTZ.WARREN.P.1366585105 Date: 2014.07.31 08:21:48 -05'00'

JOHNSON.DARRE

L.LEE.1076235429

Digitally signed by

JOHNSON.DARREL.LEE.1076235429

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSON.DARREL.LEE.1076235429 Date: 2014.07.31 09:13:17 -05'00'

JOHNSON.DARREL.LEE

.1076235429

Digitally signed by JOHNSON.DARREL.LEE.1076235429 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSON.DARREL.LEE.1076235429 Date: 2014.07.31 09:13:56 -05'00'

15. Approval:

Based on the foregoing justification, I hereby approve the procurement of Quantitative Thermodynamic Exposure Assessment (Q-TEA) Supporting Resilient Contaminated Sediment Site Restoration Part 1. Activated Carbon Amendment and Equilibrium Passive Sampling on an Other than Full and Open Competition basis pursuant to the authority of 6.302-3(a)(2) subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Darrel L. Johnson Signature:

Contracting Officer Date: 1AUG14

JOHNSON.DARRE

L.LEE.1076235429

Digitally signed by

JOHNSON.DARREL.LEE.1076235429

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSON.DARREL.LEE.1076235429 Date: 2014.08.01 10:45:48 -05'00'