JETFO_05_25_2021_Ordot_Guam_EPA_R9_RAF_ESO_Redacted_1.pdf

response to “an historical lack of leadership, planning and vision by the island’s leaders.”

Between 2008 and the present, the Receiver has produced an immense volume of technical documents, including designs and design basis, specifications, post-construction certification reports, operating plans, closure plans, post-closure plans, cost estimates, and many years of data on leachate volumes, seeps and seep chemical quality, groundwater levels and chemical quality, hydrogeology, and soil vapor. Although much of the technical work under the consent decree has been completed, the consent decree also requires certain certifications signed under penalty of law that must include appropriate and comprehensive supporting technical documentation before U.S. EPA will accept the certification, and the full terms of the consent decree can be satisfied, and the consent decree terminated. U.S. EPA estimates that this process, although ending, could take up to two years due to data that will need to be collected on leachate flow, rainfall, seeps and chemical quality, and groundwater levels and chemical quality during at least one, and possibly two of Guam’s rainy seasons. This data and associated analysis, integrated with site hydrogeology and engineering measures, are necessary to help determine the source(s) and remediation of rising leachate volumes, the presence and remediation of leachate-contaminated seeps, and the long-term costs of any remediation, and maintaining and controlling the site. Concurrently, the U.S. EPA plans to pursue, as appropriate, site deletion from the NPL.

Justification Summary (FAR 16.505(b)(2)(i)(B))-

The EPA has an urgent need for E2 Consulting Engineers, Inc. (“E2”) to provide uninterrupted and continuous expert technical support for the Ordot Superfund Site. The contractor currently provides technical assistance support services for the Ordot Site as a primary subcontractor under the EPA Region 9’s RAC 3 APTIM contract EP-S9-14-01, Task Order 68HE0918F0376 (054 #054-TATA-09A7). The RAC 3 APTIM contract is due to expire in November of 2023.

E2 is uniquely qualified to provide technical assistance to the EPA at the level of quality required because of their historic and current work supporting the Ordot Site.

E2 Consulting Engineers, Inc. (“E2”) has the unique qualifications and necessary knowledge, staff, and experience to complete this work at the level of quality required as it currently provides the services described herein for the Ordot site. E2 has participated in site activities since being hired as a primary subcontractor for TO#54 by RAC Prime Contractor APTIM in 2018. Since becoming the primary subcontractor for the Site, E2 has been instrumental in providing site-specific subject matter expert technical assistance for Ordot in the following areas-

1. E2’s historic and current work providing technical support for Ordot has provided the firm with an understanding site characterization---namely, the hydrogeology and engineering measures used on the Ordot site and has apply that expert knowledge to help U.S. EPA reach agreement with the parties on current site conditions and the resolution of site technical issues.

2. E2 has conducted extensive document review and is familiar with the volumes of site documents dating back to the Record of Decision (1988) through the past 15 years of documents produced by the Receiver. This historical understanding as well as a thorough understanding of the site-specific relevance and applicability of various U.S.

EPA programs, particularly CERCLA, the Clean Water Act, and the Resource Conservation and Recovery Act (RCRA) uniquely qualified to provide technical assistance support.

3. E2 has provided technical assistance with (1) cost estimates for obtaining a seeps reconnaissance effort and sampling and analysis of seeps, (2) post-closure cost estimates, which have been highly contested among the parties, (3) in landfill closure and post-closure care, and (4) the impact of groundwater/leachate intrusion of the efficacy of soil vapor extraction and expert testimony on Ordot in the consent decree case.

4. The contractor’s experiential knowledge as a RCRA state regulator is critical because the territory’s experience in post-closure cost estimates, and in issuing permits and ensuring compliance is nascent in this program, and because only states and territories have this experience since U.S. EPA does not issue such permits.

E2 is uniquely qualified to assist EPA in meeting its time critical needs for the Ordot Site

