DOCUMENT
H -- FUEL CLEAN-UP - Attachment
- Notice Date
- 5/24/2013
- Notice Type
- Attachment
- NAICS
- 541620
— Environmental Consulting Services
- Contracting Office
- Department of Veterans Affairs;VISN17 Network Contracting Activity;7400 Merton Minter Blvd. (10N17/90C);San Antonio TX 78229
- ZIP Code
- 78229
- Archive Date
- 7/23/2013
- Point of Contact
- Nakaura Yusuf
- E-Mail Address
-
694-6295<br
- Small Business Set-Aside
- N/A
- Description
- DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1.Contracting Activity: Department of Veterans Affairs, VISN 17, Olin E. Teague VA Medical Center, Temple, Texas. Purchase Request 674-13-2-5169-0010 - (SP) Fuel Spill Clean-up 2.Nature and/or Description of the Action Being Processed: This is a request for other than full and open competition. As part of the Green Environmental Management System (GEMS) program, outside expert consultation is needed from time-to-time to support highly technical environmental issues. To support the interpretation of Texas Commission on Environmental Quality (TCEQ) regulations, Environmental Protection Agency (EPA) and local codes, expert consultation services are required. On September 18, 2010, a VA employee identified a diesel odor and observed diesel fuel in the intermittent stream located along the eastern property boundary. The VA notified the TCEQ of the release and contracted an environmental service company to abate, contain and remove released diesel fuel and affected soil. The presence of a large number of underground utilities and nearby buildings prevented the removal of all soil impacted by the diesel fuel release. Additional environmental expertise was requested via contract with Zephyr Environmental to provide consulting, reporting and correspondence to TCEQ. Prior submittals from Zephyr to TCEQ have been acceptable, but additional reporting and testing is required before VA is issued an official "closure" letter. We are requesting Zephyr Environmental Corporation, Austin Texas (telephone 512.329.5544) to remain as the environmental contractor to complete the project. 3.Description of Supplies/Services Required to Meet the Agency's Needs: Central Texas VA requests a service contract to cover the remaining spill clean- up monitoring and regulatory reporting requirements. The proposed awardee is Zephyr Environmental Corporation. The investigation and remediation of the diesel fuel spill falls under the jurisdiction of the TCEQ Remediation Division. These activities are performed in accordance with the Texas Risk Reduction Program (TRRP). Zephyr has experience with all aspects of this program. This program requires the following, as necessary: "Determine horizontal and vertical extent of contamination "Submittal of an Affected Property Assessment Report "Submittal of a Remedial Action Plan "Conducting remediation, as necessary "Submitting a Remedial Action Effectiveness Report, if necessary, summarizing remedial action over a three year period. "Submittal of a Remedial Action Completion Report. Zephyr will continue to provide the CTVHCS with consultation services to complete the remedial cleanup activities originating from the diesel fuel spill that occurred at the CTVHCS Boiler plant in 2010. The service includes the completion of required permits, reports and correspondence on behalf of CTVHCS to the Texas Commission on Environmental Quality, within the following timeframes: SCHEDULE FOR FUTURE ACTIVITIES ESTIMATED DATEACTIVITY Due 5/31/2013Prepare and submit the Remedial Action Plan. 8/2013Receive TCEQ comments on the RAP 9/2013Provide response to RAP comments to TCEQ 10/2013Receive TCEQ approval to implement RAP 11/2013Perform First Quarter groundwater monitoring 2014Perform four quarters of groundwater monitoring 2015Perform four quarters of groundwater monitoring 2016Perform three quarters of groundwater monitoring 12/2016Prepare Remedial Action Effectiveness Report (RAER) 1/2017Submit RAER 2/2017Deed record impacted area and submit information to the TCEQ 5/2017Prepare and submit Remedial Action Completion Report (RACR) 7/2017Receive comments from the TCEQ on RACR 8/2017Submit response to comments on RACR to TCEQ 9/2017Receive approval of RACR NOTES: "The dates provided above are estimates. "It may be possible to lessen the monitoring or it may be necessary to take a different course of action regarding remediation depending upon the results of the groundwater monitoring. "Upon completion of the three years of groundwater monitoring, Zephyr will prepare a Remedial Action Effectiveness Report (RAER) that will provide the results from the 12 quarters of groundwater monitoring and address whether the monitoring has been effective in determining whether the groundwater has been impacted by the overlying contaminated soil. "This report will be sealed by a Texas registered Professional Geoscientist than has overseen the activities conducted under the requirements of the RAP. The next step in the remaining process is the submittal of the Remedial Action Plan (RAP) that will be completed utilizing the TRRP form and format for submittal by May 31, 2013 for comment and approval by the TCEQ. The period of performance is April 25 2013 to 30 September 2017. 4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §253(c) (5), as implemented by FAR 6.302.5 ( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements; ( ) (2) Unusual and Compelling Urgency; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability, or Expert Services; ( ) (4) International Agreement ( ) (5) Authorized or Required by Statute; ( ) (6) National Security; or ( ) (7) Public Interest 5.Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority: As a result of the hazardous substance spill at the VAMC Temple petroleum impacted soil requires clean-up and remediation strategy over a (3) year period. The Texas Commission on Environmental Quality (TCEQ) gives us 60 days after the completion of the Affected Property Assessment Report (APAR) to complete our Response Action Plan (RAP), which is due no later than May 31, 2013. Failure to complete the RAP in a timely manner could result in an investigation by the TCEQ and in potential compliance issues under 30 TAC 335.4 General Prohibitions and imposed fines. In order to minimize further damage and penalties imposed by the state from the discharge of hazardous materials, and to comply with TCEQ and OSHA. Zephyr was selected to complete remaining phase of remedial clean-up and monitoring as they were the initial consulting firm contracted in 2010. Significant interest would be compromised by delaying award of this contract to complete emergency requirement. Zephyr has been identified as the only responsible source due to previous procurement history for this requirement. Zephyr is the only contractor who that can provide these services within a specified period of time to meet regulatory rules and standards. Zephyr provided the initial consulting, reporting, and corresponding under VA257-P-0667; however, additional reporting and testing is required. Pre the market research memo, a geoscientist from a competing firm may be reluctant to certify information which they did not previously collect or oversee. 