Silver Bow Justification for Exception to Fair Opportunity_1.pdf

Source Selection Information – see FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER ABOVE THE SIMPLIFIED ACQUISITION THRESHOLD

Contract 68HE0318D0003/TO Number TBD

1. Identification of Agency and contracting activity: This is a Justification for an Exception to Fair Opportunity.

The requiring activity is the Office of Land and Emergency Management (OLEM), Office of Superfund Remediation and Technology Innovation (OSRTI), Environmental Protection Agency (EPA), and is being awarded by the Region 8 Contracts office.

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

This document is Region 8’s Justification for Exception to Fair Opportunity and issuance of a task order with a base period of three months and an option period of three months for the Silver Bow Creek/Butte Area Superfund site. The justification supports utilization of FAR Part FAR Part FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies and services required at the level of quality required because the supplies or services ordered are unique or highly specialized. This justification is for the requirement to provide technical and construction oversight services for the transition time period between the expiration of the Response Action Contracting Strategy (RACS) contract and the anticipated award of a Design Engineering Services (DES) task order under Remedial Acquisition Framework (RAF).

3. A description of the supplies or services required to meet the agency’s need.

Region 8/SEMD requires contracted technical and oversight support services to bridge the gap between September 27, 2020 and the anticipated DES task order award date of November 5, 2020 to mitigate a stop work situation for the site. PRP work that will continue at the Silver Bow Creek/Butte Area site requiring EPA contractor oversight includes ongoing collection and treatment of contaminated ground water and surface water with discharge to Silver Bow Creek, residential yard and attic cleanups, maintenance of capped mine waste, data collection for compliance determination and remedial design of new remedy components, stormwater maintenance and sampling, a pilot process to treat water from the Berkeley Pit, new remedial investigation data collection and interpretation at the West Side Soils Operable Unit. It is critical that adequate oversight is provided for these activities and that appropriate technical expertise is procured to ensure thorough review of technical work plans and evaluation of environmental/compliance data.

Estimated Value: $1.6M

Identification of the awardee to be solicited.

CDM Smith 10560 Arrowhead Dr., Suite 500 Fairfax, VA 22030 702-691-6500

4. Identification of the exception to fair opportunity and the supporting rationale. The contracting officer has determined the circumstances of the contract action to meet the following statutory exception under FAR 16.505(b)(2)(i)(B) as supported below:

Only one awardee is capable of providing the supplies and services required at the level of quality required because the supplies or services ordered are unique or highly specialized - FAR 16.505(b)(2)(i)(B) – The agency’s need for the supplies or services are so unique and highly specialized that only CDM Smith, the incumbent on site contractor, can ensure those critical-highly specialized services are continued without interruption at the level of quality required. CDM Smith’s extensive experience with hydrogeology and hydrology along with their extensive knowledge of the site renders the contractor the only source to provide the continued services over this short period of time. CDM Smith has proven over the last decade to be responsive in providing the highly specialized services for the oversight of soil remediation. The contractor’s vast knowledge of the site terrain and current challenges makes them uniquely qualified to provide these critical services ensuring there is not a delay or interruption of services as we head into the winter months.

While the Potentially Responsible Parties conducting the design and cleanup work at the site will continue to work under existing enforcement orders and a recently-entered consent decree, EPA needs to provide adequate oversight to ensure that their work is protective of human health and the environment and meets statutory requirements, and that public confidence in the cleanup is assured. This site is on the U.S. EPA Administrator’s Emphasis List (AEL), and as such, commitments have been made to the public, as well as state and local officials, that every effort will be made to accelerate the clean-up of the site.

Although the current RAC to RAF transition gap is anticipated to be more than a month in duration, there is a considerable amount of ongoing work being performed by the Potentially Responsible Parties under Unilateral Administrative Orders and in anticipation of the effective date of the recently-entered consent decree for the Butte Priority Soils Operable Unit (OU8). These activities require close monitoring/oversight to ensure that human health and the environment are protected, and that the work is in compliance with the enforcement orders, the consent decree, and EPA Records of Decision for each of the OUs. Adequate oversight also provides assurance to community members that EPA is ensuring work is conducted appropriately and in accordance with the required plans and standards.

The exception to fair opportunity for issuance of a bridge task order to CDM Smith is required to allow EPA to maintain contractual support for oversight of residential yard and house interior/attic sampling and cleanups to protect public health at the Silver Bow Creek/Butte Area site which is in and around Butte, Montana. The City of Butte covers approximately 718 square miles (1,860 km2), and, according to the 2010 census, has a population of 33,503, making it Montana's fifth largest city. The Silver Bow Creek/Butte Area site also includes approximately 26 miles of stream and streamside habitat downstream from Butte. EPA has the authority to respond to any release or threatened release of a hazardous substance, pollutant or contaminant pursuant to Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Section 104, and 40 CFR Part 300, National Oil and Hazardous Substances Pollution Contingency Plan. EPA contractor oversight ensures that potentially responsible parties are following appropriate health and safety protocols during field work to protect workers, residents, and the public. EPA contractor review of remedial designs and remedial action work plans ensures that the remedy constructed by the potentially responsible parties meets ROD requirements, design requirements, and applicable or relevant and appropriate (ARARs) protective of human health and the environment in accordance with CERCLA Section 121. The community impacted by the Site has environmental justice concerns. Contractor support for EPA oversight of compliance ensures the validity of the data and adherence to requirements which serves a critical need for this community.

5. Determination of Cost Fair and Reasonable.

: The Contracting Officer will award this task order against contract 68HE0318D0003 with CDM Smith. The Contracting Officer has significant historical pricing to rely upon in determining whether a fair and reasonable price has been proposed. In addition, the negotiated labor rates in Contact 68HE0318D0003 will be utilized by the contractor in performance of this task order, and those rates were determined to be fair and reasonable at the award of the base contract. Finally, the Independent Government Estimate will be used as a metric to ensure the proposed price provides a best value for the Government.

6.

The anticipated award date for the Silver Bow Creek/Butte Area DES task order is November 5, 2020.

7. Statement of actions.

As noted above, Region 8 has begun the process of putting in place a competitive task order for these services using the RAF DES suite of contracts. The award of this competitive task order is anticipated to be made by November 5, 2020. This bridge task order is only required to provide these critical services to the Agency until the competitive task order can be put in place.

8. Contracting Officer Certification.

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

Gayle B. Barajas Regional Acquisition Manager

9. Technical / Requirements Certification

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents are complete and accurate to the best of my knowledge and belief.

Betsy Smidinger Director, Superfund and Emergency Management Division

10. Approvals

The approving official has made the determination that FAR 16.505(b)(2)(i)(B) is applicable to this order.

Kimberly Y. Patrick Director, Office of Acquisition Solutions