Z--Justification for Other than Full and Open Competition

UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION AND WAIVER OF PUBLICATION REQUIREMENTS FOR VALLEY FORGE NATIONAL HISTORICAL PARK JUSTIFICATION AND APPROVAL (J&A) 1. Identification of the agency and the contracting activity. This document constitutes justification and approval for other than full and open competition for the acquisition described herein and it is executed on behalf of the National Park Service (NPS), Northeast Region (NER), Philadelphia, PA. 2. Nature and/or description of the action being approved. The National Park Service, Northeast Region (NPS NER), proposes to modify the existing contract P12PC20530 with Frontier Services, Inc. to perform additional work by way of excavation expansions for Hazardous Waste and Site Restoration at Valley Forge National Historical Park, King of Prussia, PA. 3. A description of the supplies or services required to meet the agencys needs (including the estimated value). The proposed modification will allow the contractor to provide all necessary labor, material, equipment, and supervision to complete additional work required to successfully excavate and restore areas of soil contaminated by toxic/hazardous materials such as asbestos, arsenic, lead, and mercury, along with several other chemical pollutants. NPS Denver Service Center (DSC) devised the statement of work (SOW) and originally set these operations up as unpriced options. The original contract was awarded competitively utilizing Source Selection procedures. A total of 12 modifications have been issued thus far for this particular contract in the amount of $2,481,947.89 primarily from exercising pre-priced options resulting in a contract total of $8,763,583.34. The Valley Forge Asbestos Release Site (Site) cleanup is being conducted under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The remedy chosen to clean up the Site was detailed in the Record of Decision (ROD) published by NPS in 1997. In the spring of 2010, the Commonwealth of Pennsylvania and the federal government reached a cost-sharing agreement and dedicated funds for the remediation of the Site. The Commonwealth of PA concurred with the remedy detailed in the ROD. NPS has been delegated lead agency status under CERCLA and is therefore responsible for ensuring the remediation is conducted in accordance with the ROD. The ROD identified shallow excavation and off-site disposal of contaminated soils as the selected remedy for the Site. This involves excavation of contaminated soils located within 2 feet of the ground surface, off-site disposal of excavated contaminated soils, reclaiming completed excavations with clean soils to restore pre-existing conditions, and implementing institutional controls (ICs) to manage certain areas where subsurface contamination (below 2 ft.) will remain on the Site. The ROD also identified the chemicals of concern (COCs) for the Site which are asbestos, metals (arsenic, lead and mercury) and several polycyclic aromatic hydrocarbons. The ROD established Remediation Goals (RGs) for each COC. RGs are numerical values above which unacceptable human health or ecological risks are present. Soil concentrations greater than the RGs indicate the soil poses unacceptable risks and requires removal and off-site disposal. Soil concentrations less than the RGs indicate the soil does not need to be removed. Finally, the ROD requires that verification tests be performed to ensure all contaminated soil located within 2 feet of the ground surface are removed from the Site. In 2012, NPS prepared a Remedial Design Report (RD Report). The RD Report was part of the contract documents provided to all contractors during the solicitation of this contract. The objective of the RD Report was to translate the ROD into specific technical requirements for the selected remediation contractor to follow to ensure the remedy outlined in the ROD will be achieved. Initial Site investigations identified 11 areas of concern (AOCs) within the Site. The RD Report presented excavation boundaries within the 11 AOCs that were based on extent of soil known to be contaminated with COCs above the established RGs. The initial excavation boundaries were developed based on analytical results available from previous site investigations. In accordance with the ROD, the RD Report also provides specific steps to be taken after each excavation is completed to the initial design dimensions (as presented in the RD Report). One of these steps is the collection of verification samples to be collected at specific intervals from the excavation floor and excavation sidewalls and analyzed for the COCs to determine if all contaminated soil present within 2 feet of the ground surface has been removed. If the verification samples indicate concentrations of any of the COCs are above the RGs NPS collects additional soil samples to delineate boundaries for the extent of additional contaminated soil present within the AOC. NPS prepares a new excavation boundary design based on the results of the verification and new boundary samples. The contractor has performed the necessary excavations and removed the contaminated soil as indicated in the initial design presented in the RD Report for this AOC (WCRN Reach 1 and 2). Analysis of verification samples indicate that contaminated soil remains along the excavation boundaries. NPS collected new boundary samples to delineate the extent of contaminated soil that remains within the WCRN Reach 1 and 2 AOCs. NPS has prepared revised excavation boundaries for this AOC based on the analytical results. The contractor will now need to perform additional remediation services in the area immediately beyond the initial excavation area established in the original design. The contaminated soil is located along upstream portions of a surface water body located within the AOC. This new work is on the critical path because the contractor cannot proceed with remediating areas located adjacent to the downstream portion of the surface water body (WCRN Reach 3) that is in the scope of the original contract until the additional contaminated soil located upstream is removed. NPS was made aware of this on June 27, 2014. This current modification will increase the total contract price in the amount of $722,000.00 from $8,763,583.34 to $9,485,583.34. 