Redacted_Final_Time_Extension_JA_17Apr2019.pdf

Control No. CECT-NWO-19-08

FOR OFFICIAL USE ONLY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

RAPID RESPONSE 5 SMALL BUSINESS SINGLE AWARD TASK ORDER CONTRACT

CONTRACT EXTENSION W9128F-14-D-0009

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Northwestern Division, Omaha

District (NWO), Contracting Division, Environmental Branch, 1616 Capitol Avenue, Omaha, NE 68102.

2. DESCRIPTION OF ACTION: Request approval for a modification to the Rapid Response 5 (RR5) Single Award Task Order Contract (SATOC) to extend the services contract by six (6) months in accordance with the Federal Acquisition Regulations (FAR) clause 52.217-8, Option to Extend Services. The current contract (W9128F-14-D-0009) was competitively solicited and ultimately awarded as a cost plus fixed fee contract to BERS-Weston Services JVA on 24 April 2014 with a three (3) year base and a two (2) year option period. The contract was modified to exercise the two (2) year option period through 23 April 2019 under the authority of FAR clause 52.217-9. FAR Clause 52.217-8 Option to Extend Services was included in the solicitation and the resultant contract award; however, was not evaluated at time of award and therefore cannot be exercised. As this is a SATOC, funds have been and will continue to be identified at the time of task order award and will continue to be in compliance with Financial Management Regulations. It is anticipated that funds utilized during this six (6) month extension will primarily be Flood Control and Coastal Emergencies Class 320, 310 and 210 funds.

3. DESCRIPTION OF SERVICES: The general scope of services under the RR5 SATOC consists of time-sensitive environmental investigations/evaluations, remediation activities, remediation system optimization and operation, ground water monitoring, incidental design, incidental construction, incidental Military and Munitions Response Program (MMRP) activities, and related services. Tasks associated with these services may include, but are not limited to: work plan preparation, associated reports, field investigations, facility investigations, well monitoring/sampling, data management, management of investigative derived waste, environmental/human health/munitions risk assessments, well abandonment, meetings, hydrological/soil studies, remedial activities, disposition/collection/transportation/storage and or disposal of waste or debris, survey/removal/transportation and disposal of asbestos containing material, and site closeout/decision documents.

To date, approximately thirty-one (31) task orders have been issued under this SATOC. Prior task order requirements have included asbestos surveys, mold abatement, groundwater sampling, fuel spill cleanup, Munitions and Explosives of Concern (MEC) support during dredging operations, well inventory and sampling of water for PFAS/PFOA, and sampling, design, installation, commissioning, and prove out of treatment systems due to contaminants.

Additional work to be obtained within the requested six (6) month option period would be within scope of the basic contract W9128F-14-D-0009. The services needed within this extension are expected to assist the flood fighting operations along the Missouri River and its tributaries.

Types of services anticipated for these efforts include water sampling, environmental clean-up support, commissioning and prove out of treatment systems, potential mold abatement at Federal facilities, fuel spill clean-up support, etc.

This request is only for a six month time extension. The remaining capacity on the contract is currently at $8,216,590.96 and no additional capacity is requested.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, DFARS 206.302-

1 and PGI 206.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED: Expedited contracting procedures are necessary to solicit, award, and perform time-critical emergency services along the Missouri River and its tributaries during the 2019 flood fighting operations. Award to a source other than the original source would result in unacceptable delays in fulfilling the agency’s needs for these emergency services. This reasoning is in accordance with 10 U.S.C. 2304(d)(1)(B)(ii) and as implemented in FAR 6.302-1(a)(2)(iii)(B).

a. Background.

A bomb cyclone storm dumped up to 2.25 inches of warm rainfall on a heavy wet snowpack across the region between Tuesday, March 12 and Thursday, March 14. The rain fell on a plains snowpack that held 3 or more inches of snow water equivalent in Nebraska and Iowa with event higher amounts in southeastern South Dakota. In north central South Dakota and North Dakota that snowmelt is forecast to occur in the coming weeks. Waters from this flood event came from tributaries that enter the Missouri River below the large main stem storage reservoirs. Mountain snowpack is at or slightly above normal (99% in the Garrison reach and 102% in the Fort Peck reach), plains soils are very saturated and the frost depth is up to 2 feet in places. Plains snowpack in South Dakota and North Dakota has a snow water equivalent 3-8 inches with some places reporting higher levels. More flooding is forecasted on the James, Vermillion and Big Sioux River basins from snowmelt. These three rivers flow unregulated in South Dakota to the Missouri River. This flooding will cause the Missouri River stages from Sioux City to Rulo, Nebraska to increase. These second peaks are not forecasted to be higher than the recent peak stages we have witnessed.