E2 Consulting Engineers, Inc. (“E2”) is uniquely qualified to provide the site-specific subject matter expertise to meet U.S. EPA’s time critical needs for the Ordot site. Critical data is being collected, analyzed, and presented beginning this fall 2023 (which coincides with Guam’s rainy season), it is presumed that the court will require timely review by the parties and timely resolution of complex technical issues and next steps. E2’s knowledge of decades of site work performed and documents developed is critical to providing expert and relevant technical assistance to U.S. EPA on the new information/analysis being collected and presented. E2’s senior staff who provide technical assistance on Ordot includes a (PhD) hydrogeologist with expert knowledge in Ordot’s complex site hydrogeology and whose comprehensive understanding of site conditions is crucial to helping determine the source(s) and remediation of increasing leachate volumes, and of leachate-impacted seep releases. E2’s expert staff also includes a senior chemist who is extremely knowledgeable in the complex chemical quality data of Ordot groundwater and surface water, and in the Receiver’s sample collection and analysis protocols and programs. E2’s subject matter expert on Ordot also includes an (PhD) engineer with critical site-specific technical expertise in CERCLA, landfills, leachate control systems, leachate treatment and disposal at wastewater facilities, and rainfall/leachate generation modeling. Lastly, and of particularly unique qualification, E2’s subject matter expert on Ordot includes a former RCRA regulator with experiential knowledge in Region 9’s most developed and progressive state RCRA program.

Conclusion-

The Ordot Site is scheduled for Site Deletion/ or Termination of the Consent Decree within the next 24 months. This decision is currently projected to take place around EPA FY2025, and the U.S. EPA expects once site deletion/ or consent decree termination occurs the Guam EPA will assume lead regulatory responsibility under its regulations and permitting authority, and the U.S. EPA CERCLA program will no longer be involved.

As identified above, E2 Consulting Engineers, Inc. (“E2”) is uniquely qualified to provide the site-specific subject matter expertise to meet U.S. EPA’s time critical needs for expert technical assistance at the level of quality required because of their historic and current work providing technical support for the site. Any lapse in the specialized technical assistance support provided by E2 will greatly impact and ddelay the termination of the consent decree and/or site deletion and the transfer of the Ordot site to Guam.

Essential data is scheduled to be collected analyzed and presented in the fall of 2023 (which coincides with Guam’s rainy season), timely review and resolution is required by the courts.

The EPA estimates it would take approximately 12 months for a new contractor to provide technical support at the level of quality required for the Ordot Site. To become familiar with the project, the new contractor would need to re-visit and/or re-perform work completed by E2 resulting in duplicative costs (including substantial travel costs to and from Guam) and requiring considerable additional government funding, resources, and time that would not be recoverable through competition.

This is the first time this exception to Fair Opportunity has been used for this requirement.

V. Fair and Reasonable Cost Determination

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 the current task order 68HE0918F0376 (054 #054-TATA-09A7) for which E2 is a primary subcontractor. These rates/costs were previously determined to be fair and reasonable. Furthermore, the contractor has agreed to ceiling labor rates at the IDIQ level for each contract year under RAF Contract 68HE0118D0021. 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 follow-on 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 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 Regulations (41 Code of Federal Regulations (CFR}, Chapters 300 through 304).

VI. Overcoming Barriers to Competition

To support this assessment, on May 8, 2023, EPA completed a review of the current the current Environmental Services projects for the other eleven contractors within CLIN 3. EPA project descriptions were reviewed for projects within the last ten (10) years which involved experience in Guam, landfill, and CERCLA Oversight. Additional sources for market research included SAM.gov, CPARS and internet searches of firm sites and relevant terms. The results are provided in the table below-

The search did reveal that several ESO contractors had relevant experience in Guam, Landfills and CERCLA oversight. While other CLIN 3 contractors may possess the general experience in working with these factors, it is the EPA technical determination that E2 Consulting Engineers would still be the best contractor to meet U.S. EPA’s time critical needs for the Ordot site. E2 has been providing subject matter expertise on the Ordot site since 2018 under the RAC III contract, which is set to terminate in 2023. E2’s currently provides highly qualified senior staff these staff include a (PhD) hydrogeologist with expert knowledge in Ordot’s complex site hydrogeology and a senior chemist who is extremely knowledgeable in the complex chemical quality data of Ordot groundwater and surface water, and in the Receiver’s sample collection and analysis protocols and programs. Awarding to E2 would allow these experienced staff to continue their technical assistance for Ordot at a critical juncture for the site. Moving forward with a different contractor will result in delays in the planned period for the Site transfer which will also incur more costs that would not be recoverable through competition due to the increased timeline.

VII. Approvals Reviews and approvals must be performed in accordance with EPA Acquisition Guide Section

1.6 Attachment A and FAR 16.505(b)(2)(ii)(C).

In accordance with FAR 16.505(b)(2)(U)(D), within 14 days after placing the order, the Contracting Officer will publish a notice 1n accordance with FAR 5.301 and make publicly available the Justification at www.fedblzopps.gov and on the website of the agency, which may provide access to the justification by linking to www.fedblzopps.gov, for a minimum of 30 days.