4. Identification of the statutory authority permitting other than full and open completion. Federal Law 41 U.S.C. 253, as implemented by Federal Acquisition Regulation (FAR) 6.302-2, authorizes under certain conditions, including unusual and compelling urgency, contracting without providing for full and open competition. 5. Demonstration that the proposed contractors unique qualifications or the nature of the acquisition requires use of the authority cited. Frontier Services is highly familiar with the excavation process since they have performed these services in the past. Furthermore, the contractor is currently mobilized on the site, and if the services of another contractor were to be procured, the government would incur additional costs associated with mobilization/demobilization of their equipment, staff, and site possibly at the cost of several hundreds of thousands of dollars to the government. Additionally, the area that now requires further excavation is on a critical path, as it lies upstream of the AOC identified as WCRN Reach 3. Remediation of downstream areas cannot be completed until upstream areas have been completed (otherwise the potential exists for contaminated soil located upstream to be transported and re-contaminating cleaned-up areas downstream). Therefore, the contractor is currently at a stand-still and is incurring costs as a result of the delay. These costs will ultimately be transferred back to the government. The COR estimates that the projected cost of this delay is $7,700 per calendar day. Upon execution of the modification and once the additional excavation commences, the total projected time for project completion at this particular stage will last from 4-6 weeks taking into consideration the possibility for any inclement weather. 6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. Frontier Services Inc., has performed the work in the proposed modification many times already. The newly discovered area is on the critical path and it needs immediate attention. It has been determined that the urgently needed services described in paragraphs three and five above can only be furnished in the required time frame by the incumbent contractor, Frontier Services, Inc. who is currently mobilized and performing the work at the Valley Forge. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. At the time of award, the Contract Specialist met with the Project Manager of Valley Forge Site, and determined that their proposal was 7.5% below the government estimate. The negotiation team performed a price comparison and determined that the price set forth was considered to be fair and reasonable in accordance with FAR 15.404-1(B)(2)(v) The rates that utilized for the proposal regarding the new excavation will not change from the rates utilized at the time of contract award. 8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. It has been determined that Frontier Service, Inc., as set forth in paragraphs 5 & 6 above, who is currently mobilized and performing the excavation services at the site in Valley Forge is the only firm capable of performing the required excavations in the required time frame. Therefore, market research was not conducted for these additional excavations and analyses to preclude any potential lapse in site care and maintain the continuity of operations. The mission of the National Park Service to ensure that Valley Forge National Historical Park be remediated and successfully rid of all potentially harmful and hazardous chemical which lie beneath its soil for the safety and well-being of not only the tourists but also those individuals in the surrounding areas. 9. Any other facts supporting the use of other than full and open competition. Time constraints associated with synopsis would seriously delay this contract action. 10. A listing of sources, if any, that have expressed, in writing, an interest in the acquisition. It is impracticable to solicit sources other than Frontier Services, Inc. due to the time constraints and the critical nature of the required services. Frontier Services has been performing satisfactorily. 11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required. Due to its unusual and compelling urgency this procurement is a one-time exception to the practice of procuring services through full and open completion. Adequate controls are in place to ensure that subsequent acquisition of services is through full and open competition. APPROVAL Based on the above and in accordance with FAR 6.302-2 (b) (2), this justification and approval is accurate and complete to the best of my knowledge. Submitted by: Neil Gilligan, CONTRACTING OFFICER Date Patrick Breen Date WASO Bureau Competition Advocate