JA_Sole_Source_signed_9-13-18.pdf

CONTROL NO: NAB-18-041

UNCLASSIFIED//FOR OFFICIAL USE ONLY

JUSTIFICATION & APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

New Firm-Fixed Price Contract for

Army Installation Restoration Program (IRP) Repair to Non-Time Critical Removal Action, Control of Exposure to Near Surface Waste at Ballfield Landfill (FTGL-02) Forest Glen Annex, Silver Spring, MD

Solicitation No. W912DR18R0079

U.S. Army Corps of Engineers, North Atlantic Division, Baltimore District

August 2018

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: Characterization of the Nature and Extent of damage to the Ireland Stream barrier crossing gate system and subsequent repair at Forest Glen Annex (1)

CONTROL NO: NAB-18-041 (2)

AUTHORITY: FAR 6.301 (3) AMOUNT: $53,000 (4)

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

PREPARED BY:

CONTRACT SPECIALIST

NAME: Ms. Leigha Arnold

PHONE: (410) 962-0641

DATE: 22 August 2018

CONTRACTING OFFICER (5)

NAME: Ms. Kathryn E. Brown

PHONE: (410) 962-2585

DATE:

TECHNICAL (6)

NAME: Mr. Russell E. Marsh

PHONE: (410) 962-0695

REQUIREMENTS (6)

NAME:

PHONE:

DEPUTY FOR SMALL BUSINESS

(7)

SIGNATURE:

NAME: Ms. Tamika Gray

PHONE: (410) 962-2587

PROJECT MANAGER (8)

SIGNATURE:

NAME: Mr. Russell E. Marsh

PHONE: (410) 962-0695

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: The contracting agency responsible for this action is U.S. Army Corps of

Engineers—Baltimore District, Large Contracts, Environmental/Architect-Engineering (A/E) Team.

2. DESCRIPTION OF ACTION: Approval is requested for a new contract for the Environmental services to be performed at the Ireland Stream barrier stream crossing at Forest Glenn Annex, Silver Spring, Maryland. The work requires the characterization of the nature and extent of damage to the gate system and subsequent repair.

The barrier stream crossing is located on the western boundary of the Forest Glen Annex. This work is categorized as unusual and compelling urgency as the damage to the barrier crossing is preventing debris from passing through which potentially could cause more damage to the barrier system. The scope of work for this contract is engineering evaluation of the damages to the barrier system including the fence, concrete columns and caps, swing arms, brackets and appurtenances, and rebar gates by the Designer of Record.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION: Task order W912DR- 12-D-0001-0007 was awarded on 26 August 2016 on a competitive basis under the now expired Multiple Award Environmental Services (MAES) contract. Watermark ECC LLC 8(a) was tasked with implementing the FTGL- 02 Ballfield Landfill Non-time Critical Removal Action Selected Alternative #4 (Fence) of the Engineering Evaluation/Cost Analysis. Alternative #4 involved the design and construction of approximately 2,400 linear feet of fencing and associated structures (stream barrier crossing, gates, etc.). The goal of the Non-Time Critical Removal Action is to prevent the general public from unauthorized access to the Ballfield landfill (FTGL-02).

Final site inspection was performed on 15 February 2015, all punchlist items were completed in early March 2018. During the time period from 13-19 May 2018 to July 2018 several thunderstorms deposited a significant amount of rainfall in the general area. Due to the large amount of run off into the Ireland Trail stream, much debris and at least one large tree hit the stream barrier crossing with enough force to cause damage to the barrier crossing and support structures. Noted damage includes at least two cracked concrete support columns, several broken/cracked post brackets, a severely bent slider/lock bar and damage to the rebar gate. Due to the damage, the barrier gate crossing is stuck in the locked position and cannot be opened to allow passage of any debris.

There is concern that additional rain fall will cause more debris buildup against the gate causing additional damage and/or failure of the fence and stream barrier crossing system. The effort to be performed under this action will include an engineering evaluation of the damages to the barrier system including, fence, concrete columns and caps, swing arms, brackets and appurtenances, rebar gates by the Designer of Record. Following the evaluation, the Designer of Record will prepare the recommended corrective actions and required repairs.

The contractor will then implement the required repairs so that the system functions as initially designed and constructed.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2(a)(1) Unusual and Compelling Urgency. An award to any other source would result in unacceptable delays in fulfilling the agency’s requirement to prevent additional damages to the gate and fence system preventing unauthorized access to the general public into the landfill. The original task order, W912DR-12-D-0001-0007, was awarded allowing fair opportunity for all MAES small-business socio-economic firms to be considered.

