LMSS_JOFOC_-_07-28-25_Redacted_1.pdf

Justification for Other than Full and Open Competition U.S. Department of Energy, Office of Legacy Management

RSI EnTech, LLC Contract No. 89303020DLM000001

CUI//SP-PROCURE

UNITED STATES DEPARTMENT OF ENERGY (DOE)

OFFICE OF LEGACY MANAGEMENT (LM)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR

ORDERING PERIOD REVISION TO THE LEGACY MANAGEMENT SUPPORT

SERVICES (LMSS) INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

CONTRACT WITH RSI ENTECH, LLC

This justification is prepared in accordance with FAR 6.303-2(d).

1. Agency and Contracting Activity

Program Office:

U.S. Department of Energy (DOE) Office of Legacy Management (LM)

Contracting Office:

U.S. Department of Energy (DOE) Office of Environmental Management

2. Nature and/or Description of the Action Being Approved

To extend the Indefinite Delivery Indefinite Quantity (IDIQ) ordering period for 1 year via sole source modification from 60 months (current ordering period) to 72 months (modified ordering period) for a total of up to 9 years of performance, as Task Orders issued during the ordering period may be carried out for up to three (3) years beyond the expiration of the IDIQ ordering period. The IDIQ contract modification will revise Sections B.3, G.10, and I.140 accordingly.

3. Description of Services Required to Meet the Agency’s Needs

DOE established LM in December of 2003 to manage its responsibilities associated with the legacy of the Cold War. DOE has taken major steps in satisfying environmental cleanup and LM ensures post-closure responsibilities are met for the protection of human health and the environment. LM coordinates closely with other Government organizations, including those within DOE, to ensure post-closure obligations are maintained when mission-related sites are closed and transferred to LM for long-term management.

The LM program authority derives from the Energy and Water Development and Related Agencies Appropriation Act under Other Defense Activities (ODA). The Appropriation Bill formal designation is Public Law 111-85, Title III, DOE/Environmental and Other Defense Activities. The LM program also derives from provisions in the “National Defense Authorization Act for FY 2010” (P.L. 111-84), Title XXXI – DOE National

Security Programs; Subtitle A – National Security Programs Authorizations, Section

3103, ODA.

LM conducts post-closure site operations at more than 100 sites in the United States and the territory of Puerto Rico, which will significantly increase by 2030. A map of the site managed by LM can be accessed at: https://www.energy.gov/lm/sites/lm-sites. LM’s portfolio of site projects consists of former Office of Environmental Management (EM) sites (primarily through the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 and the Resource Conservation and Recovery Act (RCRA) of 1976), former Uranium Mill Tailings Radiation Control Act (UMTRCA) sites, DOE Defense Decontamination & Decommissioning (D&D) sites, Nuclear Waste Policy Act (NWPA) sites, private licensees, and sites associated with the Formerly Utilized Sites Remedial Action Program (FUSRAP).

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the Nature of the Acquisition Requires Use of the Authority

Cited

LM has ongoing activities across the United States and Puerto Rico that are supported by a trained workforce of approximately 550 contactor employees. RSI EnTech is the incumbent contractor and is the only provider that currently has the necessary resources onsite to continue these services without disruption to the mission during a critical period for the LM program. Also, RSI EnTech has adequate plans, processes, and procedures in place to manage the work.

LM has multiple critical projects underway through the 2028 timeframe and will also be transitioning multiple new sites into the LM portfolio during 2028. A major contractor transition during 2029 is essential to support efficient execution of the LM mission. As such, LM requires a 12-month extension to the IDIQ ordering period for the LMSS contract to ensure critical stability of community and environmental safety, fiscal responsibility, and compliance, and to enable uninterrupted essential post-remediation legacy management support services through 2029. Specifically, LM must alleviate impacts to the following mission critical requirements:

a. Executing Water Treatment System Upgrades at Tuba City. LM will have a major project underway in 2028 at the Tuba City Disposal Site in Arizona. The project will install a new water treatment unit and associated infrastructure to remediate contaminated groundwater. The current interim treatment approach is not sufficient to contain the primary site contaminant plumes. Hopi and Navajo partners are concerned about plume expansion and continued impacts to the regionally significant aquifer and potential future impacts to the Moenkopi Wash. LM will also revise the Groundwater Compliance Action Plan in 2028 to support the final groundwater remedial strategy and long-term care of this UMTRCA site.

b. Decommissioning the old Evaporation Pond at Shiprock. LM will have a multi-year major project underway in 2028 at the Shiprock Site in New Mexico to decommission the old evaporation pond which has reached its end-of-life and is no longer functioning as designed. To ensure protectiveness, the pond liner and sediments will be stabilized in the interim until the pond can be decommissioned.

