Despite pending state and federal reviews and community pushback, the Massachusetts Army National Guard is apparently pressing ahead with plans to build a machine gun range on Joint Base Cape Cod — raising concerns for at least one local environmental group.
According to newly revealed documents, the Guard solicited and received bids from two construction companies who vied to build the range.
This comes as the Guard is still awaiting final project approval from the state’s Environmental Management Commission. In addition, the EPA has released a draft report that found the range could contaminate drinking water and create a “significant public health hazard.” If that report is finalized, any federal funding for the project would be pulled, effectively killing it.
When contacted by CAI this week, Guard officials declined to comment.
What we’ve learned about how the Guard solicited bids to build the range
After reviewing documents that the Association to Preserve Cape Cod (APCC) requested from the Environmental Protection Agency (EPA), CAI learned of two final bids that were submitted by Wes Construction Corp and R. Zoppo Corp.
APCC filed a broad public records request of the EPA seeking any information about the Guard’s bidding process.
In one document, the Guard said the anticipated start date to be "fall of 2023." It's not clear why the Guard believed groundbreaking could begin at that point, given the lack of approvals for the project.
The Guard said it would accept general bids until July 10, 2023, and estimated the work would cost nearly $9 million.
R. Zoppo Corp’s bid was roughly $96,000 higher, but both were worth more than $15 million — significantly more than the $9.7 million Congress designated for the range.
A staffer for Congressman Bill Keating, who sits on the House Armed Services Committee, said the office hasn’t seen any plans to bridge the cost gap.
“We have confirmed with the House Committee on Appropriations that there is no additional funding authorization for this project in the FY24 Military Construction, Veterans Affairs, and Related Agencies appropriations bill,” said Chris Matthews, district outreach and communications director for Keating.
“We can also confirm that we have not been approached by anyone at Joint Base Cape Cod or the National Guard with a request for additional funds, nor have we received any correspondence from them about any aspect of the bidding process.”
According to the screenshots, the Guard included a contingency to contractors that it could delay commencement of work if there are “unforeseen circumstances," and a contractor can’t claim for additional compensation if there is a delay, but can be granted extended contract time.
EPA officials say they’re currently reviewing public comments submitted in response to the damaging “Sole Source Aquifer” determination that sought to understand whether the proposed range could create a significant public health hazard by contaminating the drinking water that runs beneath JBCC.
Once that process has ended, the EPA will send a recommendation on the draft report to the EPA administrator in Washington, D.C. The EPA Administrator will then make a final determination that could affect project funding.
"Should this determination become final, no commitment of federal financial assistance (through a grant, contract, loan guarantee, or otherwise) may be allowed," the EPA said.
Also, according to the EPA’s screenshots, the Guard required that any construction on the 8-lane machine gun range should start and be completed within 280 calendar days.
To be clear, no construction can begin until the project goes before the state’s Environmental Management Commission. The body, composed of three of the state’s top environment officials, has been tight-lipped about when it plans to hear the Guard’s proposal.
Can the Guard solicit bids without final approval? Opinions vary
“Our true fear is that they're just going to plow ahead with this [project],” said Andrew Gottlieb, executive director of APCC. He has been a vocal opponent of the machine gun range.
“They're not legally authorized to build this project at this location at this time,” he said. “So why get construction bids?”
Asked whether one of the two construction companies had been selected and how the Guard planned to secure additional funds, a Guard spokesperson said they can’t comment at this time.
“They could clear this up entirely by being honest with the public and the adjoining communities as to what the logic was for going out for bids, what their intentions are,” Gottlieb said. “They could remove all speculation and just speak truth to the community, and we wouldn't be sitting around speculating.”
In June, the Guard began soliciting construction bids in the Cape Cod Times. The ad appeared four days before the EPA’s comment period ended.
Later that week, the Guard offered additional context to CAI about why the ad was posted.
“The Multi-Purpose Machine Gun Range project was congressionally approved and included in the National Defense Authorization Act passed in 2020,” a Guard spokesperson wrote.
“Due to the allocated federal funds, the MPMG Range project must continue to follow a multi-step federal process, including published solicitation for bids. This solicitation of bids does not impact the ongoing review process with the EPA.”
