W912DY-EFO-Lakehurst-CWM IHF-Redacted-20250116.pdf

CUI//SP-PROCURE//FEDCON

Control Number: CEHNC-25-0022

CUI//SP-PROCURE//FEDCON

JUNE 2025

JUSTIFICATION REVIEW DOCUMENT

FAR Part 16 Justification for an Exception to Fair Opportunity

Program/Equipment: Ordnance and Explosives Surface Clearance at the Former Lakehurst Proving Grounds and Bombing Targets (Site ZZ003) Joint Base McGuire- Dix-Lakehurst (JBMDL), Lakehurst, Ocean County, New Jersey.

Authority: Title 10 United States Code (U.S.C.) §3406(c)(3) as implemented in Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Amount: $750,000.00

Prepared by: Michael R. Duffy E-mail: Michael.R.Duffy@usace.army.mil

Phone: 256-895-1546 Date: 15 August 2025

Contracting Officer:

Melissa L. Watkins E-mail: Melissa.L.Watkins@usace.army.mil

Phone: 256-895- Date: 19 August 2025

Technical: Lindsey Miller

E-mail: Lindsey.W.Miller@usace.army.mil Phone:

Requirements:

Ashley Roeske E-mail: Ashley.E.Roeske@usace.army.mil

Phone:

mailto:Michael.R.Duffy@usace.army.mil mailto:Melissa.L.Watkins@usace.army.mil mailto:Lindsey.W.Miller@usace.army.mil mailto:Ashley.E.Roeske@usace.army.mil

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YOUNG.LEANDER.RODRE Digitally signed by

IKUS.1273286442

YOUNG.LEANDER.RODREIKUS.1273286442

Date: 2025.08.22 07:24:36 -05'00'

BRADDOCK.MELANIE Digitally signed by

.LELA.1393071229

BRADDOCK.MELANIE.LELA.1393071229

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

Program Manager/Program Executive Officer:

Ashley E. Roeske Phone: 256-424-1925 Program Manager E-mail: Ashley.E.Roeske@usace.army.mil

Small Business:

Leander Young Phone: 256-895-7416 Deputy, Office of Small Business E-mail: Leander.R.Young@usace.army.mil

Legal Counsel:

Melanie Braddock Phone: 256-895- Counsel E-mail: Melanie.L.Braddock@usace.army.mil

ROESKE.ASHLE Digitally signed by

277832069

ROESKE.ASHLEY.ELIZABET

H.1277832069

-05'00' mailto:Ashley.E.Roeske@usace.army.mil mailto:Leander.R.Young@usace.army.mil mailto:Melanie.L.Braddock@usace.army.mil

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FAR Part 16 Justification for an Exception to Fair Opportunity

1. Requiring Activity: Former Lakehurst Proving Grounds and Bombing Targets (Site ZZ003) Joint Base McGuire-Dix-Lakehurst (JBMDL), Lakehurst, Ocean County, New Jersey.

2. Contracting Activity: US Army Corps of Engineers, Engineering and Support Center, Huntsville, 300 Secured Gateway SE, Redstone Arsenal, Alabama 35806.

3. Description of Action: Request approval to award a new modification for supplying an Interim Holding Facility (IHF) at the Former Lakehurst Proving Grounds and Bombing Targets (Site ZZ003) Joint Base McGuire-Dix-Lakehurst (JBMDL), Ocean County, New Jersey. A Fixed Priced Task Order W912DY23F0336 was competed amongst the Chemical, Environmental and Munitions Response Unrestricted (CHEM-RU) Multiple Award Contracts and awarded to Environmental Chemical Corporation (ECC) under Contract W912DY-22-D- 0081 in the amount of $1,586,162.00 on 29 September 2023. The current task order expires on 28 September 2025; however, the Period of Performance (PoP) will be extended to allow completion of the surface clearance at JBMDL (upon negotiation prior to award) due to an official Stop Work Order being issued by the Contracting Officer due to the contractor uncovering of a suspected liquid filled item that appears to be chemical warfare materiel. This item retrieved by the U.S. Army Chemical, Biological, Radiological, Nuclear, Explosives (CBNRE) Analytical Remediation Activity was an LAK-25-010 75mm projectile containing 75% liquid fill, rendered safe fuse, and energetics. This required qualified Explosive Ordnance Disposal personnel to remove the munition and place it in a secured facility. This holding facility is not adequate for the storage of this type of munition and thus requires an approved IHF to meet US/Russia Treaty terms and conditions until it can be properly destroyed through an explosive system demilitarization by the Materiel Assessment Review Board (MARB) Team. This EFO will use FY25 O&M Funds and is only for the addition of the work to prepare the site (level, place the gravel and pads, place the IHF, connect it to power, add security fencing and a guard to secure the IHF and chemical round 24/7 until destruction is possible.