This project limits human and environment exposure and water depletion and decreases the site’s footprint.

c. Implementing Recommendations from Five-Year Reviews for National Priorities List (NPL) Sites. LM will have completed six major Five-Year Reviews in 2026 and 2027, for which there will be required follow-on actions in 2028 such as additional assessments and evaluations, sampling, reporting, or regulator collaboration. LM must continually assess and confirm remedy performance and protectiveness at these CERCLA NPL sites in these five-year cycles. Since the U.S. Environmental Protection Agency (EPA) jointly selects remedies at federal facility NPL sites, it has equities in ensuring timely completion of five-year reviews and implementation of recommendations. Any delays halting these would not only risk non-compliance but also jeopardize the safety and health of the communities. The sites undergoing Five- Year Reviews include:

1. Fernald Preserve Site in Ohio

2. Mound Site in Ohio

3. Laboratory for Energy-Related Health Research Site in California

4. Monticello Site in Utah

5. Rocky Flats Site in Colorado

6. Weldon Spring Site in Missouri

d. Transitioning Multiple Sites into the Portfolio. LM will be transitioning three new UMTRCA sites from private licensees as well as one FUSRAP site from the U.S.

Army Corps of Engineers into its portfolio in 2028 in the states of Texas, Washington, Wyoming, and New York. This will add technical complexity to ongoing Long-Term Surveillance and Maintenance (LTS&M) activities. Nearly all sites will have annual site inspections and other regulatory requirements. In addition, LM will be heavily engaged in pre-transition planning and implementation activities for seven sites within UMTRCA and FUSRAP across six states that are scheduled to transfer in 2029. Pre-transition activities include document development, attendance at various planning meetings, records transfer, and incoming data management. These activities must not lapse as they directly affect public safety, environmental monitoring, and regulatory compliance of former defense sites. This includes, but is not limited to:

1. Transitioning the Panna Maria Disposal Site in Texas. LM will transition the

Panna Maria UMTRCA Title II site in 2028. LM will conduct key activities including transferring the title and any subsurface rights and completing the transition readiness review.

2. Transitioning the Highland Disposal Site in Wyoming. LM will transition the Highland UMTRCA Title II site in 2028. Due to some of the complexities of the site, it is anticipated that a substantial amount of work will take place including finalizing the site Long-Term Surveillance Plan (LTSP), negotiating with the licensee, the Nuclear Regulatory Commission, and the Wyoming Department of Environmental Quality, and collecting and organizing the environmental and administrative records.

3. Transitioning the Bear Creek Disposal Site in Wyoming. LM will transition the Bear Creek UMTRCA Title II site in 2028. LM will conduct key activities including finalizing the LTSP, transferring the title and any subsurface rights, and completing the transition readiness review.

4. Transitioning the Staten Island Site in New York. LM will transition the Staten Island FUSRAP site in 2028. LM will conduct key activities including finalizing the LTSP and completing the transition readiness review.

e. Executing Environmental Sampling Event at Amchitka. LM will carry out the next environmental sampling event and mud pit cap inspection in 2028 at the Amchitka Site in Alaska. This is a regulatory requirement according to the State of Alaska Record of Decision. This requires a substantial amount of planning, logistics, and extensive field work at a remote wilderness site. Concurrently, LM will be negotiating a phased approach towards reducing and/or eliminating future inspections and monitoring at the site. It is anticipated that a high level of support including data analysis and summary reports will be needed.

f. Submitting Revised Groundwater Compliance Action Plan (GCAP) for Riverton. LM will be submitting the revised GCAP in 2028 for the Riverton Disposal Site in Wyoming. LM will collect additional field data via sonic drilling in 2026, conduct data analysis in 2027, and submit the revised GCAP in 2028. The GCAP is a regulatory document supporting the final groundwater remedial strategy and long-term management of this UMTRCA site. The Nuclear Regulatory Commission reviews the GCAP to determine if the cleanup complies with EPA’s standards in 40 CFR Part 192.

g. Terminating the lease and relocating the Grand Junction Field Support Center.

