JA.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR:

SUPPLEMENTAL CHARACTERIZATION

PHASE III EVALUATION

RESPONSE ACTION OUTCOME STATEMENT

and

ACTIVITY USE LIMITATION SERVICES

at the

Lonczak Drive Downgradient Area Former Westover Air Force Base

Sheridan Street Chicopee, Massachusetts

FS Engineers, Inc.

In Support of DERP/FUDS Program

D01MA0006

CONTRACTING DIVISION

U.S. Army Corps of Engineers

New England District

July 22, 2015

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY:

The U.S. Army Corps of Engineers Contracting Office, New England Contracting District, 696 Virginia Road, Concord, MA 01742.

2. DESCRIPTION OF ACTION:

The action being proposed is a sole source, firm fixed price, new stand alone ‘C’ architect-engineer (AE) contract with FS Engineers, Inc. (FSE), a small disadvantaged business, through the issuance of solicitation W912WJ-15-R-0032. The action is required to perform AE services to close out the project. The project is funded by the Defense Environmental Restoration Program/Formerly Used Defense Site (DERP/FUDS) program.

FS Engineers, Inc. was awarded Task Order 0006 under its W912WJ-11-D-0004 IDIQ AE contract for the purpose of completing environmental compliance work at the Lonczak Drive Down-gradient Area (LDDA), Former Westover Air Force Base, Chicopee, Massachusetts.

Prior to issuance of Task Order 0006 and, as a result of administrative inadvertence, an option to extend the IDIQ contract was not timely exercised. Task Order 0006 was within the scope, within the maximum value of the IDIQ contract, and within the potential ordering period of the IDIQ contract had the options been exercised timely. In the interest of transparency, in an abundance of caution, and to prevent any continued actual or apparent irregularities, the Government is terminating for convenience IDIQ W912WJ-11-D-0004 and replacing it with a new stand alone ‘C’ architect-engineer (AE) contract.

This action is identified solely as a means to perform AE services in support of DERP/FUDS project. FS Engineers will not perform work for any other project or program under this specific contract action. The scope of this contract is estimated to be $400,000.00. This figure includes the remaining balance on Task Order 0006 of $73,735.33 and $326,264.67 of additional work to complete compliance activities necessary for project closure, which is within the scope of the original contract task order. The additional work was anticipated at the time of Task Order award with an expectation that an in-scope modification would later be executed towards the overall goal of site closures. The estimate for the remaining $73,735.33 balance of the existing Task Order 0006 is based on the negotiated terms of the task order and the remaining work that needs to be done, which includes all costs associated with the contract, including contingencies. The additional work, consisting of field sampling/site characterization work necessary for the completion of the other items of the original Task Order is estimated at $326,264.67 for a total of $400,000.00.

The anticipated plan of action for the new contract is to award the $73,735.33 of remaining work on Task Order 0006, while the $326,264.67 of additional work would be negotiated and added later in the fiscal year as a modification when the contractor identifies the additional sampling that will be required under the changed requirements of the Massachusetts Contingency Plan (MCP). The current work involves additional characterization, preparing documents in accordance with the MCP to include a MCP compliant Phase III Evaluation (Feasibility Report), Response Action Outcome (RAO) Statement, and Activity Use Limitation (AUL) with the ultimate goal of achieving project closure and compliance.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The work consists of providing the full range of MCP compliant deliverables, to be developed and overseen by a Massachusetts Licensed Site Professional (LSP) of Record (from the Contractor’s staff). The services shall include, but not be limited to providing:

a) LSP of Record FS Engineers has already assigned a LSP of Record for this site. This is a State requirement, the LSP’s are certified by the State to oversee that hazardous waste cleanup efforts are conducted in accordance with 310 CMR 40.000, known as the MCP.

In 1993, Massachusetts created a program that privatized the cleanup of hazardous waste sites in the Commonwealth. LSPs are authorized by the Commonwealth to work on behalf of property owners, operators, and other responsible parties to oversee the assessment and cleanup of contamination. LSPs are scientists, engineers, and public health specialists with significant professional expertise in oil and hazardous material contamination. LSPs are governed by the Massachusetts Board of Registration of Hazardous Waste Site Cleanup Professionals, also known as the LSP Board. Parties who are responsible under Massachusetts law for assessing and cleaning up confirmed and suspected hazardous waste sites must retain an LSP to oversee the assessment and cleanup work to bring a site into compliance with the MCP. The LSP's role is to direct all aspects of the assessment, characterization, and, to the extent necessary, the cleanup process in a manner consistent with the requirements of the MCP and other relevant regulations and laws. In doing this, the LSP renders professional opinions at specific phases of the process, often referred to as LSP Opinions.

