APPROVAL_AAC_20260423_R9_Justification_For_Fair_Opportunity_Exception_Afterthought_Mine_1.pdf

JUSTIFICATION FOR FAIR OPPORTUNITY EXCEPTION

Afterthought Mine Superfund Site – Urgent Repair

In accordance with Revolutionary FAR Overhaul (RFO) 16.507(b)(1)

In accordance with the RFO 16.507(b)(1), the proposed contractual action is pursuant to the statutory authority of 41 U.S.C. 253(c).

I. Identification of the agency and the contracting Activity.

Contracting Office: Region 9 Program Name: Superfund and Emergency Management Division (SEMD) National Priorities List (NPL) Site: Afterthought Mine (Bella Vista, CA) Contract Type: Cost Reimbursement Contract Suite: Design and Engineering Services (DES) Requisition No. PR-RAF9-26-00136 Period of Performance: May 1, 2026 – April 30, 2027 (12 months)

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

Design and Engineering Services (DES)Task Order for Afterthought Mine in Shasta County, California to provide urgent technical design services for planning and conducting non-time-critical interim action at Afterthought Mine near Bella Vista, CA.

III. Description of Services required to meet agency needs (Including the estimated value).

The scope of this sole-source task order is to provide technical design services for planning and conducting non-time-critical interim action at Afterthought Mine near Bella Vista, CA. The tasks included under the proposed Task Order are investigation and mitigation of actual or threatened releases of hazardous substances at or near this mine site. Inspection and design are required immediately to complete design work to mitigate known hazards by 1 November 2026.

The Task Order award value is $2,300,000.

IV. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the exception cited.

RFO 16.507-6(a) requires an ordering activity to justify its actions when fair opportunity is restricted. The specific circumstance that justifies restriction for this acquisition is RFO l6.507-6(b)(1), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

The Afterthought Mine is an abandoned copper and zinc underground mine and smelter located near Ingot in Shasta County, California. Situated along California State Highway 299, the site lies adjacent to the east bank of Little Cow Creek. The mine is approximately twenty-two (22) miles north and east of the town of Redding. Ore was extracted from the mine at various times between 1862 and 1952. The extracted ore was processed and smelted at different areas on the site, although the precise locations of these processing and smelting areas remain unclear.

Remnants of the mine are still present, including waste rock piles, adits and portals, surface slopes, and the ruins of the mill. Acid mine drainage (AMD) containing elevated levels of cadmium, copper, iron, and zinc flow continuously into Little Cow Creek. The AMD flow rate has been estimated to range from three (3) gallons per minute during the dry season to over 250 gallons per minute in winter. The mine consists of four (4) miles of underground workings, with crosscuts and multiple levels.

On January 24, 2025, evidence of a sudden discharge from Adit 1, related to stormwater flowing into Shaft 1 and other areas, was observed during a site inspection. This included a fissure about fifteen (15) feet above the adit opening, indicating rapid discharge of pressurized mine fluid. The fissure has weakened the rock and soil above the portal, presenting a potential for collapse that could block mine drainage. Such a blockage could lead to a build-up of pressure inside the adit and result in a sudden discharge of a large quantity—estimated at 1-3 million gallons—of orange AMD drainage into Little Cow Creek. Discharge from Adit 1 into surface waters will cause further contamination of Little Cow Creek, which eventually flows into the Sacramento River. The Sacramento River is a major source of drinking water for millions of people in California. Note: An adit is a horizontal or near-horizontal entrance, tunnel, or passage driven from the surface into the side of a ridge or mountain to access an underground mine.

The initial task order for Afterthought Mine involved completing design and maintenance work on the upper portions of the access road to ensure safe site entry. It also included the design and partial installation of a stormwater diversion ditch to prevent water from entering the main mine shaft. However, a large, unstable boulder has prevented completion of work in this area. While reducing flows into and out of the main adit has decreased the rate of acid mine drainage, the risk of a collapsed adit persists and must be addressed.

The proposed task order will encompass the technical support services needed for the design to mitigate the potential collapse of the mine adit and the resulting pressure build-up inside Adit 1. Specifically, mine inspection and design services are required to reduce the risk of blowout and to enhance water control and management. The task order includes project management, inspection, project planning support, remedial design activities, preconstruction support, designer of record services, and support for remedial action management. The needs at Afterthought Mine are urgent, necessitating a rapid turnaround of design services for planning and conducting a non-time-critical interim action to prevent further discharge at the site. If these efforts are not completed, there is a significant risk of a blowout at Adit 1, which could result in surface water contamination during the upcoming rainy season. The Afterthought Mine site currently presents uncontrolled exposure to site-related contaminants that threaten water resources used for drinking water by California residents.