LM is executing a major modernization project to renovate a government-owned complex in Grand Junction, Colorado, to house the Grand Junction Field Support Center. The modernization is scheduled to be completed by the U.S. Army Corps of Engineers in 2028, after which LM will terminate existing leased space and move approximately 300 personnel and associated centralized computing resources into the complex. Execution of this project will require support from IT, asset management, facilities, security, field operations, the Environmental Services Laboratory, and others and will cause some expected disruptions to daily work and routines.

h. Collecting and Evaluating Environmental Data at Weldon Spring. LM will be collecting, analyzing, and evaluating the environmental data in 2028 that will be generated from three newly installed monitoring wells at the Weldon Spring Site in Missouri. This will enable LM to refine the conceptual site model and continue to coordinate with EPA and Missouri Department of Natural Resources to resolve issues documented in the sixth Five-Year Review. LM must continually assess and confirm remedy performance and protectiveness at the site.

i. Sampling for PFAS Remedial Investigation/RCRA Facility Investigation at Rocky Flats. LM will be collecting, analyzing, and evaluating site-wide pre- and polyfluoroalkyl substances (PFAS) data in 2028 at the Rocky Flats Site in Colorado.

It will be accomplished in various media to support a PFAS Remedial Investigation/RCRA Facility Investigation (RI/RFI). An RI/RFI is required by CERCLA, RCRA, and the Colorado Hazardous Waste Act to determine the nature and extent of PFAS contamination at the site. It will also determine if the concentrations of PFAS are a risk to human health and the environment. PFAS sampling is anticipated at the Laboratory for Energy-Related Health Research Site in California, the Monticello Site in Utah, and the Mound Site in Ohio, following completion of the next round of Five-Year Reviews (Item No. 5.c above).

j. Opening the Disposal Cell at Grand Junction. LM will be preparing to open, receive, and place residual radioactive materials (RRM) in 2028 in the disposal cell at the Grand Junction Disposal Site in Colorado. LM will inspect and receive RRM from the City of Grand Junction’s interim storage facility, other UMTRCA Title I sites, and other private “vicinity” property owners for permanent disposal. The site is licensed to accept tailings from Arizona, Utah, New Mexico, Wyoming, and other affected Colorado western slope communities. LM must have the site open to receive RRM to ensure compliance and the safety and health of the communities.

k. Restoring the Disposal Cell Cover at Bluewater. LM will be executing a major maintenance project in 2028 at the Bluewater Disposal Site in New Mexico. This will involve implementing the preferred alternative (expected to be selected in 2027) to address areas of settlement and restore positive drainage off the disposal cell cover.

l. Performing Groundwater Tasks at Bluewater. LM will be performing multiple groundwater activities and studies in 2028 that are related to implementing recommendations from our National Laboratory Network. Significant groundwater resources will be required to execute the following scheduled activities: (a) integrated borehole flow meter testing; (b) multivariate statistical analysis; and (c) defining potentiometric surface flow direction in the San Andreas Glorieta Aquifer.

m. Conducting GCAP Field Characterization Activities at Green River. LM will be conducting field characterization activities at the Green River Disposal Site in Utah.

This is necessary to meet the requirements of producing a draft GCAP for NRC concurrence. The GCAP is a regulatory document supporting the final groundwater remedial strategy and long-term management of this UMTRCA site. NRC reviews the GCAP to determine if the cleanup complies with EPA’s standards in 40 CFR Part 192.

n. Executing Maintenance Activities on the Pond Liner at Rifle. LM will be performing required maintenance activities in 2028 on the original evaporation pond, which was originally installed in 2001 and has reached its end-of-life. Maintenance activities will include dredging and relining the pond to meet current regulatory standards and ensure protectiveness of the groundwater. The RRM from this activity will be transported to the Grand Junction Disposal Site for permanent placement while it is open.

o. Replacing Extraction Well at the Fernald Preserve. LM will be replacing aging groundwater remedy infrastructure in 2028 at the Fernald Preserve Site in Ohio. LM will be installing a groundwater extraction well in the south field to address the remaining portions of the uranium groundwater plume. The work includes rotosonic sampling of a 60-foot soil core, utilizing a cable tool to drill a 2-foot diameter hole and install of a 16-inch diameter stainless steel well with a pump capable of producing greater than 300 gallons per minute. Stainless steel will need to be welded, and piping and electric utilities will be trenched.

p. Implementing CERCLA OUIII Remedy Updates at Monticello. An update to the CERCLA remedy at the Monticello Disposal/Processing Site in Utah is underway and involves the termination of the current Groundwater Remediation Optimization (GRO) system. Planned activities in 2028 include execution of a post-termination groundwater sampling program. This effort is key to ensure remedy protection using monitored natural attenuation, leading to eventual decommission of the GRO system and associated components of the former remedy.

