W911SD19P0054_J&A_OIL_SPILL_BLDG_604_REDACTED_COPY.pdf

Version – March 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

W911SD-19-P-0054

Program/Equipment: This is for an emergency hazmat response to stop an oil leak and remediate the spillage at Building # 604 West Point, NY.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $ 26,297.78

Prepared by: REDACTED DSN: 688-XXXX Contract Specialist Date: 8 March 2019 Email: REDACTED

Contracting Officer: KYMBERLY Y. AVILES DSN: 688-5861 Division Chief- Installation

Mission and Installation Contracting Command MICC-West Point

Email: kymberly.y.aviles.civ@mail.mil Date: 8 March 2019

Technical: REDACTED DSN: 688-XXXX Environmental Engineer Directorate of Public Works USAG West Point, NY

Email: redacted Date: 8 March 2019

Requirements: REDACTED DSN: 688-XXXX Environmental Engineer

Directorate of Public Works USAG West Point, NY

Email: Redacted Date: 8 March 2019

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

Program Manager:

Typed Name: REDACTED

DSN: 688-XXXX

Signature:

X Right-Click "Signature Setup"

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command-West Point, 681 Hardee Place, West Point, New York 10996-1514

2. Description of Action: The Directorate of Public Works, West Point requests a Firm- Fixed- Price contract with Miller Environmental Group Inc., 538 Edwards Ave, Calverton, NY 11933- 1636.

The Government projects award for March 2019 and fiscal year 2019, Operations and Maintenance funds will be used.

3. Description of Supplies/Services: On 25 January 2019 a 30,000 gallon diesel fuel tank developed a leak that was beyond the capabilities of the Directorate of Public Works Personnel to correct. An estimated 4,500- 7,000 gallons of fuel remained in the tank and had to be removed without any further spillage. There had been an unknown amount of fuel that had leaked into the primary and secondary containment areas that also had to be remediated.

Period of Performance: 25 January 2019 to 26 January 2019 Total Value: $26,297.78

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: On 25 January 2019, a 30,000 gallon fuel tank was leaking fuel oil into the containment area behind Building 604, the Central Power Plant.

Several attempts were made to stop the leak yet it was beyond the capabilities of West Point to stop the leak and to remediate the spill. At or about 4 PM an emergency was declared and Miller Environmental (MEG) was called to respond. MEG and West Point personnel were able to stabilize the leak on Friday 25 January and then MRG responded with a full team on Saturday to pump out the affected tank and to remediate the oil spill.

There was an estimated 4,500 -7,000 gallons remaining in the tank and to allow this fuel to leak into the ground would not be a viable alternative. This was a real world environmental emergency and MEG had all the resources required to address the situation.

(a) As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. MEG is the only known company that could respond within short notice. Two other small business companies were contacted yet did not have the capability to respond.

(b) Alternatives: There were no viable alternatives present in this matter on 25 January. Two other small business were contacted to pump out the tank yet neither could support the requirement and neither could provide environmental remediation services.

(c) This J&A is prepared after the fact to document a sole source action. Had the work not been completed, the effects of 7,000 gallons of fuel spilling on the ground would have created a severe environmental disaster. Although an attempt was made to find competition, the end result was that MEG was the only company available to perform the necessary work. Failure to approve the J&A is not an option.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Subcontracting competition will be achieved by MEG subcontracting for all its equipment and supplies. The amount of subcontracting required or will be performed is unknown.

7. Actions to Increase Competition: West Point will re-examine the requirement for emergency hazmat response and or remediation services. The work is sporadic in nature and is not suitable for the award of a purchase order and or a requirements contract. An option to utilize a BPA for future environmental responses is now being evaluated by the USAG WP Environmental Management Branch. If approved a BPA or two, could be in place within 90 days.

8. Market Research: There was limited market research performed as this was a priority requirement and previous experience has shown that there is a limited market and very little time to get a hazmat or environmental response company in place in a short notice.

The contract specialist attempted to secure two other companies earlier in the day before and emergency was declared. Both companies were unable to provide a support vehicle with the capacity to unload up to 7,000 gallons of fuel. Based upon prior history MEG was a known entity that was able to respond and is fully qualified to meet NY DEC requirements and those of the US Coast Guard. REDACTED and REDACTED were contacted earlier in the day and neither had the capability to respond.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Sole Source Sources Sought Notice was posted to Federal Business Opportunities (fbo.gov) on1 February 2019 for 5 days (1-6 Feb) and there were no responses received.

9. Interested Sources: See above in Market Research for responses. To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

(1) Miller Environmental has responded to a number of emergencies for hazmat related services over the last 14 years

MILLER ENV

GROUP

(MEG)

SETASIDE SUMMARY

W911SD-12-

P-0134

UNRESTRICTED Mercury spill cleanup FAR 13.106(b)(1)

W911SD-13-

P-0207

UNRESTRICTED Hydraulic oil spill cleanup KACH FAR 13.106(b)(1)

W911SD-13-

P-0261

UNRESTRICTED Diesel fuel spill remediation FAR 13.106(b)(1)

W911SD-18-

P-0063

UNRESTRICTED Hazmat Response for an inert M-47 bomb at the West Point Museum FAR 13.106(b)(1)

(2) All the above were sole source

(3) All were procured under FAR 13.106(b)(1) Sole Source

(4) The Miller Environmental Group is the only known source to be able to provide an immediate response.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.—No emergency hazmat procurements were competed.

(6) There are no unusual patterns present. All the above were unforeseen events.

(7) The previous award W911SD-18-P-0063 was in response to a chemical leak of bromonicotinic acid from an inert M-47 bomb. The West Point Fire Department analyzed the substance and an emergency was declared. This chemical leak was life threating and required an emergency response.

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.

Typed Name: REDACTED Date: 8 March 2019 Title: Environmental Engineer Directorate of Public Works USAG West Point, NY

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.

Typed Name: REDACTED Date: 8 March 2019 Title: Environmental Engineer Directorate of Public Works USAG West Point, NY

Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: ☐ cost analysis ☒ price analysis

☐ should cost ☐ IGCE ☐ audit: ☒ other: Cost comparison to published prices

As a part of this basis, certified cost or pricing data:

☐ will be required.

☒ will not be required and the following exception applies (FAR 15.403):

☐ Prices that will be agreed upon are based on adequate price competition.

☐ Prices that will be agreed upon are based on prices set by law or regulation.

☐ A commercial item is being acquired.

☐ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

☐ The contract action is a modification to a contract or subcontract for commercial item(s).

☒ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: KYMBERLY Y. AVILES Date: 8 March 2019 Title: Division Chief- Installation Mission and Installation Contracting Command MICC-West Point 681 Hardee Pl.

West Point, NY 10996

Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: KYMBERLY Y. AVILES Date: 8 March 2019 Title: Division Chief- Installation Mission and Installation Contracting Command MICC-West Point 681 Hardee Pl.

West Point, NY 10996

Signature: