Maui Wildfire Temporary Debris Storage Operations & Residential Debris Removal

This is a special notice per Federal Acquisition Regulation (FAR) 5.2 - Synopses of Proposed Contract Action. The U.S. Army Corps of Engineers (USACE), Honolulu District (POH), intends to issue a Firm-Fixed-Price (FFP) contract to ECC Constructors LLC (ECC), located at 1240 Bayshore HWY STE 301, Burlingame, California, 94010. The intended FFP contract will include the operation and maintenance of a Temporary Debris Storage (TDS) facility in Lahaina, Maui, HI, including transferring the debris from the TDS facility to the final disposal site and closure of the TDS. Additionally, the contract will include debris removal services on several single-unit and multi-unit properties in Lahaina, Maui, HI. On August 8, 2023, wildfires swept across Maui, Hawaii (HI). On August 10, 2023, the areas impacted by the fires were declared a Federal Disaster Area (FEMA-4724-DR-HI) and eligible for assistance through the Federal Emergency Management Agency (FEMA). On August 25, 2023, the Department of Homeland Security (DHS), FEMA Region 9 tasked USACE, Pacific Ocean Division (POD) with Mission Assignment (MA) 4724DR-HI-COE-POD-09 to deploy the Debris Planning and Response Team (PRT) to coordinate and execute all necessary actions associated with debris clearance, removal, and disposal site management from public and private property debris removal. ECC is one of the contractors performing work to support the cleanup effort in Maui. POH issued several task orders to ECC under the Advanced Contract Initiative (ACI) Single Award Task Order Contract (SATOC) W912EK22D0004. However, POH intends to issue a follow-on contract to ECC for continued debris removal services, including operation and maintenance of the TDS facility, to ensure that USACE has adequate capacity on the ACI SATOC to respond to a future disaster event in the Pacific Ocean region. Maui lacked the capacity for a temporary or permanent location to accept fire-related waste ash and debris, Household Hazardous Material (HHM), Bulk Asbestos Material (BAM), and asbestos concrete into standard permanent disposal facilities. Therefore, ECC entered into a License Agreement with Maui County to develop and maintain, through the direction and approval of USACE, a TDS facility for debris until Maui County completes a permanent disposal facility. The License Agreement also requires ECC to move the debris from the TDS facility to a final disposal site. On February 28, 2024, Maui County announced that it selected a location near the Central Maui landfill as the permanent site for the fire-related debris and ash cleared from Lahaina. Maui County expects final disposal site completion in March or April 2025. Transitioning the work associated with the TDS facility to another contractor would complicate Maui County and USACE's ability to execute the mission. Maui County would need to terminate the License Agreement and take over any potential environmental liabilities and costs associated with the future of the TDS facility. It is not practical or in the Government's best interest to solicit additional sources for the continuation of debris removal services. USACE would incur substantial duplication of costs to mobilize another contractor to an island with limited and strained resources, to provide similar services as ECC, while ECC continues to perform debris removal on residential properties. ECC would also have to demobilize their certified weight scales and ship them back to California and remove or dispose of the TDS infrastructure, liner, and additional material. There would also be additional administrative burdens on USACE to administer another contract with a new contractor. ECC has a unique understanding of the requirements and the necessary logistical expertise to provide the required residential debris removal services, including the highly specialized services essential to operating in an emergency. ECC also provides a single point of contact for quick and responsive communication on continuously changing FEMA requirements and site conditions with the residential properties. ECC has the continuity to continue helping USACE successfully execute the current mission in Maui. Having additional contractors performing residential debris removal would promote confusion, inconsistencies, and administrative burdens. For instance, another contractor is performing debris removal services on commercial and public properties in the same disaster area, creating challenges with multiple staging and meeting areas and competing for limited on-island resources. In an environment of constrained resources, adding another prime contractor would pose a significant risk of contractors disrupting each other's operations, which will slow down production rates and prolong the recovery of the affected area. Additionally, a different contractor or multiple contractors responsible for similar work in the exact geographic location increases the risk of ineligible material ending up in the disposal location. It is also critical to avoid choke points at disposal sites, which has occurred in the past when too many contractors are using the same disposal locations. The continued use of ECC eliminates choke points and ensures efficient use of resources in the aftermath of a significant disaster. Multiple contractors would create scheduling problems that would impact all contractors and increase delays in the mission. Description of Work. The services include the operation and maintenance of the TDS facility at the old Olowalu Landfill, Lahaina, Maui, HI 96761. USACE expects the removal of all residential and commercial debris before Maui County is ready to receive waste at its permanent site. Accordingly, USACE expects a delay in moving