JETFO0_1_1.DOC

JUSTIFICATION FOR FAIR OPPORTUNITY EXCEPTION

Solicitation No: 68HE0923R0020 Contract No. 68HE0318D0009, Task Order No. 68HE0923F0086 Contractor: HDR APTIM LLC Project Name: Technical Support Post RI/FS ROD Amendment for Brown and Bryant Superfund Site

In accordance with FAR l 6.505(b)(2), the proposed contractual action is pursuant to the statutory authority of 41 U.S.C. 253(c).

I. Ordering Activity U.S. Environmental Protection Agency, Southwest Region Nine (9), Contracts Office.

II. Applicable TO Contract Number, Task Order Number Design and Engineering Services (DES) Task Order for Technical Support Post RI/FS ROD Amendment for Brown and Bryant Superfund Site.

III. Description of Services Being Ordered

The scope of this sole-source contract is to provide continued post RI/FS ROD amendment technical support for the Brown and Bryant Superfund Site. The Task Order is valued at $319,469.75 and the performance period is 30 September 2023 to 29 September 2025. The Task Order is being awarded as a sole source pursuant to the exception to Fair Opportunity at FAR 16.505(b)(2)(i)(B).

IV. Rationale

FAR 16.505 requires an ordering activity to justify its actions when fair opportunity is restricted. The specific circumstance that justifies restriction for this acquisition is 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.

Background: The Brown and Bryant Superfund Site was listed on the National Priorities List in 1989. From 1989 to 2022, EPA-lead remedy that was funded and conducted pursuant to two separate consent decrees. A Record of Decision (ROD) was first signed for OU1 in 1993. The 1993 ROD addressed the principal threat at the Site, the A-zone groundwater, and addressed the surface soil exposure threat.

The major components of the 1993 ROD included extraction, treatment, and reinjection of groundwater from the A-zone, consolidating contaminated surface soil on a 1.2-acre portion of the Site and capping these consolidated soils with a RCRA Subtitle C cap, and capping the remaining portion of the site with abasic asphalt cap. The soil consolidation was completed in late 1998 and early 1999 and was all consolidated in an area that is now under the RCRA-cap. The U.S. Army Corps of Engineers, on behalf of the EPA, imported clean soil material, performed grading and fencing, and constructed the RCRA-cap and basic asphalt cap over the former plant property.

A second ROD was issued and signed in 2007. The 2007 ROD addressed the A-zone groundwater, subsurface soil from the base of the A-zone groundwater to the B-zone groundwater, and the B-zone groundwater. The purpose of the 2007 ROD was to remove contaminants from the A-zone groundwater to protect the B- and C-zone groundwater, restore B-zone groundwater for potential beneficial drinking water, and prevent exposure to contaminated groundwater. The major components of the 2007 ROD included proper abandonment of the City of Arvin well, CW-1, and relocation of the well to a suitable distance from the Site contaminant plume, installation of a shallow A-zone aquifer extraction system with above ground UV oxidation water treatment and disposal of the treated water to the Arvin City POTW, groundwater monitoring of the B-zone to evaluate the effectiveness of the monitored natural attenuation (MNA) remedy, and institutional controls placed on the Site and nearby properties to limit the use of B-zone groundwater. The 2007 ROD also allowed for the temporary storage of extracted water and periodic transport off-site for treatment and disposal.

Under RAC Contract EP-S9-13-02: , Task Order 0046-RICO-09H2 APTIM FFS LLC, EPA conducted a fund-lead Focused Feasibility Study to address the remaining contamination.

Justification Summary (FAR 16.505(b)(2)(i)(B))-

The EPA has an urgent need for HDR APTIM to provide uninterrupted and continuous expert technical support for Post RI/FS ROD Amendment. The contractor currently provides technical assistance support services for the Brown and Bryant site under the EPA Region 9’s RAC 3 APTIM contract. The RAC 3 APTIM contract is due to expire in November of 2023.

HDR APTIM is uniquely qualified to provide technical assistance to the EPA at the level of quality required in the Post RI/FS ROD Amendment process for Brown and Bryant because of their historic and current work supporting the characterization of site contamination and evaluation of the potential remedial options-

HDR APTIM has the unique qualifications and necessary knowledge, staff, and experience to complete this work at the level of quality required as it currently provides the services described herein for the Brown and Bryant site. HDR APTIM has participated in site activities since taking over from the U.S. Army Corps of Engineers in 2015. Since becoming the contractor for the Site, HDR APTIM has been instrumental in monitoring the plume, the effectiveness of the remedy, and optimizing the remedy. HDR APTIM is also familiar with the history of the plume by participating in expanded data collection, installation of new monitoring wells as needed, and abandonment of wells which were identified as potential migration pathways from the A-zone to the B-zone.

The Brown and Bryant Site will need to be transitioned to the state of California within ten (10) years of the remedy being fully functional and operating as intended (NCP, 40 CFR 300.435(f)(3)). The transition clock will not be started until the ROD amendment is completed and the remedy is determined to be fully functional (NCP, 40 CFR 300.435(f)(2)). EPA is currently in discussions with the state of California about the details of the Site transition, and the transition is currently projected to take place around EPA FY2025 late Q3 early Q4.

HDR APTIM is currently working on the Treatability Study for the site, the results of which will assist in guiding the forthcoming ROD amendment and which equips HDR APTIM with a unique ability to assist EPA in transitioning the Brown and Bryant Site to the State of California in 2025. HDR APTIM’s involvement with the characterization of the nature and extent of contamination and risks and the evaluation of potential remedial options for the Brown and Bryant site makes them uniquely equipped to assist EPA with the necessary ROD amendment while maintaining the planned schedule of site transfer to the state of California.

