Justification for An Exception To Fair Opportunity- ETEC NWP- Amendment 1- Package.pdf

Amendment 1- 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 1 TO THE ORIGINAL JUSTIFICATION FOR AN EXCEPTION TO

FAIR OPPORTUNITY:

ENVIRONMENTAL MONITORING AND DECONTAMINATION AND DEMOLITION

(D&D) ACTIVITIES FOR ENERGY TECHNOLOGY ENGINEERING CENTER

(ETEC)

TASK ORDER: DE-DT0007583

CONTRACT: DE-EM0000837

Amendment 1- Page 2

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

CONTRACT DE-EM0000837/TASK ORDER DE-DT0007583 EM Nationwide Multiple Award ID/IQ Contracts – Restricted

Amendment 1

Original Justification for an Exception to Fair Opportunity

North Wind, Inc. now known as North Wind Portage, Inc. (NWP) was awarded a Task Order under the EM Nationwide Multiple Award ID/IQ Contract – Restricted, on June 26, 2014. A justification for an exception to fair opportunity was approved on March 29, 2019, to extend the task order for two additional years. See Attachment 1 to this document for the initial, signed justification for an exception to fair opportunity.

Justification for an Exception to Fair Opportunity - Amendment 1

The current Task Order requires completion of the Performance Work Statement (PWS) which includes Groundwater Management; Groundwater Monitoring Activities; General Environmental Monitoring, Surveillance and Maintenance Activities, Non-Decontamination and Demolition (D&D) Waste Management Activities, and Project Support; and D&D of Facilities. The Groundwater Management; Groundwater Monitoring Activities; General Environmental Monitoring, Surveillance and Maintenance Activities, Non-D&D Waste Management Activities, and Project Support; and D&D of Facilities are on-going activities that need to continue to ensure the site is maintained in an environmentally safe status. NWP has been performing these activities in a safe and efficient manner and will need to continue to perform these activities due to various delays in schedule primarily caused by prolonged negotiations with the state regulators and the DOE Headquarters delay in issuing a Record of Decision (ROD) for soil remediation. The agreements with the state regulations are now in place for buildings D&D tasks and the Energy Technology Engineering Center (ETEC) site office is working with headquarters to issue a soils ROD to ensure that similar delays will not occur during the task order extension.

ETEC is a complex regulatory environment, has unique site conditions and requires an access agreement with the site landlord, The Boeing Company. NWP has made significant progress on the D&D activities under this task order, having successfully demolished 16 of the 18 DOE-owned buildings that remained at ETEC at the beginning of NWP’s contract; however, due primarily to changing requirements from the State of California on the disposition of demolition debris from CLIN 8 buildings, there were delays in the state approving our D&D plans and Standard Operating Procedures that caused NWP to delay the completion of the D&D work.

Brining in a new contractor to complete the D&D work would cause significant cost increases and delays due to having to de-mob and re-mob contractors. In addition, NWP has gained significant efficiencies from the D&D work that has already been completed that they will be able to apply to the remaining work. The completion of the D&D of the remaining facilities is a logical follow-on to orders already issued to NWP under their contract. In addition, ongoing S&M activities are also logical follow-ons, because of the efficiencies in having NWP continue to perform during completion of D&D work and the experience that NWP has in performing these activities at ETEC. These ongoing S&M activities include quarterly safety assessments consistent with the ETEC Integrated Safety Management System plan, routine visual inspections of remaining DOE-owned facilities, and periodic pumping of groundwater infiltration into the remaining subgrade structure of building 4024. Based on the above, the Task Order period of

Amendment 1- Page 4

Approval:

I hereby determine that the task order extension must be issued on a sole-source basis in the interest of economy and efficiency to North Wind Portage Inc., because it is a logical follow-on to a task order already issued under the contract, and that all awardees were given a fair opportunity to be considered for the original order.

John P. Zimmerman Date:

Competition Advocate

EMCBC

Attachment 1