4. Description of Supplies/Services: This EFO is to add a requirement to perform site preparation, install an Interim Holding Facility IAW DoD, DA, and USACE regulations to include AR 190-11, DA Pan 385-61, Interim Guidance for CWM Responses and Related Activities, dated 1 April 2009, and NFPA Standards for the Installation of Lightning Protection Systems. Additionally, security fencing and 24/7 guard service that is necessary to support JBMDL secure a 75mm projectile containing suspected chemical warfare materiel until destruction is possible. The Contractor will have the ability to use the IHF should the contractor identify other suspected chemical munitions while performing the remaining surface clearance efforts under the original awarded performance work statement.

Period Period of Performance (POP) Estimated Value

IHF Install September - October 2025 $30K 24/7 Security October 2025 – September 2026 $720K

Estimated Overall Total Price $750K

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5. Authority Cited: Title 10 United States Code (U.S.C.) §3406(c)(3) as implemented in Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

6. Reason for Authority Cited:

a. Background: While performing a surface clearance, ECC discovered what appeared to be a liquid filled projectile. On 25 March 2025, a Stop Work Order was issued to immediately suspend all work on the task order. Suspension of work was required due to the potential risks for serious harm or loss of life that could come from a detonation of the suspected CWM. The U.S. Army Chemical, Biological, Radiological, Nuclear, Explosives (BRNRE) Analytical Remediation Activity was called in to identify the munition and retrieve

it. 14 April 2025 the CBRNE identified the suspected chemical munition as a (LAK-25-010) 75mm projectile containing 75% liquid-fill, rendered safe fuse, and energetics. Based on these factors and the condition of the fuse, it was determined it could be safely moved.

Recommendation was to store it in a proper IHF until an explosive system demilitarization (ESD) could be used to destroy the round safely. A determination has been made that the current IHF was deemed to be non-compliant with the required specifications for holding a CWM. No other bunker or magazine storage facility on the installation is acceptable thus a temporary certified IHF is required to be relocated and set up on the installation with 24/7 security due to the remoteness of area, no responders could get to the site on time if using an electronic detection system. This requirement is out of scope of the original PWS, however the item was found by the surface clearance contractor and this would be a logical follow-on task to enable the contractor to complete their work as they are familiar with the site and expected to complete the remainder of the surface clearance, and ensure the U.S.

Government is in compliance with the Chemical Weapons Convention Arms Control Treaty.

b. Alternatives: One alternative that was considered was to compete and award a new task order to do the siting plan, site prep, installation of the IHF, connection to power and add the security fencing and guard it 24/7. While this requirement could be issued under a separate competed Task Order under the CHEM-RU MATOC, the time and cost to do so is not in the Government’s best interest. It would take approximately 2 weeks to get the new Task Order Request for Proposal developed, approved, and issued, 30 days to allow the offerors to develop their proposal (which would require a site visit), and then upon receipt of proposals, evaluate, negotiate, and award that Task Order. After award another 60 days would be required to get approved work/safety/quality control plans in place before issuing a Notice to Proceed to mobilize and execute the work. This separate Task Order would also require additional oversight and administration efforts. The total estimated cost for all this could exceed $80,000 for the Government to award the effort that is expected to cost approximately $750,000.

An 8(a) direct award was also considered, but for it potentially taking slightly less time to award and lower costs for the effort to evaluate multiple proposals due to no competition necessary under the 8(a) program, the same reasons mentioned above for the additional time after award are still applicable and hence an award to an 8(a) is not a viable alternative as this IHF needs

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to be in place and operational by the middle of October 2025 to comply with the Chemical Weapons Convention Arms Control Treaty requirements.

In turn, if the Government executes a modification to the existing Task Order that ECC is performing under, the expectation is that the cost will be approximately $20,000. This would include issuing the RFP for the modification, evaluating the proposal, and modifying the Task Order. The contractor would only have to amend their work/safety/quality control plans to account for the work involved with the installation of the IHF which would reduce the Government’s review times significantly allowing the NTP to be issued in approximately 15 days and work to be completed by middle of October 2025. The fact that the contractor is on-site already, would reduce the costs because there would be no mobilization effort prior to starting work.

c. Impact if not approved: The Government must declare the munition in a compliant permanent location by November 2025 to prevent a violation of the Chemical Weapons Convention Arms Control Treaty administered by the Organization for the Prohibition of Chemical Weapons. If this EFO is not approved, the declaration will require the munition to remain in a non-compliant location, triggering additional inspections and scrutiny under the Treaty until the ultimate destruction of the munition.