The issue at hand is widespread unregulated flows across western Iowa, eastern Nebraska and southeastern South Dakota which have caused devastating flooding on multiple tributary streams and extensive overtopping and breaching of the Missouri River levees south of Omaha. The Missouri River levee system has been severely compromised. Emergency management teams continue to support local, state, and county flood fight actions and the district is establishing a 2019 Omaha System Restoration Team to expedite advanced interim measures as well as overall restoration of the federal levee system along the Missouri River.

A significant portion of the more than 500 miles of levees on the Missouri, Platte, and Elkhorn rivers have experienced flood damaged. USACE Omaha is currently tracking more than fifty-two (52) breaches to address. The Platte, Niobrara and Elkhorn Rivers along with other unregulated tributaries overwhelmed the Missouri River levee systems. The record river levels exceeded the levee systems’ design capacity from Omaha to Rulo, Nebraska and into the Kansas City District AOR. The enormous river flows severely compromised Federal and Non- Federal levee systems downstream of Omaha on the Missouri River as well as south of Fremont, NE on the Platte River.

The States of Iowa and Nebraska recently declared a local state of emergency, allowing the states to seek assistance from the federal government. Impact of further flooding would be catastrophic. USACE must provide expeditious contracting solutions to ensure prompt and comprehensive emergency operations to fulfill this critical levee protection mission. Damaged communities will face additional serious health and safety hazards, both personal and ecological, and devastating economic loss if repair efforts are delayed.

b. Justification.

Time-critical emergency services to aid in the flood fighting operations can be performed under contract W9128F-14-D-0009. The types of services needed may include fuel cleanup and mold abatement at Offutt AFB where several buildings and fuel tanks have been affected by the flood waters. Another requirement may be water sampling and prove out of treatment systems such as the treatment facility in Pacific Junction, IA which has been inundated with flood waters. The well in this treatment facility is currently producing contaminated drinking water and is affecting surrounding towns such as the community of Glenwood, IA. With the continued snow melt and spring rains, these types of requirements are expected to increase over the next several months. Currently, the Omaha District is waiting for flood waters to recede in order to assess the damages and ultimately scope the actual required services under this contract. This assessment is predicted to take weeks, potentially beyond the current ordering period of this contract. FAR Clause 52.217-8 Option to Extend Services was included in the solicitation and the resultant contract award; however, was not evaluated at time of award. By exercising the existing FAR clause 52.217-8, USACE can be better equipped to provide immediate response to the above types of requirements as they are identified. Full and open competition for this work would result in unacceptable delays in fulfilling the agency’s need for these time-critical emergency services.

No additional capacity is being requested. The current contract has $8,216,590.96 left in capacity which is sufficient for the immediate 2019 flood fighting operations.

The need for these emergency services does not result from a lack of planning. Two additional Rapid Response 5th generation SATOCs are being pursued by NWO: a $35M 8(a) SATOC and a $35M Service-Disabled Veteran-Owned Small Business (SDVOSB) SATOC. The solicitation was recently advertised for the 8(a) SATOC under W9128F-19-R-0016

The sixth generation of the Rapid Response contracts are also being competitively advertised

. Due to the upcoming gap in Rapid Response services and the recent flood events in the NWD region, Omaha District is requesting to extend this RR5 contract W9128F-14-D-0009 pursuant to FAR Clause 52.217-8 from 24 April 2019 to 24 October 2019.

c. Impact.

Based upon the current flood situation with over fifty-two (52) breaches identified along the Missouri River and its tributaries and with the continued snow melt and spring precipitation in the watershed basin, flood waters could continue to pose a significant threat to human life, infrastructure, property, and damage within Omaha District’s area of responsibility. Flood waters have and can continue to contaminate water treatment plants which pollutes drinking water. Flood waters can also cause the growth and spread of disease and mold. The current impact resides within Iowa, Nebraska and South Dakota which have over 38 populated towns along the Missouri River alone, not including towns along the tributaries. As the snow melt and spring precipitation continues, additional populated towns along the Missouri River may be impacted as well.

d. Alternatives.