the debris from the TDS facility and therefore the services include installation of an interim geosynthetic TDS cap, including minor operation and maintenance of the TDS until Maui County is ready for debris at the final disposal location. The services also include transferring approximately 400,000 CY of debris from the TDS to the final disposal site and closing out the TDS. The services include performing demolition, ingress/egress route evaluation, Hazardous Site Assessments (HSAs), hazardouse tree assessments, sampling and monitoring for hazardouse materials, and removal of fire-related Household Hazardous Material (HHM) and Bulk Asbestos Material (BAM) on approximately two properties. The services also include Private Property Debris Removal (PPDR) for post-wildfire response in Lahaina, Maui County, Hawaii. The Contractor shall complete private property fire-related debris removal in designated work zones for approximately 84 single-unit properties. The Contractor shall provide cultural observers with each crew to support debris removal and disposal operations on each property. Each cultural observer must have knowledge of the local environment and can recognize sites and objects of importance to traditional Hawaiian history, culture, practice, and protocols. The cultural observers will monitor field activities to perform appropriate cultural protocols and provide relevant information and oversight to prevent damage to cultural resources from debris removal operations. The Contractor must also provide archeological monitors when performing debris removal and disposal operations on approximately 95% of the properties. The Contractor shall load, haul, and dispose of all material, assuming approximately 284 tons per single-unit property. Debris removal shall include segregation, packaging, loading, hauling, and disposal at the approved TDS facility. The fire-related debris will include but not be limited to ash, structural debris, concrete and masonry, scrap and recyclable metals, and soil. The Contractor shall ensure the transportation, storage, treatment, and disposal of all debris and hazardous materials complies with all Federal, State, and local laws and regulations. The services also include PPDR in designated work zones on up to 8 multi-unit TMKs (4 at 1.352 tons/property, 2 at 5,752 tons/property, and 2 at 16,487 tons/property. The Contractor must provide a cultural observer with each crew to support the debris removal and disposal operations on each TMK. The Contractor must also provide archeological monitors on 95% of the properties when performing debris removal and disposal operations on each TMK. The Contractor shall also post-debris removal services, including confirmation sampling, rescrapes, backfill, and final BMPs on each single and multi-unit property. The Contractor must also provide archeological monitors when performing debris removal and disposal operations on approximately 95% of the properties. The Contractor must provide a cultural observer with each crew to support the post-debris removal operations on each property. The Contractor shall remove an additional six (6) inches (12" Max. of total depth) of soil in the areas where confirmation sampling results are above the established cleanup goals. The Contractor shall repeat confirmation sampling of the "rescrape" area to determine if it met the cleanup goals. Per historical data, it is estimated that 20% of the properties will require excavation of a maximum depth of 12 inches. The services also include ingress/egress route improvements/maintenance on approximately 13 properties, hazard tree removal for approximately 402 trees, and final parcel clearance data for approximately 92 properties. Additional services include historic human remain excavation (1 EACH) and reburial and geospatial data for approximately 92 properties. Additionally, the services include a quarterly summary report and final cultural resource report per FEMA's Archeological Treatment Plan (ATP). The estimated performance period for the services associated with the TDS operations is up to 12 months, beginning no later than August 1, 2024. The estimated performance period to transfer the debris from the TDS facility is between three (3) to six (6) months upon completion of the final disposal site. However, if Maui County encounters delays with completing the final disposal site, the performance period for TDS operations and transferring the debris may increase. The estimated performance period for the services associated with the residential debris removal services on single and multi-unit properties is three (3) months from the date of award, beginning no later than August 1, 2024. However, if USACE receives the Right-of-Entry (ROE) for the properties soon, the performance period may be less than three (3) months, due to the urgent nature to complete all of the residential debris removal services. USACE WILL NOT POST A SOLICITATION. The Government intends to proceed with this sole source action under NAICS code 562211 - Hazardous Waste Treatment and Disposal. THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE PROPOSALS OR QUOTATIONS. All responsible sources may submit a capability statement, proposal, or quotation by June 5, 2024, at 4:00 PM CST, which the Government shall consider. Interested concerns must show clear and convincing evidence that competition of this requirement in the future would be advantageous to the Government. Oral communications are not acceptable in response to this notice. A determination by the Government not to compete this proposed requirement is solely within the discretion of the Government. Responses shall be submitted to david.w.neal@usace.army.mil. The Government is not responsible for any costs incurred by responding to this notice.