SoleSourceJ AW912EP15R0024.pdf

Control Number: CESAJ-CT 15-14

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Jacksonville District.

2. DESCRIPTION OF ACTION: Approval is being requested for a negotiated firm-fixed price contract to the Desert Research Institute, Nevada System of Higher Education to conduct a 2015-2017 Groundwater Monitoring Project for the Modified Waters Delivery to Everglades National Park Project, Miami-Dade County, Florida. The estimated value of this requirement is $599,000.00. The Civil Works funding has been committed under PR&C No. %50929871.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION: The overall objective of the Modified Waters Delivery Project is to improve the timing and volume of water deliveries from existing conveyance structures to the Everglades National Park. This requires operation of pump stations to transport water to the Everglades National Park, but also to maintain flood protection to adjacent developed areas. A two-year operational test of the S-356 pump station on L-29 Canal will be conducted to evaluate surface water conveyance and seepage management along L-29 and adjacent areas in the Everglades National Park. Hydrogeologic conditions prior to and during the operational test will be monitored at existing instrumented wellfields located north (along the L-30 canal and Water Conservation Area-3B) and south (along the L-31N canal and Everglades National Park) of the pump station.

Monitoring wells are equipped with sensors to measure groundwater level, flow velocity and direction, and temperature. Sensors that measure groundwater flow velocity and direction were developed and constructed for this project application, and are not available as commercial off the shelf (COTS) technology. Groundwater sensors in two wells will be upgraded to accommodate newer components of the data acquisition system. Sensors transmit data via existing telemetry to an internet-based portal for real-time evaluation of raw data. Subsequently, raw data are evaluated using a quality control process approved previously by the U.S. Army Corps of Engineers. The components of this Groundwater Monitoring Study are integrated, consisting of sensors for measurement, transmission, real-time presentation, and quality control evaluation. Based on this information, the Geotechnical Branch is requesting this Groundwater Monitoring Project to be conducted from 2015 to 2017. This work will be contracted as a one-year base with one-year option.

4. AUTHORITY CITED: 10 U.S.C. §2304(c)(1), Federal Acquisition Regulation 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This is a follow-on contract for work that was performed previously. The Desert Research Institute is the only contractor that can perform this work because the same procedures and methods must be followed and completed for consistent acquisition of accurate data in real-time. Data acquired during the proposed 2015-2017 Groundwater Monitoring Project must be comparable to data obtained earlier n order for either set of data to be comparable and useful.

5. REASON FOR AUTHORITY CITED: REASON FOR AUTHORITY CITED: Groundwater level and flow data have been measured at the L-30 and L-31N instrumented wellfields since September 2010, in support of several different U.S. Army Corps of Engineer Projects. Between September 2010 and November 2011, data were acquired by the main contractor, Cardno-ENTRIX with web portal and data quality control activities subcontracted to the Desert Research Institute.

Between October 2012 and August 2014, project lead activities were contracted to the Desert Research Institute with field sampling and field operations and maintenance activities subcontracted to Cardno-7-1

ENTRIX. Cardno-ENTRIX is now known as Cardno. It was anticipated that the operational test of the S-356 pump station would occur during the 2012-2014 period, but the test was delayed due to unresolved legal issues. Those issues are now resolved, so the 2015-2017 Groundwater Monitoring Project will acquire data that can be compared to baseline conditions defined during the 2010 to 2014 projects. It is important that the proposed monitoring effort be conducted by the same field team in the same manner, using the same personnel, equipment, methods of data acquisition, and data quality control processes. This approach will reduce the risk of variability in results, and is more cost-effective than initiating this project with a new, untested team.

The Desert Research Institute (DRI), the non-profit research campus of the Nevada System of Higher Education, is a world leader in environmental sciences through the application of knowledge and technology. DRI is the only organization that is qualified to lead the maintenance and data acquisition of the groundwater velocity measurement systems in place at this study area. These measurement systems are not COTS instruments but were designed and built by scientists who are DRI employees specifically for measuring aquifer hydrodynamics. DRI personnel have developed the procedures and written software code to calculate groundwater velocity and direction from this system. The familiarity of the DRI scientists with the instrumentation combined with ready access to the data stream in real time enables them to diagnose malfunctions, calibrate sensors, assess data quality, and implement corrective actions by field staff. Other potential sources in the environmental monitoring industry do not have the system or operational knowledge of the instruments as this knowledge is proprietary information.