b) MCP Requirements for Non-Aqueous Phase Liquids (NAPL) sites The LSP must be knowledgeable with the recent changes in the MCP regarding oversight and closure requirements of NAPL sites.

c) Supplemental Field Sampling for NAPL Characterization (additional work) this work was not included in the initial task order with FS Engineers; however, the initial task order included field characterization as an in-scope activity. The requirement surfaced during the summer of 2014 as FS Engineers and the USACE PDT were attempting to identify how the recent changes in the MCP (specifically with regards to NAPL sites) impacted the characterization accomplished to date. The proposed supplemental field work is to fully characterize the NAPL vertical data gaps resulting from changes in the MCP (prior work focused above the water table, the MCP now requires more detailed characterization at depth). This additional work is required before the remaining work under (d) and (e) below can be accomplished. The plan is to use the Membrane Interface Probe (MIP) to screen the areas with data gaps, followed by performing soil borings/taking soil samples based on the MIPS results, perform well installation, and then take seasonal water levels/groundwater samples. This work is critical and necessary in order to achieve project closeout; accordingly, it cannot be parceled out (or be obtained by under a separate contract action) because in doing so we will undermine the LSP’s ability to be accountable for the end product (project close-out).

d) Phase III Evaluation (Feasibility Study/Response Action Outcome Statement) The contractor shall complete a MCP compliant Phase III Evaluation (Feasibility Study) pursuant to 310 CMR 40.0850. Assume that the outcome of the evaluation is that no feasible permanent solution exists and the Class C-1 RAO will result. The contractor shall complete a MCP compliant Response Action Outcome Statement, pursuant to 310 CMR

40.0000. The RAO statement shall summarize all investigation and remedial activities conducted at the site to date.

e) Activity Use Limitation (AUL) An AUL (or deed restriction) is required if contaminants are left on the site. No work on the AUL task has been initiated at this time; however, FS Engineers already has the institutional knowledge to efficiently prepare the AUL.

4. AUTHORITY CITED:

10 U.S.C. 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a)(2)(iii), for DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in –

A. Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

B. Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C.2304(d)(1)(B).)

5. REASON FOR AUTHORITY CITED:

(1) Background:

FS Engineers, Inc. was awarded Task Order 0006 under its W912WJ-11-D-0004 IDIQ AE contract for the purpose of completing environmental compliance work at the LDDA, Former Westover Air Force Base, Chicopee, Massachusetts. The scope involved additional characterization, developing a Supplemental Nature and Extent Characterization Evaluation Report, and preparing documents in accordance with the Massachusetts Contingency Plan (MCP) to include a MCP compliant Phase III Evaluation (Feasibility Report), Response Action Outcome (RAO) Statement, and Activity Use Limitation (AUL) with the ultimate goal of achieving project closure and compliance.

The LDDA is located in the southwestern portion of the former Westover Air Force Base (WAFB) in Chicopee, Massachusetts. The WAFB is a Formerly Used Defense Site (FUDS) and is being investigated, remediated and reused. The site is part of the Westover Metropolitan Development Corporation’s Airpark-West Industrial Park.

Prior to the termination for convenience of the Government of this task order, FS Engineers had completed

(2) Justification:

As the LSP of Record, FS Engineers is providing highly specialized services to the project. FS Engineers’ successful completion of work to date for this project demonstrates its unique, specific, and detailed knowledge of the requirements associated with this project, including:

If this project is solicited competitively or under an existing IDIQ/new task order, there will be unacceptable delays (adding to the already experienced 15-month delay) to the completion of the work, along with substantial duplication of costs that will not be recovered through competition.

Should a different contractor be selected as a result of such an action:

time and money would be spent “relearning” the existing conditions, obtaining and assigning a LSP of Record and obtaining the necessary site knowledge before work could commence, and re-developing work plans. This would amount to substantial duplication of contractor costs up to $50,000.00, which represents almost 2/3 of the value of the remaining work totaling $73,735.33.

the schedule would be extended up to another 9-12months for solicitation (under the existing IDIQ/new Task Order scenario), familiarization with the historic work accomplished to date, and developing new work plans. This is added to the already experienced 15-month delay addressing the termination of the prior contract and the regulatory framework dialog.

the cost of USACE procurement and contracting oversight, technical discussions and technical dialog to agree with the new LSP’s close out strategy, and re-review and re-approval of work plans would be duplicated. These costs are estimated at $36,000 and is derived as follows:

- Procurement/Solicitation ETL& Contracting 8.0k

- Technical Discussions w/ PDT & site visits 12.0k

- Coordinate New LSP closeout Strategy 9.0k

- Work Plan Review Approvals 7.0k

Total $36.0k

Accordingly, FS Engineers is the only responsible source to complete the services in terms of total cost, schedule, and product quality for this project. It is in the best interest of the government to sole source to FS Engineers.

