J A_Number_LRE-JA-16-0003__Howards_Bay_AE.pdf

Control No: LRE-JA-16-0001

Justification Review Document for Other than Full and Open Competition

Program:

Authority:

Source:

Value:

Prepared by:

Name:

Signature:

Howards Bay Remediation Engineering

FAR 6.302-1 (a)(2)(iii)(A) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

ARCADIS U.S., Inc.

$250,000.00

Bruce M. Walrad Telephone: 313-226-2134 Contract Specialist

WALRAD BRUCE M 3 5 4 4

. Dlgltolly•goedb)ai!e.BRUCE.M.138532"74 1 8 3 2 2 7 ON:c=U5,o=U5.Govemnient,ou=DoO,ou=PKl,ou=U5A,cn=WALRAD.BRUCEM.1385324274

. . . . D••~w"·"·'Revrewed:

Contracting Officer:

Name: Robert W. Austin Contracting Officer

Signature:

Technical Representative:

Name: Adam C. Wagner Civil Engineer WAGNER.ADAM.CHRISTOPH 'g;r;.Zt:::'s.°'=':!'~:=:::,o;i;:";~;,:"'"'

Signature: ER.1260780120 ~~~~~~:)~:ER.l'.l601eoub

Requirements Representative:

Name: David W. Bowman Project Manager BOWMAN DAVID w 123: o;91i.11y,;,,nedbyBOWMAN.DAV1D.W.12'04898l1

" • • .· . DN: e,.;US, CP<U.S.GovemmMl,o~oO,tJu=PKI, 0489811 ' ~~;:;~-;'.~~~~~~·~i:.·123"""11

Telephone:

Date Reviewed:

Telephone:

Date Reviewed:

Telephone:

Date Reviewed:

313-226-6819

313-226-2138

313-226-2223

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Revi.ews: I have reviewed this.Justification and find it adequate to support other than full and open competition.

Program Manager

Name: David W. Bowman Telephone: 313-226-2223 Project Manager BOWMAN DAVID W 1230 or•'"'"Y''"""'byaowMAN.oAvio.w.1230489811 Date

• • • .. ON: e=US, 0=U5. Governrrumt, ou=OoD, ou-"f'KI, Signature: 489811 -~~:lt~~;~~=;~~~:~~A:s~:.·1230489811 Reviewed:

District Office of Counsel

Name: Thuy B. Dao Telephone: 313-226-2510 Deputy District Counsel, Detroit District

Date Signature: Reviewed: /(o kc 2015'

3Vf//1 o·Pf' 5Lt~ rc:.c+ -1-o o Ve/'l:'«.h1113 IA/5oW ~'jg'PJi_ *f-J;./;~ coa-fracf 01-1_+ A/£.92rVtct:S

Field Competition Advocate 1+- in wrr/,1:.J·

Name: LTC. James L. Booth Deputy Commander, Detroit District

Signature:

Small Business Representative

Name: Bonita M. Carroll Small Business Specialist

Signature:

Branch Contracting Chief

Name: Robert W. Austin Contracting Officer

Signature:

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Telephone:

Date Reviewed:

Telephone:

Date Reviewed:

Telephone:·

Date Reviewed:

313-226-65 72

312-846-5565

18 Dec 2015

313-226-6819

21 DEC 2015

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LRE-JA-16-0003

1. Contracting Activity:

U.S. Army Corps of Engineers (USACE) Detroit District - Contracting Branch 477 Michigan Avenue, Room 700 Detroit, Michigan 48226

2. Description of Action:

Control No: LRE-JA-16-0001

This justification is prepared in support of a new firm-fixed-price architect-engineer service contract to purchase environmental engineering services. This action is undertaken as part of an lnteragency Agreement (DW-96-94819801-0; DW-96- 94819801-E) between USACE and the U.S. Environmental Protection Agency (EPA). The contracted AE work is part of a larger project in which USACE is to provide engineering and design services for EPA to assess and plan remediation of river and harbor sediments in the St. Louis River Area of Concern at Superior, Wisconsin.

3. Description of Supplies/Services:

Utilizing preliminary engineering, planning, and feasibility documents, provide the following engineering services in support of sediment remediation in Howards Bay, at Superior, Wisconsin:

1. Create an area map with locations and analytical results for sediment samples collected in 2014 and 2015.

2. Provide color coded maps for metal and chemical concentrations in harbor sediment.

3. Create a Mine View Model (MVM) using the sediment concentration database to provide 3-dimensional views of the sediment concentrations. These 3-dimensional images will be used to plan construction work and to expedite permit reviews.

4. Refine the dredge management units identified in the EPA's existing feasibility study of potential remediation methodologies. These will be provided as CADD drawings suitable for including in the contract drawings and specifications.

5. Develop contour maps for potential land disposal of impacted materials at authorized local landfills.

6. Develop and incorporate Enhanced Natural Restoration (ENR) features for some areas in the harbor as part of remedial activities.

7. Prepare detailed drawings and specifications for use in a construction contract for dredging and disposal.

8. Participate and support USACE/EPA in Government reviews and permitting.

The estimated value of these services is $250,000.00.

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4. Authority Cited:

The statutory authority permitting other than full and open competition is 10 U.S.C.

2304(c)(1), as implemented by FAR 6.302-1. Pursuant to FAR 6.302-1 (a)(2), "When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for."

5. Reason for Authority Cited:

FAR 6.302-1 (a)(2)(iii)

FAR 6.302-1(a)(2)(iii) 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

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C.

2304(d)(1 )(B)).

USAGE is providing design and construction contracting documents on behalf of EPA as part of an ongoing project managed by EPA in partnership with the Wisconsin Department of Natural Resources (WDNR) and the Fraser Shipyard (together with EPA, called the Project Partners). Under a standing cooperative agreement with EPA and WDNR, Fraser Shipyard contracted engineering firm ARCADIS U.S., Inc. (ARCADIS) to collect extensive field data and to develop a Focused Feasibility Study (FFS) to evaluate available means and methods by which historic environmental contamination of harbor sediments can be effectively addressed in Howards Bay. The Project Partners evaluated and endorsed the FFS in July 2015, and ARCADIS is ready to complete the selected remedial design, which was prepared to a 30% state of completion as part of the FFS.

To date, ARCADIS has provided approximately $360,000 in highly specialized services to the Project Partners, with specific aspects of their work as follows:

• ARCADIS has been providing professional services to the Project Partners on the Howards Bay project since February 2013;

• ARCADIS personnel have conducted extensive field operations in the unique environment of Howards Bay;

• ARCADIS has collected chemical analysis data on sediment samples collected from Howards Bay;

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LRE-JA-16-0003

Control No: LR E-JA-16-0001

• ARCADIS has developed spreadsheets and mapped surface concentrations of chemical parameters in the project work area;

• ARCADIS incorporated some, but not all of its field data into the charts, diagrams, and exhibits that were used in the FFS;

• ARCADIS has worked with USAGE to provide project data in support of project planning and cost estimating activities;

• ARCADIS presented technical findings at an international conference to describe remediation issues and alternatives at Howards Bay;

• Any engineer other than ARCADIS would need to work closely with and procure data from ARCADIS before continuing the design of remedial construction activities at the Howards Bay site.

Based on the foregoing considerations, it is recognized that AR CAD IS has developed a unique familiarity, understanding, and capability of operating within the Howards Bay project area. It is also recognized that ARCADIS possesses data that are not readily available to other environmental engineers.

Market research indicates that there is generally a potential cost savings of approximately 10% associated with competing contracts of this size. Based on the size of this intended contract action, this would present a potential benefit to the Government of $25,000 to be realized if this contract were available for competition.

However, if only 7% of ARCADIS's work (valued at $360,000) would need to be repeated, the $25,200 cost incurred by a new AE would more than offset any potential benefit of competition. This is a conservative value, and it is understood that no other engineer could undertake the work of this contract without procuring and/or repeating significant work already performed by ARCADIS. This would result in unrecoverable costs and a significant delay in project completion.

Moreover, in accordance with the Brooks Act of 1972 (Public Law 92-582) the Government must select engineering firms based upon their demonstrated competence and qualification for the type of professional services required.

(Subsequent negotiation ensures that such services are procured at fair and reasonable prices.) There is no other environmental engineering firm that has participated in the collection of data and development of project requirements to the degree that ARCADIS has under the preceding contract. There is therefore no other contractor who is more competent and better qualified to address the specific concerns and considerations at Howards Bay, and no other engineer could be selected under a qualifications-based selection process.

