L13PC00272_Justification.pdf

JUSUFICATION FOR OTHER THAN FULL AND OI'EN COMPETl1'10N

FARPART6

I. IDENTIFICATION OF THE AQENCV AND CONTRACTING ACTOOTY (fAR 6.303-2(b)(l)). Bureau ofLand M...,gemen~ Oregon/Washington Slate Offu:e, Edith Green Wendell Wyatt Federal Building, 1220 SW 3rd Avenue, Portland, OR97204

2. NATURE/DESCRIPTION 01' THE ACTION BEING APPROVED (FAR 6.303-2(b)(2)). Proouring n follow-on ndne site reclamation of the Poonnan/Balm Creek Mine Site located NE ofBaker City, OR in Baker County as a sole source to Valmont Industries, Inc. 3511 Pacific Blvd SW, Albany, OR 97321-3780 to be procured as a firm flXed price cotllllrnction contract.

3. Dg8CRIPTION OF THE SUPPLIES QR SERVICES REQUIRED TO MEET TilE AQENCY'S NEEQS IJNCLUD!NG TilE ESTIMATED VALUEl (FAR 6.303-2(b)(3)). The Government requires the completion of the Poonnan/Balm Creek Mine Si1e Reclamation project The purpose of this reclamation project i• to limit human and environmenlal exposure to the contaminants of concern and reduce mobility of these contaminants to mitigate impacts to locol surface water and groundwater resources. The Poorman/Balm Creek Mine reclamation plan involves reclaiming scme wastes in place, removing waste sources at the site that are the principal sources ofconcero, and diaposing of those wastes in an on-site conBtrucled Repository.

Reclamation aJso includes capping or plugging mine shafts and construction ofa passive treatment system for mine water flowing from the Bahn Creek Mine Shaft.

4. IDEN!JP!CAT!ON OF SJATUJORY AU!liQR!TY !'ERMITIJNG TilE OTHER THAN FULL AND Ol'BN COMPI!miON (PAR 6.303-2(b)(4)). The statutory authority permtttiog the other than full and open competition is 10 U.S.C.

2304(c)(!) or 41 U.S.C. 2S3(c)(1) under FAR 6.302·1 - Only one responsible source and no otlter supplier or services will satisfy the agency requirements.

5. DEMQNSTRATION THAT TilE PROPOSED CONTRACTOR'S {JN!OUE OUAL!fiCATIONS OR THE NATURE OF THE ACQffiSIT!ON REQUIRES USE OF M AUTHQR!TY CITED (fAR 6.303·2(b )(5)). The original contract No.

L05l'C02423 was.suspended and coostrnction delayed because of the discovery of prehistoric cultural properties. These items were uncovered daring excavation of the tailings and waste rock. Under the terms of the contrnct, work was halted in the two areas where cultural materiala were locale<! in June of 2008. Tasks on other site locations were compleled and work was halted pending the resolution of the archeological issnes. Over the subsequent years, additional archeological exploration was completed. Valmont Industries, Inc. (dha, Cascade Earth Sciences) is the only responsible source to provide completimt of the contract to remediate the Poonnan Balm Creek Mine site due to the work, knowledge, and expertise it possesses to swiftly complete this project NEPA compliance was accomplished for the project using the Engineering Evaluation/Cost Analysis (EE!CA), Poonnan/Balm Creek Mine Site, Baker County, Oregon, document prepared by tlte Bureau ofLand Management's National Science and Technology Center in March of2003.

Tills conllactor is wtiqnely qualified because of their knowledge ofthe sire and its hazards. Cascade Enrtl1 Science (CES) possesses the specific knowledge and ande11tanding of the site over the past 8 Yl!anl to swiftly address the life safety and luwird risks and complete the remediation ofthis project. The area arouad fue Site C mine shaft is critical and work around the shaft must be supervised by a contractor that has gained experience during the previous conslrnction. The mine shaft is a water mied vertical shaft estimated at 900 feet deep, and the water treatment facility must be constructed iromediately next to the shaft. Because ofsoil saturation due to the flowing mine water the soil slability aroond the shaft is low. Construction vibration and impaots must be carefully monitored. The danger ofa collapse caused by equipment vibration is significant. If a collapse were to occur, the shaft collar, concrete grate footing, and earth around the shaft could slide and fall down the shaft.

