J&A_W9124A19C0008_Underground_Storage_Tanks_Upgrades_&_Repairs.pdf

Control No: JA-19-HUA-626 Contractor: Cochise Contractors, Inc.

Program/Equipment: Underground Storage Tanks’ Upgrades & Repairs

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Underground Storage Tanks’ Upgrade and Repair

Authority:

10 U.S.C. 2304(c) (2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency.

Amount: $1,008,485.00

Prepared by: Kristie L. Jansen DSN: 821-0401 Contract Specialist Date: 24 Sep 2019 Email: kristie.l.jansen.civ@mail.mil

Contracting Officer: Gay R. Moss DSN: 821-1514 Contracting Officer Date: 24 Sep 2019 Email: gay.r.moss.civ@mail.mil

Technical: Scott H. Olson DSN: 821-2717 Contracting Officer’s Representative Date: 24 Sep 2019 Email: scott.h.olson4.civ@mail.mil

Requirements: Michael R. Berg DSN: 821-3677 Engineering Branch Chief Date: 24 Sep 2019 Email: michael.r.berg6.civ@mail.mil

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

Program Manager:

Typed Name: Michael R. Berg

DSN: 821-3677

Signature:

X Right-Click "Signature Setup"

Legal Counsel:

Typed Name: Todd J. Liebman

DSN: 821-0340

Signature:

Command Advocate for Competition:

Typed Name: Dennis P. Longo

DSN: 298-5087

Signature:

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command, Aberdeen Proving Ground, Huachuca Division, Directorate of Contracting, 600 Augur Street, Building 22208, Fort Huachuca, Arizona 85613-7070

2. Description of Action: The Directorate of Public Works (DPW) requires a firm-fixed price contract for Underground Storage Tanks’ (UST) Upgrades and Repairs. The Government will award Contract W9124A-19-C-0008 to Cochise Contractors, Inc., the only proposal received in response to W9124A19R0017. Further, Cochise Contractors, Inc., meets the ADEQ UST certification work categories required of construction, UST Installation and Retrofit, UST Cathodic Protection Testing, and UST Tightness Testing.

Fiscal Year 2019, Operations and Maintenance, Army funds will be used.

The DPW requires immediate repairs and upgrades of 10 USTs located at three vital locations on the installation. The USTs at the Troop Shoppette and Greely Hall have been in place from 23 to 40 years. The USTs at Buffalo Soldier Shoppette have been in place for 15 years. The life expectancy of an underground storage tank is about 25 years. After so long, the seals and other equipment starts to fail which can lead to leaks and other problems. It has been noted that personnel from Greely Hall have been smoking on top of where the USTs are located even though there are signs posted and there is a clearly defined smoking area. The operation and maintenance of the USTs has now become a health and safety issue at all three locations which could result in loss of life and/or property.

Cochise Contractors, Inc. is one of the vendors provided by Arizona Department of Environmental Quality (ADEQ) who is qualified to provide the repairs and upgrades needed for the USTs. They were also the only contractor to provide a proposal.

3. Description of Supplies/Services: Perform Arizona Department of Environmental Quality (ADEQ) certified upgrades and repairs of 10 USTs and associated piping, sumps, and other tank system components at three vital locations on Fort Huachuca.

Work shall be performed and completed in accordance with all Federal, State, and local regulations such as but not limited to: Occupational Health and Safety (OSHA), Department of Transportation (DOT), ADEQ, and Environmental Protection Agency (EPA) regulations.

Period of Performance: 180 days after receipt of Notice to Proceed

Total Value: $1,008,485.00

4. Authority Cited:

10 U.S.C. 2304(c) (2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited:

a. On 11 April 2015, the Environmental Protection Agency (EPA) enacted new mandated, compliancy requirements for the testing and regulation of underground storage tanks. On 13 October 2018, these new EPA requirements went into effect by the Arizona Department of Environmental Quality (ADEQ). DPW/ENRD (Environmental Office) have been working since October 2018 to obtain funding in order to have the tanks brought up to current operating parameters and current codes.

The contracting office and their mission partner (DPW) have been working this action since August 2018. A solicitation was posted August 2018 under full and open competition with only one proposal received which was deemed to be technically unacceptable.

