Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
6c
ACTION ITEM
Date of Meeting
July 14, 2020
DATE: June 8, 2020
TO: Stephen P. Metruck, Executive Director
FROM: Sandra Kilroy, Director Maritime Environment & Sustainability
Kathy Bahnick, Manager, Remediation Programs
Joanna Florer, Sr. Environmental Program Manager
SUBJECT: Procurement of Indefinite Delivery, Indefinite Quantity Service Agreements for
Maritime Environmental Site Management Support Services
Maximum Value of Contracts:
$4,000,000
ACTION REQUESTED
Request Commission authorization for the Executive Director to procure and execute indefinite
delivery, indefinite quantity (IDIQ) contracts for consultant support for environmental services in
support of potential future environmental investigations and remediation activities. Two IDIQ
contracts will be issued for the not-to-exceed amount of $2,000,000 each with a five-year
contract ordering period for a total maximum value of $4,000,000. No funding is associated with
this authorization.
EXECUTIVE SUMMARY
Port Maritime Environmental Programs provide and manage remediation liability and
environmental regulation support services for the Maritime, Economic Development, Joint
Venture, Stormwater Utility and the Northwest Seaport Alliance. The service agreements
resulting from this request will allow the Port to respond to a range of environmental
investigation, characterization and remediation needs.
Existing open-order environmental services agreements are due to expire in March and July 2021.
For Environmental Programs to continue to provide these services, new contracts with
environmental technical and consultant services providers are needed by March 2021. The
contracts will be managed by the Maritime Environmental and Sustainability Department but will
be available for use by other Port Divisions.
This request is only for procurement and contracting authority; No funding is requested. Funding
will be authorized by the Commission under the annual environmental remediation liabilities
authorization process or through project-specific authorizations. Funding for this work was
included in the 2020 2024 Environmental Remediation Liability (ERL) Program.
COMMISSION AGENDA Action Item No. _6c___ Page 2 of 4
Meeting Date: July 14, 2020
Template revised June 27, 2019 (Diversity in Contracting).
JUSTIFICATION
The port’s participation in remediation activities supports the Century Agenda goal of being the
greenest port and reinforces our commitment of being a responsible steward of community
resources and the environment. State and federal laws require elimination of unacceptable levels
of environmental risk caused by the presence of contaminants in soil, groundwater, and
sediment. From the perspective of the surrounding communities and the customers that we
serve, the Port’s participation in site remediation is the hallmark of responsible environmental
stewardship. Another critical point is that cleanup returns contaminated land to a more
productive use.
Diversity in Contracting. For the upcoming procurement, the project team has contacted the
Port’s Diversity in Contracting Department and will establish a women-and minority-owned
business enterprise (WMBE) aspirational goal (likely 15%) and inclusion plan.
DETAILS
Scope of Work
The purpose of these proposed contracts is to provide timely, cost-effective consulting services
necessary to perform remediation-related assessments, investigations and other related
activities to understand potential liability associated with contamination present at current or
potential future Port Facilities. These remediation-related assessments and investigations
primarily address contaminated sites regulated under the State’s Model Toxics Control Act or
Federal Superfund program (CERCLA) requiring specialized services addressing the technical and
regulatory needs of these regulations.
IDIQ contracts provide the Port’s Maritime Environmental team with flexibility to meet the
regulatory requirements and perform necessary technical and specialized assessments. Issuing
individual service directives on an as-needed basis, within a general pre-defined scope of work
for a fixed period of time and a maximum contract amount, will enable the Port to accomplish
these tasks. Competitively bid IDIQ contracts are a widely used public sector contracting tool,
consistent with the General Delegation of Authority and governed by the CPO-1 policy.
Schedule
Contracts should be executed by March 2021 in order to have a transition period between these
new contracts and the current ones. The new contracts will have a five-year ordering period. Each
service directive will specify the duration and schedule associated with the task or tasks involved.
COMMISSION AGENDA Action Item No. _6c___ Page 3 of 4
Meeting Date: July 14, 2020
Template revised June 27, 2019 (Diversity in Contracting).
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 Project work completed by adding Port staff.
Cost Implications: NA
Pros:
(1) Adding new Port staff to complete these potential projects would reduce the Port’s
reliance on outside service contracts and increase the Port’s technical capacity to
respond to our internal customers in the long term.
Cons:
(1) The level of effort and expertise requirements for the potential project work to be
completed under this IDIQ is unknown at this time. Therefore, determining proper staff
needs to complete this work is not feasible.
(2) This alternative would add several months to each project schedule to hire or
reallocate current staff for each individual project and would impact the ability to meet
project and customer needs.
(3) Potential project work under this IDIQ would most likely require specialized
environmental sampling equipment that the Port does not have access to due to the
associated capital and maintenance cost.
This is not the recommended alternative.
Alternative 2 Separate procurement for each project.
Cost Implications: NA
Pros:
(1) Separate contracts would allow consulting firms multiple opportunities to compete for
each individual project.
Cons:
(1) This alternative would significantly increase overhead and administrative costs to the
Port, as we would need to manage more procurement processes and contracts.
(2) This alternative may add several months to each project schedule to complete the
procurement process for each individual project and would impact the ability to meet
project and customer needs.
(3) Costs to the consulting company may increase as they would be responding to multiple
procurements.
This is not the recommended alternative.
COMMISSION AGENDA Action Item No. _6c___ Page 4 of 4
Meeting Date: July 14, 2020
Template revised June 27, 2019 (Diversity in Contracting).
Alternative 3 Prepare a single procurement for two IDIQ contracts.
Cost Implications: NA
Pros:
(1) This alternative would ensure the Port has the necessary professional and specialized
technical resources available to complete regulatory required work, and that WMBE
participation is part of the criteria.
(2) This alternative ensures the Port can meet time-critical evaluations and delivery of
required and necessary projects.
(3) This alternative would save time and money because it minimizes the number of
procurement processes necessary for timely completion of projects and reduces
overhead and administrative costs to the Port.
Cons:
(1) This alternative would limit the number of opportunities available to firms to compete
for this work.
This is the recommended alternative.
FINANCIAL IMPLICATIONS
There is no funding request as part of this authorization. Funding for the associated scope of work
and costs is included in the annual Environmental Remedial Liability (ERL) authorization (tax levy)
or through project-specific authorizations. Individual service directives will be executed to
authorize the consultant to perform any specific work on the contract against approved project
or spending authorizations and within the total contract amount.
ATTACHMENTS TO THIS REQUEST
None
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
November 19, 2019 The Commission authorized 2020 2024 Environmental Remediation
Liability (ERL) Programs fund for 2020 and approved a five-year spending plan for the
2020 2024 ERL program.