(3) Impact:

If this Justification and Approval is not approved, there will be a duplication of costs and unacceptable delays as explained above in the justification, due to duplication of work already performed, and delays to the subsequent project, putting the ability to obligate programmed funds for this project at risk and potentially causing undue impact to the DERP/FUDS program and associated mission. The March 1, 2013 directive from the Office of the Under Secretary of Defense for the DERP/FUDS mission is to have 90% of all IRP/HTRW projects be at “Remedy Complete” (RC) by 2018.

Substantial Duplication of Cost that is not expected to be recovered through Competition

These costs include effort by the Government and by a new AE for the following:

development of a new solicitation and procurement of a new contract: ~$35,000 contractor orientation, initial kickoff meeting: ~$8,000 validation of previous work, review and recalculation of design analysis sufficient to allow certification as designer of record: ~$50,000 documentation of existing conditions and site investigations/building evaluations:

~$20,000

Unacceptable Delays in fulfilling the Agency’s Requirements

New England District investigated access to FS Engineers using other potentially available contracts throughout the USACE, however it was determined that there are none currently available that allow for the services needed.

(A) Solicitation New A-E The New England District estimates the delays and impacts associated with openly competing a new requirement (new solicitation) ) for the remaining work of Task Order 0006 and the additional sampling work would be up to approximately 11-months minimum to 14-months maximum, including:

Five (5) months for soliciting and awarding a new A/E contract (EP 715-17, Appendix 7 indicates a typical duration for the solicitation and award of an A/E contract is 145 days);

three (3) months for the awardee to develop the necessary background and skill sets necessary to familiarize itself with the project including review of site documentation, site visits and to meet with USACE and Westover MDC, and form his/her own LSP strategy for site closure;

a range of three (3) through six (6) months for the new LSP of Record and the USACE PDT to discuss and agree on a new/revised strategy for project closure. The MCP delegates the responsibility for all project remedial activities to be overseen by the LSP of Record to include the development of the project’s close out strategy.

There is a high probability that every LSP will have a unique opinion on that strategy. It is not unconceivable that the ideas for closure could be very different, if not extremely divergent. In that case, the impact would be additional labor resources (60 engineer hours or $10k) and additional delays (2-months) for the USACE PDT and the new LSP to come to mutual agreement on the new project closure strategy.

Impacts include:

The schedule to complete work would be extended by up to 11-14 months thereby negatively impacting the DERP/FUDS mission.

Although full and open competition may appear to be suitable, the delays and impacts mentioned above would cause significant additional costs. Approval of this Justification and Approval for a sole source, new stand alone ‘C’ contract would avoid the unacceptable delays and impacts outlined above.

(B) Solicitation Existing IDIQ – New Task Order The New England District estimates the delays and impacts associated with using an existing IDIQ contract, new Task Order for the remaining work of Task Order 0006 and the additional sampling work would be up to approximately 9-months minimum to 12-months maximum, including:

Three (3) months for awarding a new task order under an existing IDIQ. The duration is derived as follows:

- Acquisition Strategy Meeting & Plan approval 3 weeks

- RFP/Develop Proposals/Site Visit/Negotiations/Award 10 weeks

13 weeks 13 weeks /4.33 week/Month = 3-months three (3) months for the awardee to develop the necessary background and skill sets necessary to familiarize itself with the project including review of site documentation, site visits and to meet with USACE and Westover MDC, and form his/her own LSP strategy for site closure;

a range of three (3) through six (6) months for the new LSP of Record and the USACE PDT to discuss and agree on a new/revised strategy for project closure. The MCP delegates the responsibility for all project remedial activities to be overseen by the LSP of Record to include the development of the project’s close out strategy.

There is a high probability that every LSP will have a unique opinion on that strategy. It is not unconceivable that the ideas for closure could be very different, if not extremely divergent.

Impacts include:

The schedule to complete work would be extended by up to 9-12 months thereby negatively impacting the DERP/FUDS mission.