DPW reworked the Statement of Work and the action was solicited again in April 2019, only one proposal received; however, it was found to be technically unacceptable. DPW reached out to four contractors who had expressed an interest in the requirement but did not put in a proposal. All four contractors stated that they had several jobs and did not have the personnel to start the job right away.

Due to the questions provided by interested vendors from the previous solicitations, DPW did a major rewrite of the Statement of Work and the action was solicited again in August 2019.

b. Delay of these new required upgrades and repairs would cause the tanks to fall out of compliance. Once the tanks are out of compliance the installation would be subject to ADEQ fines and ADEQ would issue corrective actions/violations until UST’s where brought into compliance.

c. The underground storage tanks are vital to the numerous missions at Fort Huachuca, Arizona. The underground storage tanks for Greely Hall support functions of NETCOM;

the 8000 gallon tank at Greely Hall supports two generators for the local-on post network data server facility. The two 500 gallon tanks support two areas, one for room 1500 and one for the emergency generator for Greely Hall. Continuity of these services is essential as the USTs provide backup generator support in the event power goes down. Delay of repairs and upgrades would result in a loss of operational continuity services, military readiness, emergency operations, back-up generators to support the installation and communications, movement of personnel and equipment; all of which are installation security, life, health, and safety requirements of the mission essential systems located at Fort Huachuca.

6. Efforts to Obtain Competition: This action was solicited three times: Starting in August 2018, April 2019 and August 2019. Solicitation W9124A19R0017 was posted on 26 August 2019, on FBO.gov with a closing date of 12 September 2019. A site-visit was scheduled for 04 September 2019. Two vendors expressed interest and attended the site-visit. Only the two vendors who attended the site-visit submitted questions.

Responses to those questions were posted via Solicitation Amendment #01 on 09 September 2019. On 12 September 2019, the Solicitation was amended and extended for one day with a new closing date of 13 September 2019.

7. Actions to Increase Competition: See paragraph 6 above.

8. Market Research:

a. This is a highly specialized and highly regulated requirement which requires a combination of construction and UST certification that limits the competitors to three vendors who are able to legally perform these services. DPW requires UST certifications in the following areas: Construction; UST Installation & Retrofit; UST Cathodic Protection Testing; and UST Tightness Testing. This requirement can only be performed by vendors certified by and listed on the Arizona Department of Environmental Quality (ADEQ), UST Service Provider Certification Listing.

b. On 17 May 2019, the DPW contacted ADEQ via telephone call to help narrow down those companies on the ADEQ UST Service Provider Certification Listing, in order to ensure work performed on the Fort Huachuca UST systems are completed in accordance with the Arizona Revised Statutes (ARS) and Arizona Administrative Code (AAC) for this particular construction repair and upgrades requirement. ADEQ provided three vendor that meet all the above certifications.

9. Interested Sources: To date, only one other source expressed an interest in this acquisition. A&H Contracting Services attended the site-visit and is a certified ADEQ UST vendor; however, A&H Contracting Services did not submit a proposal. On 17 September 2019, IAW DFARS PGI 215-3, A&H Contracting Services was contacted by the contracting office, via email, to inquire as to why their expressed interest was not followed up with a proposal. A&H stated they would not be able to obtain bonding for this size project.

10. Other Facts: None

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: Scott H. Olson Date: 24 Sep 2019Title:

Contracting Officer’s Representative 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: Michael R. Berg Date: 24 Sep 2019 Title: Engineering Branch Chief 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: N/A

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

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

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

Typed Name: Gay R. Moss Date: 25 Sep 2019 Title: Contracting Officer Signature:

michael.berg Text Box

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

Typed Name: Gay R. Moss Date: 25 Sep 2019 Title: Contracting Officer Signature:

Approval Based on the foregoing justification, I hereby approve the procurement of Underground Storage Tanks’ Upgrades and Repairs for the estimated amount of $1,008,485.00 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c) (2), as implemented by FAR 6.302-2, Unusual and compelling urgency, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

10 U.S.C. 2304(c) (2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

Dennis P. Longo Date: 30 Sep 2019 Advocate for Competition Signature: