JOFOC2_1_1.PDF

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Argonaut Mine

FAR 16.505(b)(2)(ii)(B)

1. Identification of the agency and the contracting activity.

US. Environmental Protection Agency (EPA), Region 9, Superfund Division.

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

Completion of engineering design and cleanup oversight of the Non-Time Critical

Removal Action for residential properties (Residential NTCRA) that are impacted by mining waste associated with the Argonaut Mine Superfund Site located in Jackson

California.

3. Description of supplies or services required to meet agency needs (including the estimated value and Period of Performance).

Argonaut Mine Superfund Site contains arsenic, mercury and lead contamination related to processing gold ore and disposal of mine waste. As a result of ore processing, waste

(tailings) was deposited in 4 tailings ponds downhill from the mine mill. The transport of the tailings in a disposal flume and careless handling of the material in loading and handling areas have resulted in soil that has become contaminated with arsenic and other metals. These contaminated areas subsequently had residential neighborhoods built on them.

Under RAF contract 68HE0318D0005, Task Order 68HE0923F0096, EA is in the process of researching and writing an EE/CA for the cleanup of residential properties associated with contamination from past mining operations. As part of the draft

Residential EE/CA, significant information was collected and written about including site history, geology and soil, hydrology, previous work, conceptual site model, risk evaluation for site specific contaminants (human and ecological risk) and proposed residential cleanup levels. EPA requires this same information to conduct removal design that is needed after the Residential EE/CA is completed. A Residential EE/CA is needed to analyze the cleanup of up to 40 residential yards in and around tailings flume and waste handling areas that are found in and around homes that have been inadvertently built over the waste material. In addition to designing the remediation, EA will also be overseeing the implementation of the remediation.

Anticipated period of performance April 24, 2024-April 26, 2026.

Estimated value: $744,458.40

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

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 is in the process of writing the Residential EE/CA from which it has specialized site-specific knowledge to more efficiently design and oversee the implementation of, the removal action. EA holds substantial knowledge in the physical nature of the area that is the subject of the residential removal action. EA will not have to expend time and funds to become familiar with and confirm the existing information that is already known by

EA in several chapters of the Residential EE/CA. It is estimated that other companies will take several months to get familiar with the site to start engineering design work for the residential cleanup and then would have to confirm and redo some of the existing information in order to stand behind the analysis. It is estimated that a savings of approximately $50,000 would be realized by having EA design and oversee the remediation of residential areas. The residential design is needed to start soon to access resources for the residential cleanup that have been committed to the project and to avoid delaying cleanup of known contamination in residential yards.

John Hillenbrand

Remedial Project Manager

U.S. EPA – Region 9

5. Approval I certify that this justification is accurate and complete to the best of my knowledge and belief. As such, this justification is approved.

Mena Medeiros Rede Shifferaw

Task Order Contracting Officer Regional Acquisition Manager

U.S. EPA – Region 9 U.S. EPA – Region 9