7. Actions to Increase Competition: While this site was deemed a low risk for encountering any CWM items, on installations where CWM may have been used in the past, low risk or not, there will be an optional task added to each PWS to pre-price the effort to provide a working and secured IHF on site if CWM is encountered. This will ensure competition was obtained at the time of award.

8. Market Research: Market Research was conducted on 18 August 2025 in order to verify the initial Market Research dated 25 April 2023 (see in PCF under W912DY23F0336

– Lakehurst Surface Clearance) remained valid and relevant. The capacity was checked 18 August 2025 on the MATOC (see in PCF under P00001) and there is enough capacity remaining to increase the task order.

The original Market Research Report dated 22 May 2020 (see ChEM-RU Acquisition Strategy approval in PCF under W912DY-20-R-0016) provided for contracting knowledgeable personnel, reviewing catalogs and other generally available literature, sources sought synopsis, publicizing the contract action, and performing a query of the System for Award Management.

Market Research is continuously updated at the Task Order level.

This original PWS requirements were for surface clearance, the total estimate to complete the project was less than $1.6M with FFP CLINS. The Market Research performed still shows that the same contractors on the ChEM-RU MATOC can perform the work and there is remaining capacity available.

When originally awarded, the action was set-aside to the CHEM-RU Small Business MATOC holders as that was determined the appropriate contract vehicle to utilize. The ChEM-RU Small Business MATOC Pool consists of the following firms:

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Contract Number Company Large or Small Business

W912DY-22-D-0081 Environmental Chemical Corporation (ECC) Small W912DY-22-D-0082 HydroGeoLogic, Inc. (HGL) Small W912DY-22-D-0130 Dawson Solutions, LLC 8(a) SB W912DY-22-D-0131 EA Engineering, Science and Technology, Inc. SB

W912DY-22-D-0132 GSI MMRP JV, LLC SB

During the initial acquisition, the Contracting Officer reviewed the Product Delivery Team's (PDTs) supporting documents and the Federal Strategic Sourcing Initiative list. The reviews supported the Contracting Officer’s determination that none of the preferred sources were appropriate contract vehicles for the acquisition. In accordance with DFARS 210.001(a)(i), the Government reviewed the acquisition and determined the work was not a consolidation of current requirements.

The initial award of the Task Order was the result of a competitive, fair opportunity afforded to the Huntsville (HNCs) ChEM-RU, Multiple Award Task Order Contract (MATOC) Small Business Contractor Pool.

Based on the aforementioned, it is in the best interest of the Government to issue a Task Order Modification to Environmental Chemical Corporation.

9. Other Facts:

a. Procurement history. This was the first surface clearance requirement for this munitions response site, thus no prior task orders were issued for Former Lakehurst Proving Grounds and Bombing Targets (Site ZZ003) Joint Base McGuire-Dix-Lakehurst (JBMDL), Ocean County, New Jersey. As stated above this was a competed task order under the CHEM-RU MATOC to the Small Businesses. No protests occurred at the time of award and none are expected for this added effort.

b. Other facts. On past projects at this installation, however at different location/project sites, an IHF was also needed after those contractors identified CWM during field work. The projects occurred approximately in calendar year 2012 and 2016.

Prior history should have dictated this may be required, however the sites were expected to have CWM. The current site ZZ003 was not expected to have any CWM on site, thus the risk for encountering CWM was assumed to be very low. Unfortunately, historical documentation of some of our military installations prior land use and training efforts was not well documented, which results in these required actions that cannot always be planned for or prevented.

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832069

ROESKE.ASHLEY.E Digitally signed by

10. 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.

11.

ZABETH.127783206

Lindey Miller Project Manager

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.

Ashley Roeske Program Manager

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable. This determination will be made using historical costs under prior task orders for the use of an IHF at potential chemical sites. The price analysis will be performed in accordance with FAR 15.404(b) by a price analyst and the proposal pricing will also be compared to the independent Government estimate (IGE). As part of the basis, certified cost or pricing data will be required.

Digitally signed by

WATKINS.MELISSA.LYNN.1152587

LYNN.1152587437 437

Date: 2025.09.04 15:03:02 -05'00'

Melissa Watkins Contracting Officer

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

Digitally signed by

WATKINS.MELISSA.LYNN.115258

LYNN.1152587437 7437

Date: 2025.09.04 15:03:32 -05'00'

Melissa Watkins Contracting Officer

WATKINS.MELISSA.

WATKINS.MELISSA.