q. Ensuring Infrastructure Integrity at Weldon Spring. LM will be evaluating the integrity of the buried HDPE line in 2028 at the Weldon Spring Site in Missouri. The pipeline originates at the Leachate Collection and Recovery System (LCRS) building and ultimately daylights at the Missouri River. The entire length and diameter of the line is approximately 2.5 miles and 8 inches, respectively. LM must provide reasonable assurance that the line still serves as a viable contingency in its current state. Evaluation methods may include robust field efforts such as in-line camera inspection, pressure testing, or other appropriate methods.

r. Modernizing Electronic Record Keeping System Software. LM will be modernizing the electronic record keeping system in 2028 at LM’s Business Center in Morgantown, West Virginia. LM preserves the administrative records of over 120 closed sites associated with DOE and the cold war legacy. These records are managed in a National Archives and Records Administration (NARA) compliant records keeping system which will be modernized to remain compliant, reliable, and secure.

Early planning of this work will occur in 2026, but the execution is expected to occur in 2027 and 2028. Ensuring continuity in the cyber security staff who plan and execute the work is critical to the seamless transition to a modernized system and mitigates the risk of data loss.

This sole source action would continue the performance of the LMSS contract requirements as identified below, through the incumbent contractor, RSI EnTech. LM intends to modify the ordering period for the contract to allow task order performance through 2029 to ensure that essential continuity of operations is maintained, while exercising sound fiduciary responsibilities for management and oversight of the Program.

In parallel, work on the follow-on competitive procurement action will be initiated by 2027 to allow for the follow-on contract to be ready for a safe and orderly transition prior to the end of 2029.

This extension is crucial for ensuring continuity in critical long-term stewardship responsibilities related to managing post-environmental remediation activities at former defense-related sites associated with DOE’s nuclear weapons production complex. The majority of these former DOE sites are regulated under CERCLA, RCRA, UMTRCA, the Defense D&D program, NWPA, and FUSRAP. The complexity of activities annotated in this document require continuity of contractor to reduce distractions and ensure the safe, efficient, and effective execution of LM’s mission.

While it would be difficult to anticipate exactly how much of a negative impact a contractor transition would have on the Government in terms of cost, schedule, and performance, there is no reasonable scenario where a change would not negatively impact the critical mission work during this pivotal period for the LM program. Therefore, RSI EnTech is the only source which can perform this work and meet the LM cost, schedule, and performance requirements; and the ordering period extension is in the best interest of the agency.

6. Description of the Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable

In accordance with FAR Subpart 5.2, the government synopsized a “Special Notice of Intent” (NOI) on SAM.gov on May 15, 2025, to advise industry that award of a contract modification using other than full and open competition would be executed on or before August 31, 2025. The Contracting Officer received one email inquiry and one written response to the synopsis.

An Acquisition Integrated Project Team (AIPT) will be established during FY26 to begin work on the competitive follow-on Performance Work Statement, with a Request for Information to industry expected during FY27 to initiate market research for acquisition planning.

7. Anticipated Dollar Value of the Proposed Acquisition and a Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable

Based on an analysis of the incurred and planned expenditures of the incumbent contractor, the anticipated cost of the proposed one-year IDIQ ordering period extension will reasonably fall within the current contract ceiling of $1B. As such, no increase to the IDIQ ceiling is needed.

The Contracting Officer (CO) will request that RSI EnTech submit proposal(s) for the scope of work discussed under this extension. In addition, an Independent Government Cost Estimate will be established for the extended period to establish the Government’s negotiation objective for the scope of work and a technical evaluation of the proposal will be completed to help determine that the negotiated price is fair and reasonable. The CO intends to request an audit of the proposal to aid in the determination as to whether the negotiated price is fair and reasonable.

As part of acquisition planning for the competitive follow-on LMSS procurement, DOE will issue a Request for Information/Sources Sought announcement through the Government Point of Entry to seek qualified businesses to perform all major elements of scope following completion of the current contract. DOE does not expect there to be any barriers to competition for the subsequent follow-on LMSS contract after this extension.

Once the mission critical requirements detailed above have been completed under this extension, the follow-on contractor will be in a much better position for successful performance in support of the LM mission. Additionally, the preparatory work for the future competitive procurement will be initiated during the extension period.

Certification: The information contained in this Justification for Other than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Bob Walker Date Acquisition Initiator Legacy Management

CONCURRENCE:

Elizabeth Dalton Date Legal Counsel EMCBC-Office of Chief Counsel

APPROVAL:

Aaron Deckard Date Procurement Director EMCBC-Office of Contracting