HDR APTIM is uniquely qualified to assist EPA to strategize and prepare for upcoming Community Involvement because of their historic experience and local knowledge of the concerns of the community-

In addition to evaluating concerns brought to EPA by the state of California regarding the transition of the Site, HDR APTIM has historical and current knowledge of the community/environmental justice issues for this high visibility site and can provide the EPA with proactive support for community issues which will minimizing delays and accelerating the site’s transition to the state. HDR APTIM is thoroughly familiar with historical communications with the Committee for a Better Arvin (CBA).

HDR APTIM also has on-site personnel that have worked with the Brown & Bryant site for over ten

(10) years. This familiarity with the Site and the City of Arvin will provide local insight to the concerns of the community.

Conclusion-

The Brown and Bryant Site is scheduled to be turned over to the State of California within ten (10) years of the remedy being determined to be fully functional by EPA and the State of California (NCP, 40 CFR 300.435(f)(3) and 40 CFR 300.435(f)(2)). This transition is currently projected to take place around EPA FY2025 late Q3 early Q4 and any lapse in the specialized technical assistance support provided by HDR APTIM will greatly impact and may delay the transition. As identified above, HDR APTIM is uniquely qualified to provide technical assistance to the EPA in the Post RI/FS ROD Amendment process for Brown and Bryant because of their historic and current work supporting the characterization of site contamination and evaluation of the potential remedial options and their historic experience and local knowledge of the concerns of the community.

The EPA estimates it would take approximately 12 months for a new contractor to provide technical support for the ROD amendment process at the level of quality required. In order to become familiar with the project, the new contractor would need to re-visit and/or re-perform work completed by HDR APTIM resulting in duplicative costs and requiring considerable additional government funding, resources, and time. The Design and Engineering Services (DES) contract suite utilizes a qualification- based selection process. As evidenced herein, HDR APTIM is the most qualified contractor to provide technical support to the EPA during the Post RI/FS ROD Amendment process for the Brown and Bryant Superfund Site.

This is the first time this exception to Fair Opportunity has been used for this requirement.

V. Fair and Reasonable Cost Determination

The Contracting Officer will evaluate the pricing for the order to determine that the costs to the Government are considered fair and reasonable. The pricing is expected to be based upon similar labor rates as those incorporated into the current APTIM Contract EPS91302 Task Order 29 68HE0318D0009 which were previously determined to be fair and reasonable. Furthermore, the contractor has agreed to ceiling labor rates at the IDIQ level for each contract year under HDR APTIM LLC RAF-DES contract 68HE0318D0009. The Contracting Officer and the Program Office will also review the anticipated level of effort to ensure that it is consistent with the work required by post RI/FS ROD Amendment technical support requirement. During performance, the labor hours incurred by the contractor will be subject to surveillance by the Contracting Officer's Representative (COR). Travel Incurred by the contractor will reviewed by the government and will be reimbursed only for actual expenses incurred that are determined to be reasonable and within the limitations of the Federal Travel Regulations (41 Code of

Federal Regulations (CFR}, Chapters 300 through 304).

VI. Overcoming Barriers to Competition

SF330 Review-To support this assessment, on February 23, 2023, EPA completed a review of the current SF 330s on file for the other eight contractors within CLIN 3. The SF 330s were reviewed for a Project Manager with two projects within the last ten (10) years which involved groundwater contamination, work with Monitored Natural Attenuation, and experience in Region 9. The search did reveal that Project Managers for five of the reviewed SF 330s and others did contain resumes of other personnel with experience working with groundwater contamination and/or MNA. While other CLIN 3 contractors may possess the general experience in working with these factors, it is believed that HDR APTIM is the most qualified contractor to completing the ROD amendment and to address any concerns the State of California may present during the transition to the state of California. HDR APTIM has the unique qualifications and necessary knowledge, staff, and experience to complete this work at the level of quality required due to its eight years of site experience and invaluable sometimes undocumented historical site knowledge. HDR APTIM’s familiarity with the groundwater plume, the current conditions of the B-Zone aquifer and the effectiveness of MNA, and with the setup of the groundwater treatment system on-site will allow HDR APTIM to complete the ROD amendment in a timely fashion and expedite the transfer of the Site to the state of California. Moving forward with a different contractor will result in delays in completion of the ROD amendment and delay the planned site transfer.

VII. Approvals

Reviews and approvals must be performed in accordance with EPA Acquisition Guide Section 1.6 Attachment A and FAR 16.505(b)(2)(ii)(C).

In accordance with FAR 16.505(b)(2)(U)(D), within 14 days after placing the order, the Contracting Officer will publish a notice 1n accordance with FAR 5.301 and make publicly available the Justification at www.sam.gov and on the website of the agency, which may provide access to the justification by linking to www.sam.gov, for a minimum of 30 days.

****************************************************************************** In accordance with FAR 16.505(b)(2)(ii)(C), I certify the rationale and supporting data which forms the basis of this justification as complete and accurate. As such, this justification is approved.

_ 04.28.2023______________________

Samantha Watts Date Task Order Contracting Officer U.S. EPA – Region 9

Digitally signed by ZACHARY SLATER Date: 2023.04.28 07:54:38 -07'00'__________________________________

Zachary Slater Date Regional Acquisition Manager U.S. EPA – Region 9 image1.png image2.jpeg