There are no similar contract vehicles available that allow a rapid response to perform the services required. The Government recently awarded a $95M Rapid Disaster Infrastructure (RDI) SDVOSB SATOC. However, this RDI SATOC is a construction contract and cannot be used for the services mentioned above. NWO does have firm-fixed-price Environmental Remediation Services (ERS) and Environmental Consulting Services (ECS) contracts available, but they are not suitable for rapid response actions nor were their cost accounting systems reviewed for adequacy as they do not have a cost reimbursement type contract.

Other alternatives would be to award letter contracts or separate services contracts using the authority under FAR 6.302-2. A letter contract could be awarded to a local contractor, but it would be undefinitized and may put the contracting officer in weak negotiating position, possibly resulting in an unreasonable price. The other alternative is to issue separate services contracts similar to the recent construction contracts for levee repairs that were awarded under limited competition. However, the resources involved to execute separate services contracts each with its own justification for limited competition would be significantly higher than to extend an existing contract for six (6) months.

6. EFFORTS TO OBTAIN COMPETITION: NWO previously awarded a competitive $80M

Unrestricted Business RR SATOC, which has expired, and a competitive $95M Small Business (SB) RR SATOC (this contract, W9128F-14-D-0009), which was awarded in April 2014. NWO is also pursuing award of both 8(a) and SDVOSB competitive SATOCs, as described in 5.b. as well as developing the sixth generation of RR SATOCs, These acquisitions will continue to provide a diversity of contract vehicles that can be used to meet the Rapid Response mission while facilitating competition.

7. ACTIONS TO INCREASE COMPETITION: Subsequent to the award of task orders under this RR5 SATOC which will address the immediate life-safety hazards, USACE will obtain competition for continuing or follow-on work through use of ERS/ECS MATOCs and other available contract vehicles. NWO expects to receive adequate competition within existing ERS/ECS MATOCs for future activities related to this requirement that are not as time-sensitive.

8. MARKET RESEARCH: Full market research was most recently conducted for the upcoming

RR6 suite of contracts.

responding to the sources sought notice which were identified as potentially being capable of performing such rapid response type services. This market research supports NWO’s efforts on competing the upcoming SATOCs. However, due to the upcoming gap in rapid response services and the time-sensitive nature that the 2019 flood has caused, it is not feasible to fully compete a separate services contract and have an award within a reasonable time.

In addition, a sources sought notice was posted on FBO.gov in accordance with DFARS PGI 206.302-1.

9. INTERESTED SOURCES: The requested six (6) month extension will not be synopsized due to the proposed contract action being made under the terms of an existing contract that was previously synopsized in sufficient detail which is covered by an exception under FAR 5.202(a)(11). Task Orders issued under this SATOC will not be synopsized due to the exception under FAR 5.202(a)(6).

10. OTHER FACTS: The RR5 SATOC is a cost plus fixed fee contract type

NWO supplements the DCAA audits by conducting price and cost analysis on all actions in accordance with FAR Part 15.404. NWO has operating procedures in place to review daily work plans and identify any issues prior to performance of tasks. These daily work plans are also used as source documentation for the invoicing process to ensure only allowable, allocable, and reasonable costs are paid by the Government. Finally, NWO has personnel that are trained in administering cost reimbursement task orders and on-site personnel that interact directly with the RR5 SATOC contractor after task order award.

Developing and competing new contract awards under full and open competition is time prohibitive based on life, health and safety risks involved. It would require significant time and resources and would cause unacceptable delays. The typical competitive, negotiated procurement takes approximately 237 days to complete once a requirement is received, including 45 days for pre-solicitation activities and 30 days for advertisement. By using an expedited contracting process by executing a task order on a SATOC, the contracting officer can go from requirement to award in several days.

11. TECHNICAL CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.”

Name: Signature:

Title: Chief, Special Projects Branch Date: ________________________________

12. REQUIREMENTS CERTIFICATION:

"I certify that the supporting data under my cognizance which is included in the Justification and Approval is accurate and complete to the best of my knowledge and belief."

Title: Chief, Special Projects Branch Date: _____________________________

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. The original rates established in the contract were found to be reasonable using proposal analysis techniques in accordance with FAR 15.404. Cost and/or price analysis will be conducted on each action to determine the proposed amounts are fair and reasonable and, if applicable, are realistic for the work to be performed. This modification is to extend the period of performance by six (6) months. Cost or pricing data is not required as part of this modification.”

Title: Contracting Officer Date: ________________________________

14. CONTRACTING OFFICER CERTIFICATION:

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

Title: Contracting Officer Date: _________________________________

15 Apr 2019

15 Apr 2019

15 Apr 2019

15 Apr 2019