FAR 6.302-1 (b)(1 )(ii)

FAR 6.302-1 (b)(1 )(ii) further states that sole source authority may be appropriate in situations where there is a reasonable basis to conclude that the agency's minimum

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needs can only be satisfied by services available from only one or a limited number of sources with unique capabilities.

In order to address the irregular distribution of contaminated sediment in Howards Bay and the need to efficiently segregate dredge materials that can be disposed by conventional means from those that must be disposed at rated landfills, the scope of work for this action includes the development of a three-dimensional model of sediment chemistry. This model will facilitate the planning of sediment removal with a level of direction and detail that would not otherwise be possible. ARCADIS developed the capability to prepare and derive useful data from three-dimensional contaminant models through years of coordination with EPA on projects like the Howards Bay remedial action. No other firm is currently recognized as having the specific capability to develop the model that is requested by EPA and the State of Wisconsin for Howards Bay. There is therefore a reasonable basis to conclude that the agency's needs can only be satisfied by services from the one proposed source.

6. Efforts to Obtain Competition:

In the period from July 2015 to the present, market research was conducted to determine if other sources were available for potential competition. Corps of Engineers personnel checked existing A-E contracts, conducted internet searches, held discussions with EPA, and queried other USAGE Contracting branches. No other engineering contractor was identified who can provide the required services in accordance with existing laws and without significant unrecovered costs and delays to the Government.

The Corps of Engineers also posted a Request for Information (RFI) to the FedBizOpps website to invite participation and comment on the subject procurement. The RFI was posted on 07 October 2015 with a suspense to respond by 23 October 2015. Any party that responds to the notice will be considered as a potential service provider; however, USAGE has received no responses to express interest or to otherwise present information with respect to this contract action.

Effective competition on price and qualifications is not anticipated for this action.

7. Actions to Increase Competition:

The Corps of Engineers will publicize the award of this contract in accordance with FAR Part 5. Any communications from engineers who are interested in working with USAGE on similar actions will be retained and considered for future projects. The Corps of Engineers will also continue to stage regular industry days and to receive, retain, and evaluate qualifications packages from engineering contractors who may be interested in working with USAGE.

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8. Market Research:

In the period from July 2015 to the present, and prior to the development of the proposed action, USACE personnel conducted market research to determine the availability of open market sources for the procurement. Efforts include the following:

A. Database searches, SAM database checks, and SBA Small Business Search Tool searches into engineering firms engaged in similar work under NAICS Code 541330 - Engineering Services, which includes environmental engineering.

B. Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet the requirements.

C. Reviewing the results of recent market research and contract actions undertaken to meet similar requirements.

D. Reviewing existing contracts, capabilities statements, and other generally available literature published by contractors or available on-line.

9. Interested Sources:

To date, no other sources have written to express an interest.

10. Other Facts:

None. All pertinent facts, are stated in the paragraphs above.

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11. Technical Certification:

l 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: Adam C. Wagner Telephone: 313-226-2138 Civil Engineer

WAGNER.ADAM.CHRISTOPHE g~:~~z;,i~~s~~:~~~~0-:~~~,1~;,~~~~~:~;~120 Date Signature: R.1260780120

12. Requirements Certification:

m=WAGNER.ADAM.CHRJSTOPHfR.1260780120 Date:2015.121713:32:13-0S'OO' Reviewed:

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: David W. Bowman Project Manager

Signature:

13. Fair and Reasonable Cost Determination:

Telephone: 313-226-2223

Date Reviewed:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Name: Robert W. Austin Contracting Officer

Signature:

14. Contracting Officer Certification:

Telephone: 313-226-6819

Date Reviewed:

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

Name: Robert W. Austin Contracting Officer

Signature:

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Telephone: 313-226-6819

Date Reviewed:

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Justification Review Document for Other than Full and Open Competition

Howards Bay Remediation Engineering

Approval

Based on the foregoing justification, I hereby approve the procurement of these architect/engineering services on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c), FAR 6.302-1, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Name:

Signature:

Robert W. Austin Telephone: 313-226-6819

Chief of Contracting, Detroit Branch

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Date Reviewed:

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