Justification for An Exception To Fair Opportunity- Amendment 8- Package.pdf

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Attached to: JUSTIFICATION FOR AN EXCEPTION FOR FAIR OPPORTUNITY - ETEC
Solicitation number: DEDT0003515_0076
Issued by: Department of Energy Office of Environmental Management

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Amendment 8- 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 8 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 8- Page 2

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

Multiple Award ID/IQ Contracts – Unrestricted

Appendix 1 - Amendment 8

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 1 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

Amendment 8- 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.

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

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 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

Amendment 8- Page 4 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 1 to this document for Amendment 3, signed justification for an exception to fair opportunity. Amendment 3 was signed by the Competition Advocate November 7, 2016.

Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 4 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). Although much of the current Task Order has been completed, significant portions of the work required on the EIS has been delayed due to unanticipated delays in the DOE headquarters process. Many groundwater tasks have also been delayed. The Final EIS was published in December 2018, the next critical step is to respond to any comments received on that Final EIS and develop one or more Records of Decision, due to the state’s review of groundwater documents. In addition, the development of the required Programmatic Agreement with the State Historic Preservation Office has delayed the completion by CDM of the Programmatic Agreement that is necessary to comply with the National Historic Preservation Act. Therefore, it is necessary to extend the period of performance, 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.

The end of the current Task Order period of performance is March 31, 2019 and will need to be extended by nine months to December 31, 2019. The current Task Order value is $32,379,597.00. The nine-month extension will not increase the value of the contract.

There are no major changes to the original justification for an exception to fair opportunity and Amendments 1-3; other than the Task Order period performance is being extended for nine months.

Based on the information in the original justification, signed March 30, 2012, and the information included in this Amendment 4, 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 the capabilities to perform the remaining tasks of the Task Order, it would require considerably more time and expense. See Attachment 1 to this document for Amendment 4, signed justification for an exception to fair opportunity. Amendment 4 was signed by the Contracting Officer February 14, 2019.

Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 5

The current Task Order requires completion of the 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, Amendment 8- Page 5 soil remediation implementation plans, and complete the Environmental Impact Statement (EIS).

Although much of the current Task Order has been completed, portions of the work required on the EIS have been delayed due to unanticipated delays in the DOE headquarters process. The groundwater tasks must be performed in a series. First the Remedial Investigation Report, then based on that the Corrective Measures Study, then based on that the Corrective Measures Implementation Plan. Each step must be approved by DTSC prior to the contractor being able to totally complete the next step. DTSC has taken a long time to approve each step and although the CDM has worked in parallel to complete some tasks, due to this DTSC delay the completion of these tasks cannot be accomplished. The Final EIS was published in December 2018. The next critical step was to respond to any comments received on that Final EIS and develop one or more Records of Decision. DOE is currently at the end of the NEPA process. DOE decided that there would be two Records of Decision—one for building demolition and one for soil and groundwater. The Record of Decision for building demolition was issued in September 2019.

Due to the state’s review of groundwater documents, CDM has been unable to complete required follow-on studies and documents related to groundwater cleanup. The Record of Decision for soil and groundwater has been delayed. Therefore, it is necessary to extend the period of performance, 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. The current Task Order period of performance is October 1, 2012 to December 31, 2019 and will need to be extended by six months to June 30, 2020. The current Task Order value is $33,093,326.00. The six-month extension is estimated to increase the value of the Task Order by no more than $1,400,000.00 which the contracting officer has determined is fair and reasonable based on input from the technical point of contact.

There are no major changes to the original justification for an exception to fair opportunity and Amendments 1-4; other than the Task Order period performance is being extended for six months and increase in task order value.

Based on the information in the original justification, signed March 30, 2012, and the information included in this Amendment 5, 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 without considerably more time and expense. Although a contractor other than CDM could possibly acquire the capabilities to perform the remaining tasks of the Task Order, it would require considerably more time and expense.

Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 6 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 NEPA process. Although much of the current Task Order has been completed, portions of the work required on completing the NEPA process continue to be delayed due to unanticipated delays in the DOE headquarters process and inability to complete work due to social distance measures in response to the COVID-19 pandemic. The groundwater tasks must be performed in a series. First the Remedial Investigation Report, then based on that the Corrective Measures Study, then based on that the Corrective Measures Implementation Plan. Each step must be approved by DTSC prior to the contractor being able to totally complete the next step. DTSC has taken a long time to approve

Amendment 8- Page 6 each step and although the CDM continued to work in parallel to complete some tasks, due to this DTSC delay these tasks cannot be completed. The Final EIS was published in December 2018. The next critical step was to respond to any comments received on that Final EIS and develop one or more Records of Decision. DOE is currently at the end of the NEPA process.

