COMPETITION IMPRACTICABLE FORM - MCSO SHOOTING RANGE ENVIRONMENTAL SERVICES.PDF
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Office of Procurement Services GOODS AND SERVICES COMPETITION IMPRACTICABLE FORM This form is to be used when an agency believes an acquisition is a single source and the acquisition dollar amount is above $5,000. The Chief Procurement Officer can approve purchases up to $100,000. Board of Supervisors approval is required if the acquisition is over $100,000. This form must be submitted for approval to: Office of Procurement Services I 320 W. Lincoln I Phoenix, AZ 85003. Fax number: 602.258.1573. The signed form must be retained in the purchasing file. DEPARTMENT NAME DEPARTMENT RX# PROPOSED CONTRACT VENDOR NEED IDENTIFIED Date: Company: Metal Treatment Technologies, LLC (vendor# W000009811X) REQUESTED DELIVERY Address: 14045 W 66th Ave. Date: February 3, 2016 City, State: Arvada, CO QUOTED PRICE: 300,000 Zip/Postal Code: 80004 Phone: (888) 435-6645 Accounting String: 100-500-5073-0000 Fax: Contact Name: James M. Barthel DESCRIPTION OF GOODS OR SERVICE REQUIRED: The estimated cost of this Procurement is: r $100k (ii' > $100k Is this a Technology Procurement? C Yes (0', No This procurement is to provide one-time, maintenance-related lead removal services for the MCSO Buckeye Hills Shooting Range. This cleanup is a specialty service and requires an environmental services contractor who specializes in shooting range lead & hazardous metals cleanup/ remediation services. Total price: not to exceed $300,000 SINGLE SOURCE CATEGORY (Check applicable box, attach documentation or provide explanation below.) Maricopa County Procurement Code MC1-351 states: "Single source" means an acquisition where, competition is impractical because of standardization, warranty, or other factors as approved by the Board of Supervisors. NOTE: The following are unlikely to be sufficient single source justifications: - Personal or agency preference for a product or vendor • Agency perception that the vendor is the best qualified (this should be determined through a competitive process) • Lack of agency planning resulting in limited time to conduct a competitive procurement • Special incentive or deal offered (can be assessed in open and competitive solicitation) • Agency convenience r. Software license renewals, additions, or upgrades available C Grant specified (supporting documents attached) ' from only one source , Brand compatibility available from only one source (no other C Mailing lists, subscriptions or media advertising (T distributors) C; Warranty voided if service provided by other contract vendor (ii Other proprietary situation 67 Other (Provide written explanation below) THIS PROCURMENT IS A SINGLE SOURCE BECAUSE (attach additional page if needed): The MCSO Buckeye Hills Shooting Range is routinely tested to monitor heavy metal content in the soil as a result of routine shooting range activities. Recent soil samples detected significant amounts of lead at various locations on the site. The highest levels of concentration were identified at the shooting berms where bullets are captured in the soil at the backstop of each firing lane. Lower lead levels and other trace metals were also detected downstream of the firing lanes which are following drainage pathways and accumulating in the storm water retention basins.This clearly demonstrates that the lead is disintegrating and becoming water soluble. Due to these latest test results and heavy rainfall at the Range last spring there was concern that the dry creek beds adjacent to the retention basins could have been impacted due to this flooding. These creek beds are strictly regulated by the US EPA as class 404, Waters of the United States under the Clean Water Act. Fortunately lead was not detected above background levels in these samples. However, these creek beds are in close proximity and downstream of these retention basins that may have overflowed in the past during heavy rainfall. High concentrations of leachable lead contained in the Range soil combined with long range weather forecasts of heavy rainfall in the coming weeks, is of great concern. If these forecasts are correct it greatly increases the probability of further on-site lead contamination and potential of overflowing into the creek beds and surrounding riparian environment. If this does occur and levels exceed the maximum threshold it would be a clear violation of the Clean Water Act and subject the County to environmental liability to include the closure of the Shooting Range for an unknown period of time. SEARCH A search was conducted consisting of: (check all that apply) RESULTS II Market research I Public notice given, list a no alternatives were identified 0 no alternatives were deemed acceptable a Other vendors contacted a Other because (explain below): Describe the search from above in detail: A review of the County's Environmental Services Contract, serial 13134 was conducted by FMD, Risk Management and Four Corners Environmental.This review confirms that the County contract was never intended to provide Shooting Range environmental cleanup, which is a specialized service. A nationwide search of Shooting Range environmental remediation contractors confirms that Metal TreatmentTechnologies, LLC (MT2, LLC) is the only vendor with these qualifications with a local presence in the State of Arizona. A review/evaluation of previous environmental cleanup projects by Metal Treatment Technologies, LLC at both the Buckeye Hills Shooting Range and former Surprise Shooting Range was conducted. MT2, LLC use of an exclusive patented proprietary ECOBOND technology for lead-impacted soil treatment that is approved for use by the State of Arizona, US EPA & Maricopa County. This treatment will eliminate more difficult and temporary interim solutions required by regulations, avoiding additional treatment or removal and replacement ofthe Range soil.The Range soil must be treated and remain on-site to avoid disposal into a hazardous waste landfill, which makes this treatment invaluable. PRICE MC1 -352-B states: The Using Agency requesting a Competition Impracticable Procurement shall provide written evidence to support a Competition Impracticable determination conta ning an explanation of why the proposed procurement process is Advantageous to the County; and the scope, duraton, and estimated total dollar value of the procurement. Price has been fairly and reasonably established by: Comparison to public sector contract pricing Comparison to previous comparable purchases Eli Discount off published catalog pricing from a different vendor LI Market survey a Independent estimate a Other, explain: Describe methodology and results (attach any written supporting data, e.g., survey or market analysis): Metal Treatment Technologies, LLC provided a cost proposal based on the scope of work developed by Four Corners Environmental at the direction of FMD. The scope of work was reviewed for accuracy and completeness by County personnel and forwarded to MT2, LLC and three environmental contractors under the current Maricopa County contract. MT2, LLC is the only contractor to respond. The County contracted vendors chose not to bid. The MT2, L.LC' proposal was subsequently reviewed by the Committee consisting of FMD, Risk Management Department and Four Corners Environmental. The proposal was deemed to be thorough and complete based upon the expertise of FMD, Risk Management Environmental staff and County contract consultant, Four Corners Environmental. Pricing is fair and reasonable based upon previous cleanup projects performed by MT2, LLC at both the Buckeye Hills Shooting Range and the County's former Surprise Shooting Range location, CERTIFICATIONS I certify; 1)! recognize that the Maricopa County Procurement Code requires the use of competitive solicitations unless exempted by law. I have reviewed the information and materials relevant to this procurement of goods and services, and am requesting approval of an exception to the competitive process for the reasons described; 2) the price to be paid to the proposed single source vendor is fair, reasonable, and provides the best value to Maricopa County; and 3) this request for an exception to the competitive solicitation process is not the result of inadequate advance planning or for purposes of securing the services of a preferred vendor. Agency Head or Agency Head Delegat - - .w,-;. i re (Required) irf—.--' /a/ / —/.:**5 es ame ig t re Date Office of Procurement Services The CPO can approve procurements up to $100,000. This request is o er $100,000 and must be submitted as an agenda item to the Board of Supervisors for consideration. EIV Recommended to BOS for approval. / .------- cy / i `1 ___ / ---/ Printe Name ature Date Email Save