JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Soil Absorption System Upgrade of Septic Systems, Training Area 9A South Post, USAG Fort Devens, Massachusetts Solicitation No. W912WJ-17-B-0011 1. CONTRACTING ACTIVITY Control No. NAE-17-04 U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742. 2. DESCRIPTION OF ACTION Approval is requested to provide a brand-name soil absorption system for the construction project to upgrade two existing septic systems at Training Area 9A on U.S. Army Garrison (USAG) Fort Devens' South Post. The Enviro-Septic Wastewater Treatment System by Presby Environmental, Inc. from Whitefield, New Hampshire is proposed to be furnished and installed as part of the upgrades to the existing septic system. The construction to upgrade the existing septic systems is to be awarded via an 8(a) sole source set-aside procurement with Kelly Construction Services, Inc. (KCS) of Enfield, Connecticut under solicitation number W912WJ-17 R-0016. It is solicited as a stand-alone contract and is not reliant on any other procurement to provide a fully functional system. The Enviro-Septic Wastewater Treatment System is essential to the Government's requirements, and precludes consideration of a product manufactured by another company. The estimated cost of this wastewater treatment system is $120,000. Funding for this acquisition will be from the FYI 7 funding appropriation number 021/2080. This J&A covers only the portion of the acquisition which is brand-name or peculiar to one manufacturer. 3. DESCRIPTION OF SUPPLIES/SERYICES The Enviro-Septic Wastewater Treatment System will be used as the upgraded septic systems leaching fields (soil absorption areas). The brand name wastewater treatment system is required to properly treat and dispose of sewage onsite without the need to include an expensive pressure distribution system to pressure dose the leaching fields. 4. Authority Cited 10 U.S.C. - 2304(c)(l), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(c), Application for Brand Name Descriptions. In accordance with FAR 6.302-1(c), the Contracting Officer will specify that all offerors be required to procure items peculiar to one manufacturer (brand-name item). 5. REASON FOR AUTHORITY CITED Background: Prior to 2011, Training Area 9A was an open area used as a bivouac site for field training exercises. The site allowed for setting up two portable latrines at separate locations, each on its own concrete pad. Each concrete pad had a drain port to allow for direct discharge of sanitary sewage into a gravity fed septic system. Each septic system was designed to handle up to 1,000 gallons of sanitary sewage flow per day and consisted of one 3,000 gallon septic tank, a distribution box, and five stone and pipe leaching trenches. In late 2010, Natick Soldier System Center's Base Camp Systems Integration Laboratory (SIL) established a 140-person base camp at Training Area 9A to assess new technologies to help in the effectiveness and efficiency of base camp operations. The change in use for the site had caused an increase in daily sanitary sewage flow to each septic system from 1,000 gallons per day (GPD) to 4,900 GPD. To handle the increase in daily sanitary sewage flow, the existing septic systems required a complete upgrade, to include a significant increase in the size of the footprint for each leaching field. - In early 2011 USAG Fort Devens awarded a contract for the design to upgrade the existing septic systems based on the increased daily sanitary sewage flow. The awarded contractor, Security Construction Services from Hudson, Massachusetts, solicited MHF Design Consultants, Inc. from Salem, New Hampshire as their subcontractor to prepare the design. The design incorporated the Enviro-Septic Wastewater Treatment System to be used to upgrade the existing leaching fields. However, to eliminate the use of the Enviro-Septic Wastewater Treatment System a design was put forth to the Massachusetts Department of Environmental Protection (MassDEP) to replace the proprietary system with standard gravity fed stone and pipe leaching fields. Justification: Based on a letter from the Massachusetts Department of Environmental Protection (MassDEP), dated July 14, 2017, the MassDEP has deemed the use of a gravity fed aggregate stone and pipe leaching bed not acceptable for sanitary sewage flows in excess of 2,000 gallons per day (GPD) and requires the use of a pressure distribution system. MassDEP's letter also noted that the Enviro-Septic Wastewater Treatment System is the only gravity fed system that meets the criteria for exemption from use of a pressure distribution system. The decision to use a pressure distribution system or any other proprietary alternate systems will significantly delay the installation of the new leaching fields by several months to over a year due to the lengthy process of designing and performing the necessary in-house and regulatory reviews for a new system. The delay will continue to impact the Government because the MassDEP will not allow the onsite discharge and treatment of more than 2,000 gallons per day (GPD) of sanitary sewage flow generated by the base camp until the new leaching beds are installed and on line. Impacts include limited use of the base camp and incurred daily costs to the Government for the pumping and offsite disposal of septic waste when the base camp is generating more than 2,000 gallons of sanitary sewage flow per day. However, since the MassDEP has previously reviewed the consultants design in February 2016 and accepted the use of the Enviro-Septic Wastewater Treatment System, the aforementioned lengthy process required to design and approve another system will be eliminated thus potentially allowing for the leaching beds to be installed in the Fall of 2017. Additional risks and/impacts associated with using a pressure distribution system include a twenty-five percent (25%) increase in construction costs; sixty-seven percent (67%) increase in the size of the leaching bed's footprint; disturbance to a larger area of surrounding habitat as well as the increase in number of trees and vegetation to be removed; higher risk of system failures due to pressure leaks in the system and of overloading the system from infiltration and inflow (I&I) as a result of large storm events; added annual costs due to three additional inspections required each year; increased maintenance costs for required annual flushing of system; and system offers no additional treatment with disposal prior to infiltration. 6. EFFORTS TO OBTAIN COMPETITION As stated in paragraph 5, the Enviro-Septic Wastewater Treatment System is the only brand available to ensure the onsite treatment and disposal of sanitary sewage flows in excess of 2,000 gallons per day (GPD) without the use of an expensive pressure distribution system. A Notice of Intent as described in paragraph 8 was conducted to 'determine if other sources were available for potential competition. 7. ACTIONS TO INCREASE COMPETITION This J&A is for a brand name product to be supplied for the construction project to upgrade the existing septic systems at Training Area 9A on USAG Fort Devens' South Post. In accordance with FAR Part 15, full and open competition is provided for on this procurement. The Enviro-Septic Wastewater Treatment System is available for purchase on the open market. 8. MARKET RESEARCH A Notice of Intent (NOI) to determine sources for this system was synopsized on July 21, 2017. The NOI was published for the required 15 days on the Federal Business Opportunities website. This Justification and Approval will be made publicly available on the Federal Business Opportunities website. 9. INTERESTED SOURCES No responses to the NOI have been received to date. 10. OTHER FACTS None applicable. EE ATTACHMENT
