528A5-24-513 ENVIRONMENTAL CLEANUP PHASE II

Notice of Intent to Sole Source 36C24224Q0655 The Department of Veterans Affairs hereby announces its intent to enter into a sole source contract with Finger Lakes Envirotech LLC dba T & R Spill Response, 7244 State Route 415, Bath, NY 14810, in accordance with FAR 13.106-1(b)(1), only one source is reasonably available, and under authority of Federal Acquisition Regulation (FAR) Subpart 6.302-1, only one responsible source and no other supplies or services will satisfy agency needs for the Environmental Cleanup efforts.

The proposed construction contract is for project 528A5-20-504 Soil Remediation near Bldg 201. The work includes emergency analytical soil testing, remediation plan development preparation for New York State Department of Environmental Conservation (DEC) review/approval, remediation efforts, waste and/or hazardous waste disposal, and site restoration.

Quick identification of the type and extent of hazard present as well as swift remediation of the hazard is required to ensure safety of Veterans, employees, and the surrounding site occupants. The total value of the contract is estimated to be $146,963.70 with a period of performance of 180 days after Notice to Proceed. This project is required to ensure compliance with the federal Clean Water Act and NYS water quality standards.

Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: The work to be performed is both unique and urgent due to the potential threat of contamination. This contamination may impact local waterways and was first reported during a prior construction project October 14,2019. It was determined at that time that volatile compounds were present within the soil.

On March 11, 2020, T&R was responsible for the initial removal and reports for the hazardous materials. Recent discoveries have led us to believe it is in the best interest of the site to re-hire T&R to reinvestigate the site to determine any further extents of the contamination beyond the original site as they completed the initial clean-up and reports and can provide a complete DEC report for the entirety of the potentially contaminated area.

The contractor is both able and willing to perform the work under the urgency that this may impact other adjacent projects. While other contractors may be capable of performing the work, none have the prior knowledge or data to perform the work in the time needed and produce complete DEC reports to meet the requirements they have set. The urgency is also in the remediation and containment to reduce impacts to offsite areas including the neighboring high school, farms, and residents.

The potential consequences to veterans, VA employees, and the community of not moving forward quickly to identify the true issue and to develop a way forward does not allow for the traditional bidding process to be followed. It is critical that any administrative time that can be removed from the process be removed so that an accurate work plan can immediately be developed and executed.

Additionally, the current contamination site is located on the site of an ongoing construction project at VA which is delayed in part due to this discovery. This project is the first in a series of projects that provide critical updates to facilities throughout the campus. A delay in the project will have a ripple effect in upgrading other key facilities on base. VA intends to award to T&R Environmental, a contractor who has performed similar scope work here on site in the past.

T&R Environmental has a proven track record in meeting New York State (NYS) Department of Environmental Conservation (DEC) requirements and they are a DEC preferred vendor. Additionally, T&R Environmental is listed as the clean-up contractor in the Canandaigua VAMC Spill Prevention Control and Countermeasure Plan dated September 2019. T&R has indiciated that they have the staff and subcontractors on staff to perform this work immediately.

Description of market research conducted and results or statement why it was not conducted: Market research was based on Engineering s knowledge of the local environmental and remediation NYS licensed firms, the Canandaigua Spill Prevention Control and Countermeasures Plan, and previous work conducted at the VAMC.

Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. This notice of intent is not a request for competitive proposals. Please contact Veronica Baldwin at Veronica.Baldwin1@va.gov with questions.