5. REASON FOR AUTHORITY CITED:

Background:

The FGA is located in the Forest Glen area of Silver Spring, MD in Montgomery County. Forest Glen Annex is a sub-installation of Ft. Detrick, MD. The installation is bounded to the north by the National Park Seminary historic district and beyond by Interstate 495, the Capital Beltway. It is bounded to the south by Garfield Avenue and beyond by a commercial and industrial area. It is bounded to the west by Rock Creek Regional

Park. It is bounded to the southeast by Brookville Road and beyond by commercial, industrial, and residential properties, and to the northeast by the Chessie Seaboard Multiplier (CSX) railroad and by commercial and residential properties beyond.

Materials reportedly disposed included construction debris, medical debris and waste, incinerator ash, and household and office waste. Metal debris can be seen in the ground along the hillside topographically upgradient from the streams. Near surface items discovered during the recent Remedial Investigation included suspected medical debris and waste, including glass vials, scalpels, and syringes. Because it lies adjacent to the Rock Creek Park, this property appears to be part of the Park. Until installation of the NTCRA (Fence), there were no engineering controls to prevent the public from veering off the Ireland Trail, and potentially coming into contact with exposed wastes from the former landfill.

Justification: The system is designed so that prior to a storm event when significant rainfall is anticipated the slide bar is moved to the unlocked position. In the unlocked position the gate remains closed but is designed to swing open if impacted by debris. Additionally, the gate can intentionally left open to allow debris to pass.

Following the storm, the slide bar is moved back to the locked position. In its current condition, the slide bar is damaged (bent) to such a degree that it cannot be moved. Additionally, there is damage to the concrete structural columns, the brackets that hold the slide bar and other appurtenances. There is concern that any additional impacts by debris will cause more damage to the system, which will increase the repair costs. Under a worst case scenario the columns or other appurtenances could fail creating a breach in the fence system.

Impact: If this new contract is not sole sourced, the government can expect delays in evaluation of the system and subsequent repairs. As previously stated there is concern that more debris will further damage the system, which will increase the repair costs. Under a worst case scenario the columns or other appurtenances could fail creating a breach in the fence system. This would further increase the repair costs and potentially allow the general public’s unauthorized access to the landfill. Furthermore, awarding a new task order to a competing contractor would involve subcontractors that are not familiar with the design of the system or the construction of the concrete columns and the slide rail and gate system. In addition there would be increased time required for contracting, ramp-up, and resourcing.

The current contractor staff, coupled with the established management and technical and construction teams also already in place, give Watermark ECC LLC 8(a) the institutional knowledge and understanding of overall project objectives and regulatory concerns to complete the work in a cost effective manner. Therefore, Watermark ECC LLC 8(a) is best positioned to evaluate, design and implement the required repairs to the system an investigation approach that is agreeable to both the Army and the Maryland Department of the Environment.

Alternatives: No other viable alternatives exist without detrimental impact to the project and schedule.

6. EFFORTS TO OBTAIN COMPETITION: The original task order, W912DR-12-D-0001-0007, was awarded allowing fair opportunity for all MAES small-business socio-economic firms to be considered. Watermark-ECC LLC 8(a) was selected for the original task. Based on the information provided in paragraph 5, efforts to obtain competition for this new contract are not feasible.

7. ACTIONS TO INCREASE COMPETITION: N/A

8. MARKET RESEARCH: No market research will be performed based on the information provided in paragraph 5.

9. INTERESTED SOURCES: There are no additional known sources available at this time that currently possess the data, site specific knowledge, and documentation to complete the activities described herein.

10. OTHER FACTS: N/A

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.

NAME: Russell Marsh DATE: _________________________

TITLE: Project Manager 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.

NAME: Leigha Arnold DATE: _________________________

TITLE: Contract Specialist SIGNATURE: ___________________

13. FAIR AND REASONABLE COST DETERMINATION:

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

An independent Government cost estimate (IGCE) has been prepared and will be compared to the contractor’s proposal, in accordance with FAR 15.404-1, to ensure that the contractor’s proposal is fair and reasonable. The IGCE Government cost estimate has been prepared based on historical references. Cost or Pricing Data is not required because the contract fee will not exceed $2 million.

NAME: Kathryn E. Brown DATE: _________________________

TITLE: Contracting Officer SIGNATURE: _________________

14. CONTRACTING OFFICER CERTIFICATION:

"I certify that this J&A is accurate and complete to the best of my knowledge and belief."

NAME: Kathryn E. Brown DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement for the Characterization of the Nature and Extent of damage to the Ireland Stream barrier crossing gate system and subsequent repair at Forest Glen Annex on an other than full and open competition basis pursuant to the authority of FAR 6.302-2(a)(1). The order must be issued on a sole-source basis in the interest of economy and efficiency because it is unusual and compelling urgency to a task order that has since expired for the necessary damage repair, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

NAME: Kathryn E. Brown DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

10 September 2018

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