DRI personnel have also developed the Acuity System that integrates data telemetry, storage, quality control, and visualization into a single service. This integrated service streamlines the ability of project personnel to manage data, including providing easy to use tools to perform regular data quality adjustments and web-based access to all real-time data by project personnel with more limited access by the public. Neither DRI or Cardno entities can complete this project individually.

DRI is the lead on the data acquisition, data transmission, and data quality assurance tasks. Cardno is the lead on field sample collection and wellhead rehabilitation tasks. Because of Cardno's specific but limited capabilities, Cardno is now incapable of acting as Prime for this project.

6. EFFORTS TO OBTAIN COMPETITION: A synopsis of the intended procurement was published as required by FAR 5.203. A Notice of Intent to Sole Source was posted on FBO on 23 May 2015 for fifteen (15) days, no responses were received.

7. ACTIONS TO INCREASE COMPETITION: Any changes in sampling design, procedure or operational consistency during the 2015-2017 period will result in increased biases that can negate the statistical validity and of the previous and current monitoring programs. Changes also will increase uncertainty in comparison of baseline hydrologic conditions with test hydrologic conditions.

Without consistent monitoring and data evaluation, effects of pump station operation on the hydrologic conditions in the Everglades National Park and the adjacent developed areas cannot be accurately assessed. Based on this information, competition is not feasible.

8. MARKET RESEARCH: A market survey was performed to determine the availability of sensors that measure groundwater flow velocity and direction, and that these data are embedded in an integrated system for data acquisition, transmission, and quality control evaluation. Sensors, and integrated data acquisition systems for sensor data, are not commercially available as off-the-shelf items.

9. INTERESTED SOURCES: The Desert Research Institute, of the Nevada System of Higher Education.

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10. OTHER FACTS: Previous contracts are Contract W912EP-06-D-0015, task order 0006 awarded to Cardno ENTRIX on 26 September 2009 as a task order on an Indefinite Delivery Indefinite Quantity contract to Cardno ENTRIX. Contract W912HZ-12-C-0048 was awarded to the Desert Research Institute on 27 September 2012 in response to Broad Area Announcement BAA 12- 5022.

11.CERTIFICATIONS:

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: June E. Mirecki Date: 17 June 2015

Title: Geologist Signature: _______________________

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: June E. Mirecki Date: 17 June 2015

Title: Geologist Signature: _______________________

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Fair and Reasonable Cost Determination:

This acquisition has been determined to be for the purchase for commercial services as defined in FAR

2.101. Because this acquisition is for commercial services, FAR 15-404-1(b) “Price analysis for commercial and non-commercial items” will be used to determine price reasonableness. The Price Analysis technique at FAR 15.404-1(b)(2)(v) will be used to determine fair and reasonable pricing; the proposed prices will be compared with the Independent Government Estimate (IGE). The IGE has been prepared and approved in accordance with all Federal regulations. This requirement is exempt from the requirement of certified cost or pricing data in accordance with FAR 15.403-1(b)(3) which states the Contracting Officer shall not require certified cost or pricing data to support any action when a commercial item (or service) is being acquired. Based on the discussion above, I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Typed Name: Beau Corbett Date: 17 June 2015

Title: Contracting Officer Signature: _______________________

Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval.

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

Typed Name: Beau Corbett Date: 17 June 2015

Title: Contracting Officer Signature: _______________________

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Approval:

Based on the foregoing justification, I hereby approve the procurement of Groundwater Monitoring Project for the Modified Waters Delivery to Everglades National Park Project, Miami-Dade County, Florida on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: Beau Corbett Date: 17 June 2015

Title: Contracting Officer Signature: _______________________

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