CH2M Hill is best able to provide expert technical support and engineering design services for pressing action at the Afterthought Mine Superfund Site due to their current knowledge of the site, in-depth understanding of existing conditions, and their ability to mobilize resources quickly to meet the required timeline for construction design completion by November 2026. CH2M Hill's geotechnical expertise and resource availability are critical to meeting the schedule. As the current primary contractor (Order No. 68HE0925F0053 under DES Contract No.

68HE0318D0004), CH2M Hill has improved site access, temporarily diverted stormwater from the mine shaft, and inspected and assessed the potential for collapse at the mine adit. Furthermore, CH2M Hill possesses the qualifications, knowledge, staff, and experience necessary to complete this work at the required level of quality, with a unique understanding of the site and especially the main adit area.

CH2M Hill also has extensive experience providing remedial design and construction support for western mine Superfund sites, including developing RD/RA strategies at CERCLA sites, planning and implementing PDI activities, collaborating with stakeholders, reconciling comments on design packages, supporting preconstruction activities, and managing design changes and technical clarifications during construction. These qualifications make CH2M Hill uniquely suited to expedite the preparation of Afterthought Adit 1's water control and management design in a high-quality and timely fashion. CH2M Hill is uniquely qualified to deliver the site-specific expertise and resources required to meet the U.S. EPA’s accelerated timeline for completing the Adit 1 design, ensuring remediation design is finished by November 1, 2026.

CH2M Hill’s prior completion of design services at the site has provided them with a unique working knowledge, experienced staff in the local area, access to previously reviewed supporting documentation, and a clear understanding of the EPA’s site-specific design requirements. Their expertise allows for rapid interpretation of relevant information and the efficient preparation of a biddable design package. EPA estimates that the process of selecting a new contractor through the current DES protocol would take approximately 171 days. Additionally, a new contractor would require two (2) months to become familiar with the site, another two (2) months to schedule mine inspections, and an additional sixty (60) days to complete a biddable design package. Such delays would severely impact EPA’s capacity to complete the remedial design for the planned urgent action and would result in unacceptable delays, potentially putting vital water resources at risk of contamination.

V. A determination by the contracting officer that the anticipated cost to the Government will be Fair and Reasonable.

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 that have already been incorporated into CH2M Hill's RAF DES contract 68HE0318D0004. These ceiling labor rates were previously determined to be fair and reasonable by the contract level Contracting Officer at award. 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 the 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 be 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 Regulation System (Title 41 CFR Chapters 300–304).

VI. Any other facts supporting the justification. N/A

VII. A statement of the actions, if any, the agency may take to remove or overcome barriers to competition.

EPA completed a review of the current SF 330s on file for the other eight (8) contractors within CLIN 3. The SF 330s were reviewed for projects within the last ten (10) years which involved experience in remedial actions. While other CLIN 3 contractors possessed some experience conducting work on western mine Superfund sites, the EPA concluded that CH2M Hill has the required resources to complete the design for this urgent action on the requisite accelerated timeline. In addition, the reviewer concluded that CH2M Hill is highly qualified and has the necessary knowledge, staff, and experience to complete this work at the level of quality required for this action. Moving forward with a different contractor would result in delays in completion of the design and endanger the completion of this important remediation action to mitigate the risk Adit 1 blowout this winter.

JUSTIFICATION FOR FAIR OPPORTUNITY EXCEPTION

Afterthought Superfund Site – Urgent Repair

In accordance with Revolutionary FAR Overhaul (RFO) 16.507(b)(1)

Certifications and Approval

VIII. Contracting Officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Mena Medeiros, Task Order Contracting Officer

IX. 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.

John Hillenbrand, RPM

X. Reviewing Official - One Level Above the Contracting Officer

Jasmine Dare, Acting Region 9 Remedial Acquisition Manager (RAM)

X. Written determination by the approving official that one of the circumstances in RFO 16.507(b)(1) paragraphs (b)(1) through (6) applies to the order. Approval per RFO 16.507-6(e)(2).

Celia Vaughn, Agency Advocate for Competition (AAC) Environmental Protection Agency

MENA MEDEIROS Digitally signed by MENA MEDEIROS Date: 2026.04.23 06:10:07 -07'00'