DOE decided that there would be two Records of Decision—one for building demolition and one for soil and groundwater. The Record of Decision for building demolition was issued in September 2019. Due to the state’s continued delays in the review of groundwater documents, CDM remains unable to complete required follow-on studies and documents related to groundwater cleanup. The Record of Decision for soil and groundwater has also been delayed.

Therefore, it is necessary to extend the period of performance, in order for DOE to complete its NEPA process and DOE’s obligations under the 2007 Consent Order and the 2010 Administrative Order on Consent with the state of California. The current Task Order period of performance is October 1, 2012 to June 30, 2020 and will need to be extended by six months to December 30, 2020. The current Task Order value is $34,331,181.00. The six-month extension is estimated to increase the value of the Task Order by no more than $500,000.00 which the contracting officer has determined is fair and reasonable based on input from the technical point of contact.

There are no major changes to the original justification for an exception to fair opportunity and Amendments 1-5; other than the Task Order period performance is being extended for six months and increase in task order value.

Based on the information in the original justification, signed March 30, 2012, and the information included in this Amendment 6, 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 without considerably more time and expense. Although a contractor

Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 7 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 NEPA process. Although much of the current Task Order has been completed, there have been many changes in the timeline as DOE nears the end of the NEPA process. Most recently, DOE headquarters’ change in plans to issue three Records of Decision (one each for building demolition, groundwater, and soils) instead of the previously planned two. This change has extended DOE’s need for CDM’s technical expertise. Currently, CDM is supporting DOE development of the second ROD for groundwater (the first ROD for building demolition was issued in September 2019). The last remaining NEPA action is the soils ROD, and DOE will need support from CDM at this very last stage of the NEPA process. This also supports the court order that DOE received advising DOE that it must complete NEPA and be compliant with federal law. CDM continues to perform tasks to support groundwater tasks working with DOE to obtain approved by DTSC prior to completing the next step. While DTSC has recently improved its review and approval times previous DTSC delays have prolonged this process. Due to the state regulator’s delays in the review of groundwater documents and DOE’s shifts in decisions, CDM remains unable to complete

Amendment 8- Page 7 required support to finalize the NEPA process. Therefore, it is necessary to extend the period of performance, in order for DOE to complete its NEPA process and DOE’s obligations under the 2007 Consent Order and the 2010 Administrative Order on Consent with the state of California.

The current Task Order period of performance is October 1, 2012 to December 30, 2020 and will need to be extended by six months to June 30, 2021. The current Task Order value is $34,899,888.45. The six-month extension is estimated to increase the value of the Task Order by $800,000.00 which the contracting officer has determined is fair and reasonable based on input from the technical point of contact.

There are no major changes to the original justification for an exception to fair opportunity and Amendments 1-6; other than the Task Order period performance is being extended for six months and increase in task order value.

Based on the information in the original justification, signed March 30, 2012, and the information included in this Amendment 7, 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 without considerably more time and expense. Although a contractor

Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 8 (New) 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 NEPA process. Although much of the current Task Order has been completed, there have been many changes in the timeline as DOE nears the end of the NEPA process. Most recently, DOE headquarters has delayed plans to issue the last of three Records of Decision (one each for building demolition, groundwater, and soils).

This change has extended DOE’s need for CDM’s technical expertise. Currently, CDM is supporting DOE development of the third ROD for soils (the first and second RODs for building demolition and groundwater were issued in September 2019 and November 2020, respectively).

DOE will need support from CDM at this very last stage of the NEPA process. This also supports the court order that DOE received advising DOE that it must complete NEPA and be compliant with federal law. CDM continues to perform tasks to support groundwater tasks working with DOE to obtain approval by DTSC prior to completing the next step. While DTSC has recently improved its review and approval times, previous DTSC delays have prolonged this process. Due to the state regulator’s continued delays in the review of groundwater documents and DOE’s shifts in decisions, CDM remains unable to complete required support to finalize the NEPA process. Therefore, it is necessary to extend the period of performance, in order for DOE to complete its NEPA process and DOE’s obligations under the 2007 Consent Order and the 2010 Administrative Order on Consent with the state of California. The current Task Order period of performance is October 1, 2012 to June 30, 2021 and will need to be extended by six months to December 31, 2021. The current Task Order value is $35,639,635.45. The six-month extension is estimated to increase the value of the Task Order by $600,000.00 which the contracting officer has determined is fair and reasonable based on input from the technical point of contact.