Any equipment and perscnnel near the abaft would he at risk.

A second hazard is the location ofthe shaft opening in a billslde, about 40 to 50 feet above the valley floor. This hazard is environmentally more significant. When mining was underway at the site, waste rock and mill tailings were dumped down the hillside below the shaft and created a large pile ofmaterial. This material, laying againBI the hillside, provides a buttress type ofstability for the shaft. This waste rock and mill tailings is tbc contaminutcd material that is the focus of this AML clean-up project. The shaft is full of water now, there is posilive pressure on the ground, and as the pile of waste rock is removed, tho ri•k ofa water blowout from the shnft Increases.

Ifenough mn.terial were removed to cause a breach ofthe earth/rock containment around the shan~ asubstantial release of water may occur. this water is highly toxic to aquatic organisms and would cause a fish kill in the slream for miles downstream. Lowering the wate< in the mine by 20 to 40 feet could cause an unknown quantity of water to be released. We would wash a substontial amount ofearth and rock into llalm Cr. and ntay wash out the lnrge culvert intntediately downstream.

We would also wasl1 out or dantage tl1e riparian rehabilitation done in the Lower ffolding Pond aren downstreant. The clean up after this type ofevent would be considerable. Finally, we would have to replace the shall cap system and completely redesign tbe planned waste water treutmcnt system portion ofthe project.

During d1e relncation of Balm Cr. U1rongh the Lower Holding Pond portion of the site, pockelll oftoilings were locnted tl1at still need to be removed. The contractor's knowledge of d'IC site will he crucial to relocate these materials and removo then• to the repository without impacting the trees a~d vegetation still existing on the site.

6. DESCRiPTION Of THE EFFORTS MADE TO ENSURE THAT OFFERS ARE SOUC!TIID FROM AS MANY POTENTIAL SQURCES AS IS PRAC!JCABLE. INCLUDING WHETHER ANOTICE WAS OR WILL llE PUBL!C!ZF.)) AS REQUIRED BY Still!'ART 5.2 AND IF NQ'f. WHIC!l EXCEPTION UNDER 5.202 APPLIES (FAR 6.303·2(b)6)).

Publication of a notice of intent to sole source is required if the action is expected to exceed $I SK. A notice will he issued.

Sources sought notice was poared under solicitotion No. Ll3PS0!027 on 08/28/2013 with the receipt ofresponses due by September 12,2013. No responses were reoeived.

8. DESCRIPTION OF MARKET RE$EARCH CONPUCTED (SEE PART lOl AND THE RESULTS OR ASTATEMENT ~ ,._ \'J ' ~ - ~-- _.; > • ' • .!____ • f b : \1 'f "l l I •• I

11.

(FAR 6.303-2(b)(ll)).

12. CONTRACTING OFFICER CERTIFICATION THAT Tf!E JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER'S KNOWLEDGE AND BELIEF. (FAR 6.303-2 (b)( 12)). See ecrtiftcatiolls below.

TECHN!CALAND REQUIREMENTS CERTIFICATION (FAR 6.303-l(b)(2))

Icertify that tlte fncts and representations which are included in tbis justification and which fonn a basis for this justification arecomple

Signature:

Telephone#:Printed Name: VeV'V!""' R <j1; f.J.. o. ..,..{

Tille: C o i f f.,., 5' .. ,. ",c

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-l(b)(l) and 6.303-2(b)(l2))

I certify tl ' . . .. ......... t ofmy knowledge and belief, Signntul'e