6.Description of Efforts made to ensure that offers are solicited from as many potential sources as deemed practicable: Zephyr current has the required license and permits needed to continue work they also meet state regulation to perform services under this requirement. Zephyr ranked #10 in the category of environmental services firms and #6 of firms with fewer than 100 employees. Companies were ranked by an evaluation of policies, benefits, working environment, and a comprehensive anonymous survey of employees. 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated price to the Government is $ 187,400. In accordance with FAR 15.403-(3)(ii)(B) research was conducted to ascertain historical prices paid under comparable terms and conditions by the Government. Price comparison with the historical hourly rate found a 12% increase from previous procurement in 2010 and current 2013 published provided by Zephyr. Current rates were also compared to GSA published price list for similar labor categories and found pricing 15- 18% higher than list prices provided by Zephyr. Other factors considered were regulatory knowledge, lead time, service availability, history and knowledge of the CTVHCS. Through price evaluation prices are considered to be fair and reasonable. 8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted Market research was conducted through SBA Dynamic search and resulted in several companies as possible sources under tool NACIS code 562910. Mitigating factors such as Cost, Procurement Lead Time, Permits/License and possible violations and penalties should VAMC Temple fail to meet state required deadline of May 31, 2013 were considered. With the above considerations taken to account; it has been concluded that it is more advantageous to the government at this time to award to Zephyr. 9.Any Other Facts Supporting the Use of Other than Full and Open Competition: Zephyr has been identified as the only responsible source to perform these services within the specified period of time to meet regulatory rules and standards. The initial document of this contract, the Response Action Plan (RAP), is due to the TCEQ by May 31, 2013. Zephyr has completed the following parts of this requirement from previous contract awards: PRIOR ACTIVITIES COMPLETED BY ZEPHYR TO DATE DATEACTIVITY 10/27/2010Surveyed the site to observe the spill response activities and identify the source of the release to understand the operations and anticipated restrictions to the investigation of the extent of impact. 1/21/2011Submitted Proposal to prepare APAR 2/2/2011Project Awarded 2/15/2011Received Photos and data from TAS that performed the spill response. 2/18/2011Submitted notice to TCEQ of commencing APAR process 3/16/2011Receipt of TCEQ acknowledgement and notice to proceed 3/18/2011 to 6/30/2011Investigation to identify all impacted media requiring remediation, along with the horizontal and vertical extent of contamination. Zephyr performed soil, groundwater, surface water, and sediment investigations and determined that impacted soil remains in the area of the former day tank. Included in this investigation was the following: "Prepared Sampling and Analysis Plan "Prepared Health and Safety Plan "Identified the Chemicals of Concern (COC)and establishing the protective concentration limits (PCLs) for each COC applicable to soil, groundwater, sediment, and surface water. Calculated PCLs for total petroleum hydrocarbons. "Installed seven soil borings and temporary groundwater monitoring wells "Collected groundwater samples to identify impacts to groundwater. "Collected sediment and surface water samples from the area where storm water discharges from the site and where it enters Tarrant Lake. "Installed groundwater monitoring wells to identify upgradient and downgradient groundwater flow direction. "Collected and analyzed groundwater samples from permanent wells. "Evaluated the potential that residual diesel fuel remained in the storm water sewers. "Prepared notification to adjacent landowners for VA to send 6/30/2011 TO 3/1/2012Preparation of the Draft Affected Property Assessment Report (APAR) using the TRRP format that included: "Map of the affected area that demonstrates the impacted area is less than 0.5 acres. Zephyr carefully designed the investigation to help ensure that area met the "less than 0.5 acre" criteria that provides for a higher PCL or clean up level. "Determine and describe the regional and local geology of the site, including preparing soil boring logs and geologic cross-sections. "Summarize the spill response activities performed by another contractor. "Identification of water wells within a one/half mile radius of the impacted area. "Presented the analytical results for samples of environmental media that were collected. "Summarized the findings of the investigation with a recommendation for the next step in the TRRP process to prepare a Remedial Action Plan (RAP). 3/2012Submittal of the APAR to the TCEQ for review and approval with a schedule for the submittal of a RAP. 5/3/2012Received comments from the TCEQ 7/12/2012Submittal of a response to comments on the APAR to the TCEQ 7/24/2012Receipt of approval of the APAR from the TCEQ. 12/18/2012Request of extension for submittal of the RAP due to budgeting the project. 12/18/2012Received approval for extension to submit RAP by May 31, 2013. 10.Listing of Sources that expressed, in writing, an interest in the acquisition: None. 11.A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: None at this time. 12.Requirements Certification: I certify that the requirement outlined in this justification is a bonafide need of the Department of Veterans Affairs and 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, Title, FacilityDate 13.Approvals in accordance with FAR 6.304 a.Contracting Officer's Certification: (required) I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ____________________ Walter Epps, Lead Contract SpecialistDate b.NCM Review: I certify that the foregoing justification meets all of the statutory requirements for other than full and open competition. ___________________________ ___________________ Tan Brown, Supervisor Contract Specialist Date
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- File Name: VA257-13-D-0126 VA257-13-D-0126.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=774476&FileName=VA257-13-D-0126-000.docx)
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- File Name: VA257-13-D-0126 VA257-13-D-0126.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=774476&FileName=VA257-13-D-0126-000.docx)
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