Amended Justification for an Exemption to Fair Opportunity-3.pdf

Justification for an Exemption to Fair Opportunity—Amendment Page 1 of 3

JUSTIFICATION FOR AN EXEMPTION TO FAIR OPPORTUNITY

AMENDMENT

1. Identification of the Agency and Contracting Activity

Requiring Office: U.S. Environmental Protection Agency – Region 6 Superfund and Emergency

Management Division Remedial Branch

Contracting Activity: U.S. Environmental Protection Agency – Headquarters

Office of Mission Support (OMS)

Office of Acquisition Solutions (OAS)

Address: 1300 Pennsylvania Avenue, NW

Washington, D.C. 20460

Subject: Tar Creek Superfund Site, all operable units— Remedial Investigation (RI), Feasibility Study (FS), and Remedial Design (RD) under Remedial Action Framework, Design and Engineering Service (DES)

2. Nature and/or Description of the Action being Approved The U.S. Environmental Protection Agency (EPA or Agency) Region 6 intends to issue a task order under the Design and Engineering Services (DES) contract, line‐item number (CLIN) 0002, to CH2M Hill, Inc. (CH2M; DES contract 68HE0318D0004) for ongoing Remedial Investigation (RI), Feasibility Study (FS), and Remedial Design (RD) work as well as RD implementation support for the ongoing and future Remedial Action (RA) projects at the Tar Creek Superfund Site (Site).

The original justification was approved on November 30, 2021, with an estimated total value $2 million (inclusive of options). This amendment is to capture the full bona fide requirements of this justification that resulted in a material increase of the estimated total value.

For the reasons provided in original approved justification, there are significant risks to the Government by not using CH2M to support RI/FS, RD, and RA work at the site. Therefore, it continues to be in EPA’s best interest to use an exception to the fair opportunity procedures under the original stated facts, since no other contractor can provide the required service that meets the agency’s need. Based on the approved original justification for an exception to fair opportunity, a task order will be awarded directly to CH2M Hill, Inc, under the DES contract.

3. Description of Supplies or Services Required EPA Region 6 continues to require the contractor to provide RI/FS, RD and RA Implementation Support at the Tar Creek Superfund Site as described in the original approved justification. This amendment is not introducing any new required services (statement of work (SOW) tasks and/or subtasks) and only seeks to expand the volume of the originally described services to permit options for more of the same scope of work. Thus, resulting in an increase in the total estimated amount from $2 million as originally stated to an estimated $7 million (inclusive of all options including the expanded use of options). The resulting task order will have a performance period of May 2022 through September 27, 2028 and the planned task order type will be a cost‐plus‐fixed‐fee (CPFF) as authorized under the base contract.

Justification for an Exemption to Fair Opportunity—Amendment Page 2 of 3

Identification of the awardee to be solicited: CH2M Hill, Inc. (DUNS 063248207)

9191 S. Jamaica Street

Englewood, CO 80112‐5946

Point of Contact: Annie Bauler

Contact Phone: (720) 286‐2586

Contact Email: annie.bauler@jacobs.com

4. Identification of the Exception to Fair Opportunity and Supporting Rationale This amendment relies on the same exception to the fair opportunity process as the original justification that permits this action is FAR 16.505 (b)(2)(i)(B), only one awardee is capable of providing the supplies or services at the level of quality required because the supplies or services ordered are unique or highly specialized.

5. Determination of Fair and Reasonable Costs Remains unchanged and the same as the original justification. No award will be made unless the anticipated costs are determined fair and reasonable.

6. Additional Supporting Facts Approved November 30, 2021, original justification for an exception to fair opportunity.

7. Proposed Actions to Overcome Barriers to Competition Remains unchanged and the same as the original justification.

Notice of this Justification for an Exception to Fair Opportunity amendment will be published with the original justification on Beta.Sam.Gov in accordance with the posting requirements in FAR

5.301 as described in FAR 16.505(b)(2)(ii)(D).

8. Technical Certification

In accordance with FAR 16.505(b)(2)(ii)(B)(9), I hereby certify that the technical requirements which form the basis for this Justification are accurate and complete to the best of my knowledge and belief.

Katrina Coltrain Date

Remedial Project Manager (RPM)

Region 6, SEMD, RB, LNOS

9. Contacting Officer Certification

In accordance with FAR 16.505(b)(2)(ii)(B)(8), I hereby certify that this Justification is accurate and complete to the best of my knowledge and belief.

Rayna Brown Date

Task Order Contracting Officer (TOCO)

Justification for an Exemption to Fair Opportunity—Amendment Page 3 of 3

11. Approving Official Determination

In accordance with FAR 16.505(b)(2)(ii)(B)(10), I hereby determine the information provided in this justification supports the citation provided in Section 4 of this document.

Tommie Madison Date Agency Advocate for Competition