Justification_for_An_Exception_To_Fair_Opportunity-_Amendment_3.pdf

Amendment 3- Page 1

UNITED STATES DEPARTMENT OF ENERGY

OFFICE OF ENVIRONMENTAL MANAGEMENT CONSOLIDATED BUSINESS

CENTER, OFFICE OF CONTRACTING

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

AMENDMENT 3 TO APPENDIX 1 to the ACQUISITION PLAN FOR:

TECHNICAL SUPPORT FOR ENVIRONMENTAL COMPLIANCE FOR

AREA IV IN THE NORTHERN BUFFER ZONE OF THE SANTA SUSANA FIELD

LABORATORY (SSFL) IN SUPPORT OF THE

ENERGY TECHNOLOGY ENGINEERING CENTER (ETEC)

TASK ORDER: DE-DT0003515

CONTRACT DE-EM0001128

Amendment 3- Page 2

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

CONTRACT DE-EM0001128/TASK ORDER DE-DT0003515 under the EM Nationwide

Multiple Award ID/IQ Contracts – Unrestricted

Appendix 1 - Amendment 3

Original Justification for an Exception to Fair Opportunity

CDM, a Joint Venture was awarded a Task Order under the EM Nationwide Multiple Award ID/IQ Contract – Unrestricted, on September 27, 2012, with an effective date of October 1, 2012.

A justification for an exception to fair opportunity was issued for the award of the Task Order on March 30, 2012, and was posted to FedBizOpps.gov for 30 days, as required by FAR 16.505(b)(2)(ii)(B) and 16.505(b)(2)(ii)(D). See Attachment 1 to this document for the initial, signed justification for an exception to fair opportunity.

Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 1

The initial Task Order was awarded in the amount of $11,367,593.00. Per FAR 16.505(b)(2)(ii)(C)(2), for a proposed order exceeding $650,000, but not exceeding $12.5 million, the approval authority for the initial justification for an exception to fair opportunity was the advocate for competition of the activity placing the order, Ralph Holland.

Proposed changes to the original Task Order, which will be issued via a modification to the Task Order, in accordance with FAR 52.243-2, “Changes-Cost Reimbursement (Aug 1987) Alt II,” have not yet been negotiated. Once negotiated, the changes will increase the total ceiling of the Task Order to $17,665,134.00.

Because of the changes to the requirements of the Task Order issued in accordance with FAR 52.243-2, “Changes-Cost Reimbursement (Aug 1987) Alt II,” the total value of the Task Order exceeds the referenced threshold for the previous approval authority. Thus, in accordance with FAR 16.505(b)(2)(ii)(C)(3), for a proposed order exceeding $12.5 million, but not exceeding $62.5 million, the justification must be approved by the head of the procuring activity placing the order.

There are no major changes to the original justification for an exception to fair opportunity;

however, a few Task Order requirements and services have been completed, a number of requirements have been added, and the overall estimated value for these services has increased.

See Attachment 2 to this document for Amendment 1, signed justification for an exception to fair opportunity. Amendment 1 was signed by the HCA November 12, 2014.

Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 2

The current Task Order requires completion of Performance Work Statement (PWS) to conduct all soil and groundwater characterization, conduct data gap analysis and based on that analysis conduct additional sampling in all media, conduct soil treatability studies, conduct groundwater data gap analysis, prepare a groundwater work plan for Department of Toxic Substances Control (DTSC) approval of significant data gaps, develop data summary reports, soil remediation implementation plans, and complete the Environmental Impact Statement (EIS). Through the

Amendment 3- Page 3 review and analysis process, it has been determined that it will be necessary to expand, modify and remove some tasks within the PWS, in order for DOE to complete its obligations under the 2007 Consent Order and the 2010 Administrative Order on Consent with the state of California as well as to completely analyze alternatives and their impact(s) in the EIS. These modifications to the PWS will prevent CDM’s completion of the PWS by September 30, 2015, the end of the current period of performance. Therefore, the Task Order period of performance needs to be extended for 18 months. The current Task Order value is $17,660,007.00. The changes to the PWS are estimated to increase the value of the Task Order by no more than $4,000,000.00.

There are no major changes to the original justification for an exception to fair opportunity; other than the Task Order requirements and services that have been completed, added, modified, removed and the overall estimated value for these services is anticipated to increase by no more than $4,000,000.00.

Based on the information in the original justification, signed March 30, 2012, and the information included in this Amendment 2, it is believed that no other source presently has the level of knowledge, experience, expertise, and existing relationships that CDM possesses to fulfill these requirements. Although a contractor other than CDM could possibly acquire these capabilities during performance of the Task Order, it would require a considerable amount of time and expense such that it would not be possible to complete the PWS within the schedule and funding profile required by DOE. See Attachment 3 to this document for Amendment 2, signed justification for an exception to fair opportunity. Amendment 2 was signed by the Competition Advocate July 17, 2015.

Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 3 (New)

The current Task Order requires completion of Performance Work Statement (PWS) to conduct all soil and groundwater characterization, conduct data gap analysis and based on that analysis conduct additional sampling in all media, conduct soil treatability studies, conduct groundwater data gap analysis, prepare a groundwater work plan for Department of Toxic Substances Control (DTSC) approval of significant data gaps, develop data summary reports, soil remediation implementation plans, and complete the Environmental Impact Statement (EIS). Through the review and analysis process, it has been determined that the formal review process by DOE has taken longer than anticipated as the Department has been meticulous in its review of all data and analysis due to the complexities at ETEC. Thus making it necessary to extend the period of performance, and expand, and modify some tasks within the PWS, in order for DOE to complete its EIS and DOE’s obligations under the 2007 Consent Order and the 2010 Administrative Order on Consent with the state of California. These modifications to the PWS will prevent CDM’s completion of the PWS by March 31, 2017, the end of the current period of performance.

Therefore, the Task Order period of performance needs to be extended for 24 months. The current Task Order value is $21,431,874.00. The changes to the PWS are estimated to increase the value of the Task Order by no more than $3,000,000.00.

There are no major changes to the original justification for an exception to fair opportunity; other than the Task Order requirements and services that have been, added, modified, and the overall estimated value for these services is estimated to increase by no more than $3,000,000.00 which I determine is fair and reasonable based on input from the my technical point of contact.

Based on the information in the original justification, signed March 30, 2012, and the information included in this Amendment 3, it is believed that no other source presently has the