South Bay Ocean Outfall Sampling, Monitoring & Reporting

The International Boundary and Water Commission, United States Section (USIBWC) proposes to solicit on the basis of other than full and open competition for a new contract with the City of San Diego. The proposed contract is for receiving water sampling, monitoring, analysis and reporting service for the South Bay International Wastewater Treatment Plant. The estimated amount of this action is between $1,000,000 and $5,000,00 per year for the USIBWC half of the cost for the environmental services. The City of San Diego (CSD) is contributing all of the superintendence, labor, and equipment to accomplish the monitoring and testing that represents half of the actual costs of performance. The action will result in a firm fixed price contract. In September, 1997 the International Boundary and Water Commission, United States and Mexico (IBWC) constructed an International Wastewater Treatment Plant (IWTP) in the City of San Diego, California to serve the city of Tijuana, Baja California, Mexico. This treatment plant was constructed under IBWC Minute No. 283, and is operated under the clauses contained in IBWC Minute 296. The IWTP receives and treats raw wastewater generated by the City of Tijuana, and discharges the treated effluent into the Pacific Ocean through a Land Outfall pipeline, and Ocean Outfall. The IWTP is operated under a National Pollutant Discharge Elimination System (NPDES) permit No. 96-50, issued by the California Regional Water Quality Control Board. Identified within the NPDES permit is a Sampling, Monitoring and Reporting program for the receiving waters of the IWTP effluent which extends north and south over an area in the vicinity of the discharge point for the Ocean Outfall. The requirements for the description of services of this document originate from the NPDES permit requirements for the IWTP. In July, 1990, the International Boundary and Water Commission, U.S. Section signed a Memorandum of Understanding (MOU) with the City of San Diego for sharing of design, and construction cost of the South Bay Land Outfall. Also, as part of this MOU, the U.S. Section and the City of San Diego agreed to a 50/50 share in the ownership of the Land Outfall. In January, 1995, the International Boundary and Water Commission, U.S. Section signed a Memorandum of Agreement (MOA) with the City of San Diego for sharing of design, and construction cost of the South Bay Ocean Outfall. As part of this MOA, the U.S. Section and the City of San Diego agreed to share in the ownership of the Ocean Outfall. The ownership share of the Ocean Outfall is .3994 for the City of San Diego, and .6006 for the U.S. Section. The City of San Diego participated in the cost sharing of the Land and Ocean Outfalls for the purpose of using these facilities for their future South Bay Reclamation Treatment Plant. The City's South Bay Reclamation Plant was completed on May 6, 2002, and the City is discharging treated effluent through the South Bay Land Outfall and the South Bay Ocean Outfall to the Pacific Ocean. The effluent from the two wastewater treatment plants, the IWTP and the City Reclamation Plant, is combined and is indistinguishable after discharge into the Pacific Ocean. The City of San Diego South Bay Reclamation Plant is operated under a NPDES discharge permit similar to the NPDES permit issued for the IWTP. In recognition of the same discharge point for the combined effluent of the two treatment plants, the California Regional Water Quality Control Board has issued the City of San Diego a NPDES permit with a similar, and in many cases an identical, Sampling, Monitoring and Reporting program to that of the IWTP NPDES permit. The City of San Diego currently operates an advanced primary wastewater treatment facility at Pt. Loma, and the South Bay Reclamation wastewater facility within the City of San Diego. Both treatment plants are operated under NPDES permits issued by the California Regional Water Quality Control Board and require Sampling, Monitoring and Reporting programs. The City of San Diego has been conducting this sampling, monitoring and reporting program for the Pt. Loma facility, and for the South Bay Reclamation facility for many years, using their own equipment, resources and staff. The new solicitation for ocean outfall sampling and monitoring remains a sole-source contract. The owners of the outfall line remain the USIBWC and the City of San Diego. The last permit from the California Regional Water Quality Control Board has expired. However a federal court order issued March 21, 2012 continues to apply the previous permit for an additional six months, as the emissions are out of the required parameters. The USIBWC Acquisitions Division (ACQ) is actively working to plan and issue a solicitation to obtain these services for a base period and four option years under IBM12R0001 and the contemplated contract IBM12C0001. However, a condition of the new contract has to be renegotiation based upon a new or revised permit that impacts the cost of performance. Since the City of San Diego is performing the Sampling, Monitoring and Reporting program for their own South Bay Reclamation Plant at many of the identical monitoring stations for the International Wastewater Treatment Plant, the City of San Diego has expressed a willingness to cost share these two programs. Significant savings to the federal government and the City of San Diego per year can be realized by sharing the two monitoring programs. However, it is only if the City of San Diego is allowed to perform the work involved in the program, as the City does not intend to bid their portion of the work out, and will not share in the costs if the government solicits for a Contractor. Savings to be realized will be on costs of performing the on and off shore sampling, analysis of samples and data obtained, documentation and forms required, and in maintaining the database of results. In addition, since the City of San Diego has on staff trained technical personnel capable of interpreting monitoring data and laboratory results, the federal government will benefit by having access to these personnel and not having to hire occasional consultants for the interpretation of the International Wastewater Treatment Plant data. In recognition of the co-ownership of the land and ocean outfall facilities, and the substantial savings to both the City of San Diego and the federal government for sharing of the Sampling, Monitoring and Reporting programs, it is advantageous for the International Boundary & Water Commission, U. S. Section, to enter into a contract with the City of San Diego for the providing of the receiving water sampling, monitoring, analysis and reporting service for the International Wastewater Treatment Plant. Actions to Increase Competition: A synopsis will be published in the Federal Business Opportunities (FedBizOpps) in accordance with FAR 6.302-1 (e) (2). The synopsis will serve as a notice of intent for the U.S. Section to enter into a contract with the City of San Diego. There is no intent to increase competition and the CSD and USIBWC own the ocean outfall line and the owners are self-performing the work. It is anticipated that all subsequent requirements of this type will continue to be awarded to the City of San Diego for the reasons identified above. Market Research: A market survey was conducted as reflected in the IBM Form 158 to obtain the concurrence of the USIBWC SADBU and the SBA Procurement Center Representative (PCR). The City of San Diego has been conducting the sampling, monitoring, and reporting program for the Pt. Loma facility, the South Bay Reclamation facility and the International Wastewater Treatment Plant and they have the equipment, personnel, and other resources in place to provide the services. It is expected that their proposed cost should be substantially less than their competitors. Therefore, the City of San Diego would have an advantage over other firms. A competitive acquisition would not be possible.