Amendment 8- Page 8

There are no major changes to the original justification for an exception to fair opportunity and Amendments 1-7; other than the Task Order period performance is being extended for six months and increase in task order value.

Based on the information in the original justification, signed March 30, 2012, and the information included in this Amendment 8, 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 without considerably more time and expense. Although a contractor

Amendment 8- Page 9

Certification and Approval

I hereby certify that the amendment to the justification is accurate and complete to the best of my knowledge and belief.

John M. Blecher Date:

Contracting Officer

EMCBC

The rationale for an exception to fair opportunity which forms the basis for this justification is certified as complete and accurate by the technical and legal personnel:

John Jones Date:

DOE Federal Project Director

EMCBC- ETEC

Joshua Mengers Date:

DOE Project Manager

Paul Sian Date:

Procurement Attorney

Approval:

I hereby determine that only one awardee, CDM, a Joint Venture, is capable of providing the services required at the level of quality required within this Task Order because the services ordered are unique and highly specialized in performance of the order.

John P. Zimmerman Date:

Competition Advocate john.blecher Attachment 1

OFFICE OF ENVIRONMENTAL MANAGEMENT CONSOLIDATED

BUSINESS CENTER, OFFICE OF CONTRACTING

AMENDMENT 2 TO APPENDIX 1 to the ACQUISITION PLAN FOR:

AREA IV IN THE NORTHERN BUFFER ZONE OF THE SANTA SUSANA

FIELD LABORATORY (SSFL) IN SUPPORT OF THE

under CONTRACT DE-EM0001128

Appendix 1 - Amendment 2

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

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.

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

Through the 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

Amendment 3- Page 1

AMENDMENT 3 TO APPENDIX 1 to the ACQUISITION PLAN FOR:

Amendment 3- Page 2

Appendix 1 - Amendment 3

ID/IQ Contract – Unrestricted, on September 27, 2012, with an effective date of October 1, 2012.

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

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

Amendment 3- Page 3

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.

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

Amendment 4- Page 1

AMENDMENT 4 TO APPENDIX 1 to the ACQUISITION PLAN FOR:

Amendment 4- Page 2

Appendix 1 - Amendment 4

ID/IQ Contract – Unrestricted, on September 27, 2012, with an effective date of October 1, 2012.

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

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 1 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

Amendment 4- Page 3

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 1 to this document for Amendment 2, 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.

Amendment 4- Page 4 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 1 to this document for Amendment 3, Justification for an Exception to Fair Opportunity- Appendix 1 - Amendment 4 (New) 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). Although much of the current Task Order has been completed, significant portions of the work required on the EIS has been delayed due to unanticipated delays in the DOE headquarters process. Many groundwater tasks have also been delayed. The Final EIS was published in December 2018, the next critical step is to respond to any comments received on that Final EIS and develop one or more Records of Decision, due to the state’s review of groundwater documents. In addition, the development of the required Programmatic Agreement with the State Historic Preservation Office has delayed the completion by CDM of the Programmatic Agreement that is necessary to comply with the National Historic Preservation Act. Therefore, it is necessary to extend the period of performance, 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.

There are no major changes to the original justification for an exception to fair opportunity and Amendments 1-3; other than the Task Order period performance is being extended for nine months.

to fair opportunity which forms the basis for this justification is and accurate by the technical and legal personnel:

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EMCBC. ETEC

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Amendment 4- Page 5

Amendment 5- Page 1

AMENDMENT 5 TO APPENDIX 1 to the ACQUISITION PLAN FOR:

Amendment 5- Page 2

Appendix 1 - Amendment 5

ID/IQ Contract – Unrestricted, on September 27, 2012, with an effective date of October 1, 2012.

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

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 1 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

Amendment 5- Page 3

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 1 to this document for Amendment 2, 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.

Amendment 5- Page 4 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 1 to this document for Amendment 3, 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). Although much of the current Task Order has been completed, significant portions of the work required on the EIS has been delayed due to unanticipated delays in the DOE headquarters process. Many groundwater tasks have also been delayed. The Final EIS was published in December 2018, the next critical step is to respond to any comments received on that Final EIS and develop one or more Records of Decision, due to the state’s review of groundwater documents. In addition, the development of the required Programmatic Agreement with the State Historic Preservation Office has delayed the completion by CDM of the Programmatic Agreement that is necessary to comply with the National Historic Preservation Act.

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