Anaconda Justification for Exception to Fair Opportunity Final Signed 9.23.2020_1.pdf

Source Selection Information – see FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER ABOVE THE SIMPLIFIED ACQUISITION THRESHOLD

Contract 68HE0318D0003/TO Number TBD

1. Identification of the agency and the contracting activity, and specific identification of the document as a Justification for an Exception to Fair Opportunity. This is a Justification for an Exception to Fair Opportunity. The requiring activity is the Office of Land and Emergency Management (OLEM), Office of Superfund Remediation and Technology Innovation (OSRTI), Environmental Protection

Agency (EPA), and is being awarded by the Region 8 Contracts office.

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

This document is Region 8’s Justification for an Exception to Fair Opportunity for the issuance of a task order with a base period of three months and an optional period of three months for services at the Anaconda Co.

Smelter Superfund site. The justification supports utilization of FAR Part FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies and services required at the level of quality required because the supplies or services ordered are unique or highly specialized. This justification is for the requirement to provide technical and construction oversight services for the transition time period between the expiration of the Response Action Contracting Strategy (RACS) contract and the anticipated award of a Design Engineering Services (DES) task order under Remedial Acquisition Framework (RAF).

3. A description of the supplies or services required to meet the agency’s need.

Region 8/SEMD requires contracted technical and oversight support services to bridge the gap between September 27, 2020 and the anticipated competitive DES task order award date of November 5, 2020 to mitigate a stop work situation for the site. While the Potentially Responsible Parties conducting the design and cleanup work at the site will continue to work under existing orders, EPA needs to provide adequate oversight to ensure that their work is protective of human health and the environment and meets statutory requirements, and that public confidence in the cleanup is assured. This site is on the U.S. EPA Administrator’s Emphasis List (AEL), and as such, commitments have been made to the public, as well as state and local officials, that every effort will be made to accelerate the clean-up of the site.

Estimated Value: $493,000

Identification of the awardee to be solicited.

CDM Smith 10560 Arrowhead Dr., Suite 500 Fairfax, VA 22030

4. Identification of the exception to fair opportunity and the supporting rationale. The contracting officer has determined the circumstances of the contract action to meet the following statutory exception under FAR 16.505(b)(2)(i)(B) as supported below:

Only one awardee is capable of providing the supplies and services required at the level of quality required because the supplies or services ordered are unique or highly specialized - FAR 16.505(b)(2)(i)(B) – The agency’s need for the supplies or services are so unique and highly specialized that only CDM Smith, the incumbent contractor onsite, can ensure those critical services are continued at the level of quality required without delays.

CDM Smith’s extensive experience and knowledge of the site renders the contractor the only source to provide the continued services over this short period of time. CDM Smith has proven over the last decade to be responsive in providing the highly specialized services for the oversight of soil remediation. The contractor’s vast knowledge of the site terrain and current challenges makes them uniquely qualified to provide these critical services ensuring there is not a delay or interruption of services as we head into the winter months. Work that will continue at the Anaconda Co. Smelter site and requires critical oversight includes ongoing operation and monitoring of a ground water and surface water treatment system, residential yard and attic cleanups, maintenance of capped mine waste, reclamation of waste areas and impacted uplands, cleanup of commercial/industrial use properties, slag pile maintenance and monitoring, data collection for compliance determination and remedial design of new remedy components, stormwater maintenance and sampling. Region 8 is also currently negotiating a final consent decree for remedial design and remedial action at the site, and anticipate the parties signing a partial consent decree by September 25, 2020. There is a considerable amount of technical support required to evaluate technical data to develop the site-wide consent decree language and the statement of work. It is critical that adequate oversight is provided for design and construction activities and that technical expertise is procured for negotiations support to ensure thorough and expedient review of technical work plans and evaluation of environmental/compliance data to meet the goal of completing the site-wide consent decree by the end of the 2020 calendar year.

Although the current RAC to RAF transition gap is anticipated to be more than a month in duration, there is a considerable amount of ongoing work being performed by the Potentially Responsible Parties under Unilateral Administrative Orders and in support of the partial and sitewide consent decree negotiations. The design and cleanup activities require close monitoring/oversight to ensure that human health and the environment are protected, and that the work is in compliance with Unilateral Administrative Orders and EPA Records of Decision for each of the Operable Units. Adequate oversight also provides assurance to community members that EPA is ensuring that the work is conducted appropriately and in accordance with the required plans and standards.

The exception to fair opportunity for issuance of a bridge task order to CDM Smith is required to allow EPA to maintain contractual support for oversight of residential yard and house interior/attic sampling and cleanups to protect public health at the Anaconda Co. Smelter site which is in and around Anaconda, Montana and covers an area of approximately 300 square miles. The City of Anaconda has a coordinated city-county government (Deer Lodge County), has a population of approximately 9,131 (2018 estimate), and covers an area of approximately 741 square miles (2018 estimate). Approximately 2,500 homes were impacted by historic aerial (smelter) emissions and other mine waste contaminated with lead, arsenic, cadmium, copper, and zinc. EPA has the authority to respond to any release or threatened release of a hazardous substance, pollutant or contaminant pursuant to Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Section 104, and 40 CFR Part 300, National Oil and Hazardous Substances Pollution Contingency Plan. EPA contractor oversight ensures that potentially responsible parties are following appropriate health and safety protocols during field work to protect workers, residents, and the public. EPA contractor review of remedial designs and remedial action work plans ensures that the remedy constructed by the potentially responsible parties meets ROD requirements, design requirements, and applicable or relevant and appropriate (ARARs) protective of human health and the environment in accordance with CERCLA Section 121. The community impacted by the Site has environmental justice concerns. Contractor support for EPA oversight of compliance ensures the validity of the data and adherence to requirements which serves a critical need for this community.

5. Determination of Cost Fair and Reasonable.

The Contracting Officer will award this task order against contract 68HE0318D0003 with CDM Smith. The Contracting Officer has significant historical pricing to rely upon in determining whether a fair and reasonable price has been proposed. In addition, the negotiated labor rates in Contact 68HE0318D0003 will be utilized by the contractor in performance of this task order, and those rates were determined to be fair and reasonable at the award of the base contract. Finally, the Independent Government Estimate will be used as a metric to ensure the proposed price provides a best value for the Government.

6.

The anticipated award date for the Anaconda Co. Smelter DES task order is November 5, 2020.

7. Statement of actions.

As noted above, Region 8 has begun the process of putting in place a competitive task order for these services using the RAF DES suite of contracts. The award of this competitive task order is anticipated to be made by November 5, 2020. This bridge task order is only required to provide these critical services to the Agency until the competitive task order can be put in place.

8. Contracting Officer Certification.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Gayle B. Barajas Regional Acquisition Manager

9. Technical / Requirements Certification

I certify that the facts and representations under my cognizance which are included in this justification and its supporting acquisition planning documents, are complete and accurate to the best of my knowledge and belief.

Betsy Smidinger Director, Superfund and Emergency Management Division

10. Approvals

The approving official has made the determination that FAR 16.505(b)(2)(i)(B) is applicable to this order.

Kimberly Y. Patrick Director, Office of Acquisition Solutions