Although a new existing IDIQ, new Task Order may appear to be suitable, the delays and impacts mentioned above would cause significant additional costs. The use of the New England District in-house labor resources was considered but determined to be impractical. The one LSP on staff is over-resourced; additionally, the in-house staff’s field sampling capabilities cannot conduct this type of field sampling and all analytical work would need to be contracted out. Approval of this Justification and Approval for a sole source, new stand alone ‘C’ contract would avoid the unacceptable delays and impacts outlined above.

6. EFFORTS TO OBTAIN COMPETITION:

As stated in paragraph 5, above, FS Engineers is the only responsible source to complete the remaining work that can provide the most efficient and effective approach for meeting DEP/ FUDS mission. A full and open competition or use of an existing IDIQ/new task order for this action would introduce unacceptable delays in work. FS Engineers is a Small Disadvantaged Business and this supports the goal of the Federal Government in placing opportunities for the small business programs. Although a secondary consideration, full and open competition would result in a substantial duplication of costs to the Government that would not be expected to be recovered through such competition.

7. ACTIONS TO INCREASE COMPETITION:

The New England District (NAE) is one of two designated HTRW Design Centers for the North Atlantic Division (NAD). NAE is also the FUDS program and project management district for NAD. NAE is tasked to provide a full range of environmental investigative, evaluation, and design services to complete assigned missions that include but are not limited to the Superfund, BRAC, and FUDS programs.

New England District is in the process of soliciting for additional HTRW AE IDIQ contracts.

The contracts to be acquired are to replace five recently expired HTRW AE IDIQ contracts. The recommended approach, which is presently under headquarters review, will be to solicit eight new contracts with a total value not to exceed $40M. These will include two unrestricted contracts at a total value of $10M each; two Small Business Contracts at a total value of $5M each, and up to four socioeconomic small businesses (SDVOSB, EDWOSB, and/or 8(a)) contracts, at a total value of $2.5M each. All contracts will have a five-year ordering period.

The small business considerations were based on the results of a Market Survey that were received by a Sources Sought announcement (closing date of 5 September 2014.) Of the responses received, twelve Small Business firms demonstrated the capabilities to perform the proposed work with the following small business concerns represented: three 8(a); zero HUBZone; three Service-Disabled Veteran-Owned; and six Economically Disadvantaged Women-Owned.

Solicitation is expected to be issued in third quarter of FY15 with award anticipated in fourth quarter.

8. MARKET RESEARCH:

A Notice of Intent to award a sole source follow-on contract was synopsized on December 10, 2014, and published for the required fifteen days on Federal Business Opportunities with no responses. Past history and market research indicates that there are AEs with design phase services experience, but no other contractor will be able to address specific site issues and facility specifications, in a timely (and cost effective) manner. This Justification and Approval for other than full and open competition will be made publicly available on the Federal Business Opportunities website.

9. INTERESTED SOURCES:

There were no interested sources in response to the Notice of Intent.

10. OTHER FACTS:

The need for this Justification and Approval is based on the need for FS Engineers to perform the design services, based on the specialized experience and capability they possess. FS Engineers was previously awarded the original IDIQ Contract, W912WJ-11-D-0004, for AE services, Task Order 0006, specifically for project closeout support under the MCP. The proposed contract is a follow-on/completion contract that incorporates the remaining work under task order 0006, to include required in-scope modification for additional sampling.

11. TECHNICAL CERTIFICATION: Include the following statement:

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: Peter Hugh DATE: _________________________

TITLE: Project Manager SIGNATURE:_ __________________

HUGH.PETER.12285

89884

Digitally signed by HUGH.PETER.1228589884 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HUGH.PETER.1228589884 Date: 2015.07.22 11:27:21 -04'00'

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: Scott E. Acone, P.E. DATE: _________________________

TITLE: Chief, Engineering/Planning Division 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. Proposed prices will be compared to the independent government estimate that has been developed using historic costs for similar projects. Certified cost or pricing data will be requested if determined to be necessary.

NAME: Jessica M. Kidd 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: Jessica M. Kidd DATE: _________________________

TITLE: Contracting Officer SIGNATURE:

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of a firm fixed price, new stand alone ‘C’ Architect Engineer contract with FS Engineers, Inc. on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), subject to the availability of funds, and provided the services herein described have otherwise been authorized for acquisition.

NAME: Jessica M. Kidd DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

LACROIX.GARY.R.1228527463

Digitally signed by LACROIX.GARY.R.1228527463 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LACROIX.GARY.R.1228527463 Date: 2015.07.23 13:31:16 -04'00'