Exception_to_Fair_Opportunity_-_Hastings_Co_Ave_OU01_Follow_On_1.pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Authority FAR Part 16.505(b)(2)(i)(B), RAF Contracts Manual 4.4.12

1. Agency: U.S. Environmental Protection Agency (EPA), Region 7

Contracting Activity: Hastings Groundwater Superfund Site Colorado Avenue OU01 under Remedial Action Framework (RAF), Environmental Services and Operations (ESO).

Contractor: EA Engineering, Science, and Technology, Inc., PBC (EA)

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

EPA Region 7 requires groundwater sampling and analytical support at the Hastings Groundwater Contamination Superfund Site (Site) Colorado Avenue (Subsite) Operable Unit (OU) 01 in support of on-going remedial activities.

The Hastings Groundwater Contamination Site is located in and around Hastings, NE, and the Colorado Avenue Subsite is located within an industrial area of Hastings, NE and includes both groundwater (OU01) and soil (OU09) units.

Contamination at the Colorado Avenue Subsite originated from the former Hastings Industries that owned and operated a heating and air conditioning manufacturing business at 108 South Colorado Avenue. Trichloroethene (TCE) was used in a vapor degreasing process at the site.

The site was placed on the National Priorities List in 1986. The site consists of seven subsites with 21 Operable Units.

Contamination sources vary at these subsites. Source areas include: a vapor degreasing operation, former landfills, a coal gas plant, an industrial park, and a grain elevator that have contaminated public and private water supplies. Some subsites and residential properties have been cleaned up. However, environmental risks remain, and long-term cleanup is ongoing.

This requirement is for a new task order that will continue work that the contractor is conducting under contract 68HE0118D0004, task order 68HE0723F0025. During the current field activities, it was determined that monitoring well abandonment and installation is necessary and was not included in the original task order scope.

The purpose of this document is to justify an exception to the fair opportunity process and to procure these services from EA. This new task order under the national EPA Remedial Action Framework – Environmental Services and Operations (ESO) contract platform will be to supplement current groundwater sampling efforts at the site. EA is uniquely qualified to perform activities as they are currently engaged to provide the groundwater sampling activities and are mobilized to the Site. If EPA were to compete a new task order in lieu of justifying an exemption to fair opportunity, it would result in considerable project delays with potential lapses in groundwater monitoring which would pose a risk to public health as contamination has entered the local aquifer, which ranges in depth from approximately 110 to 135 feet below ground surface, or bgs. Project delays would also result in an increased cost to the Government.

3. Description of the Supply/Services required to meet the agency’s needs:

The contractor shall furnish all necessary and appropriate personnel, including subcontractors, materials, and services needed to repair or abandon monitoring wells identified by the EPA or by the contractor during the semi-annual groundwater sampling events that have been damaged.

The estimated value of the task order is $298,125.00 if a sole source award can be made to EA. If not, the total estimate is $500,000.00 due to the additional time for competition and supplemental requirements for allowing a new contractor to acclimate to the Site, including a review all of the background information.

4. Identification of the exception to fair opportunity and supporting rationale:

The EPA justifies this sole source procurement in accordance with RAF Contracts Manual 4.4.12 and 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.

EA has highly unique site-specific experience due to their ongoing involvement in the remedial activities. This work is considered high priority and time sensitive in order to protect public health. Based on preliminary cost estimates, selection of EA for the task order will result in an Agency savings of approximately $200K and allow for time-critical repairs to commence sooner than would otherwise be possible if awarding to a new recipient.

Issuing the proposed new task order to EA to continue this effort represents the best decision to meet the Government’s need without causing significant financial harm, creating unnecessary and potentially harmful delays, and damaging ongoing remedial activities. The contractor is uniquely qualified to complete the work on this project. They have the necessary knowledge, staff, and experience to complete this work in the most cost effective and efficient manner for the EPA. Transitioning this project through another contract competition would impact project schedule and incur additional costs.

5. Fair and reasonable determination:

EA has been providing technical support at the site since 2023 at previously negotiated contract rates which were found to be fair and reasonable. The Contracting Officer has determined that the anticipated cost to the Government will also be fair and reasonable as the rates under the ESO contract have also been negotiated and found to be fair and reasonable.

6. Other facts supporting the justification:

Due to the unique requirements for this project and the need for continuation of on-going services without additional interruption, no additional market research was conducted. The costs and delays associated with re-procurement were determined to not be in the best interest of the Government nor for public health or the environment.

Based on these considerations, only one firm was deemed able to provide the necessary historical knowledge, technical expertise and qualifications to continue to support EPA’s mission through performing the well abandonment and repair at the Site. The potential savings of approximately $200K will provide the Government a cost savings benefit in addition to continuity of operations. A new contract action will most likely cause a stop-work for the project and increase the risk to the general public. Therefore, I hereby determine that only one capable source is available for this procurement and a sole source Request for Offer will be sent to EA with an estimated net value of $298,125.00.

7. Actions the agency will take to overcome barriers to future exceptions to fair opportunity:

EPA will compete future requirements for this type of work utilizing the Agency’s multiple-award Indefinite Delivery/Indefinite Quantity Environmental Services and Operations contract. This contract vehicle allows for competition among multiple contract holders which includes multiple small business as well as multiple joint ventures.

8. CO determination:

I certify that the supporting data under my cognizance which is included in this justification is accurate and complete to the best of my knowledge and belief.

9. Program certification:

The information presented above, which is the basis for the justification, was compiled by the Region 7 Remedial Project Manager, and is certified and accurate as evidenced by signature.

Laura Price Remedial Project Manager

Prepared By:

Scott Dandy Lead Contracting Officer EPA Regions 7 and 10

Approved By (Level Above):

Koni B. Fritz Regional Acquisition Manager EPA Regions 7 and 10