16_Tar_Lake_Superfund_Site__JOFOC__1.DOC

Justification for an Exception to Fair Opportunity

(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

In accordance with FAR 16.505(b)(2)(i)(B), only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. The United States Environmental Protection Agency (EPA), Region 5, provides this justification for an exception to fair opportunity.

(2) Nature and/or description of the action being approved.

EPA requires remedial design support at the Tar Lake Superfund Site (Tar Lake) in Antrim County, Michigan in accordance with the Record of Decision (ROD), Explanation of Significant Differences (ESD), as well as the Final Remedial Design (RD) documents for the Tar Lake Site. SulTRAC issued the Final Design Operable Unit (OU) 2 – Northern Areas - Tar Lake Superfund Site Mancelona, Michigan report on December 19, 2018, which was approved by the EPA. The RD specified three (3) excavations below the groundwater table. However, the 2013 ESD indicated that additional soil excavation in the saturated zone was not selected as part of the decision-making process for the ESD. Therefore, the Contractor shall revise the RD to eliminate soil excavation in the saturated zone.

This requirement will ensure RD support during the implementation of the remedial action (RA). If EPA were to compete a new RD contract in lieu of justifying other than full and open competition (JOFOC), it would require a new Contractor to revise an RD completed by the prior Contractor. The new Contractor would then conduct RD implementation support and technical assistance to support the revised RD. Because modifications to the RD are required, these tasks would require significant additional time to bring a new Contractor up-to-speed, which would incur duplicative costs that cannot be recovered through any savings resulting from competition.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The contractor shall furnish all necessary and appropriate personnel, including subcontractors, materials, and services needed for, or incidental to, performing and completing the remedial design implementation support. This includes personnel and software needed for answering questions on the remedial design documents or modifying the remedial design documents and personnel and supplies needed for community involvement support.

The estimated cost for this requirement is $838,957.92.

(4) An identification of the statutory authority permitting other than full and open competition.

The EPA justifies this sole source procurement based on FAR 16.505(b)(2)(i)(B), Only one awardee can provide the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Contractor, Tetra Tech, Inc. (Tetra Tech), is uniquely qualified to complete the implementation support for the remedial design at the Tar Lake Site as they represent the designer of record, SulTRAC, which was a joint venture between Tetra Tech and the Sullivan International Group. SulTRAC completed the Final Design Operable Unit (OU) 2 – Northern Areas - Tar Lake Superfund Site Mancelona, Michigan (RD) report on December 19, 2018, under EPA Remedial Action Contract EP-S5-06-02. SulTRAC also completed the 2018 Basis of Design Report (BODR). The 2018 BODR was the deliverable prior to the Final RD report and will provide the foundation of the revised Final RD. SulTRAC performed work at the Site in different phases of the remedial program, on the Remedial Action Contract (RAC), between 2011 and 2021. As such, Tetra Tech is uniquely qualified to perform the work because they completed the remedial design documents, because of their knowledge and experience of the RD, and because it is a logical follow-on for the remedial design at the Tar Lake Site.

The RD specified three (3) excavations below the groundwater table. However, the 2013 ESD indicated that additional soil excavation in the saturated zone was not selected as part of the decision-making process for the ESD. Therefore, the Contractor shall revise the RD to eliminate soil excavation in the saturated zone. Tetra Tech has the necessary knowledge, staff, and experience to revise the RD in the most cost effective and efficient manner to the EPA. The RD has already required a significant amount of time and resources for the Contractor to design the components of the remedy for the Tar Lake Site. Since Tetra Tech developed the RD, they have the first-hand knowledge and experience of the details of the design and would be the best Contractor to revise the Final RD.

Based on the above information, competing a new contract would require significant time to understand site history, site conditions, and requirements for revising the design documents and conducting remedial design implementation support. at the Tar Lake Site, which would incur significant additional cost to the EPA.

(6) Any other facts supporting the justification.

The designer of record is the only entity that can make alterations to stamped designs. Utilizing a Contractor that is not the designer of record would incur significant additional cost to the EPA. Competing a new contract would lead to additional time delays, which would also create additional time delays for commencement of RA activities.

Additionally, as the RD was previously completed under RAC, the Government is placing this task order on the Design and Engineering Services (DES) contract. The designer of record is a DES contract holder with negotiated labor rates. The DES Statement of Work includes RD implementation support.

(7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Future remedial design task orders will be competed among the DES contract line-item number 2 contract holders. Task orders statements of work will include remedial design support tasks that can be performed during remedial action implementation. Contractor holders will have fair opportunity to compete for future task order requirements pursuant to the ordering clause in the DES contracts.

(8) The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

The Contracting Officer certifies that this JOFOC opportunity for RD revision and support at the Tar Lake Superfund Site is accurate and complete to the best of their knowledge.

(9) Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The Remedial Project Manager (RPM) for the Tar Lake Superfund Site, by signature below, certifies the information included in this justification for an exception to fair opportunity is complete and accurate.

If the Government were to compete the RD modification and implementation support of the revised RD at the Tar Lake Site, a new Contractor would first be required to obtain in-depth knowledge of the Tar Lake Site as well as all the RD documents, and the documents and information used to develop the RD documents. A new Contractor would need to revise an RD completed by SulTRAC. This would incur a significant duplicative cost related to development of the Conceptual Site Model (CSM), Quality Assurance Project Plan (QAPP), systematic planning meetings, site-specific plan developments, value engineering, pre-final design, final design, RD implementation support and general technical assistance, estimated at over $150,000, in addition to significant time delays in commencing the RA activities. This duplicative cost estimate is derived from the Independent Government Cost Estimate (IGE) for redesigning the existing RD for OU 02.

(10) A written determination by the approving official that one of the circumstances in paragraphs (b)(2)(i)(A) through (E) and (G) of this section applies to the order.

In consideration of the requirement to revise the RD and provide RD implementation support during RA implementation, and the information provided in this Justification, the Approving Official has determined FAR 16.505(b)(2)(i)(B) is applicable to this order as Tetra Tech is the designer of record and the only firm capable of revising the RD and providing RD support to EPA in a timely and efficient manner.

Thomas Brecheisen, Remedial Project Manager EPA Region 5 Superfund and Emergency Management Division

CONTRACTING OFFICER’S CERTIFICATION

Lance Haman, Contracting Officer EPA Region 5 Acquisition Section

REVIEWS:

Sheila Dolan, Regional Acquisition Manager EPA Region 5 Acquisition Section

APPROVAL:

Tommie Madison, Agency Advocate for Competition image1.png image2.emf image3.emf image4.emf image5.emf