Intent to Sole Source

The United States Environmental Protection Agency Region 6, 1201 Elm Street, Suite 500, Dallas, TX 75270 intends to negotiate a sole source contract, under the authority of FAR Part 6.302-1, with Waste Controls Specialists, LLC, 5430 LBJ Frwy Suite 1700 Dallas, Texas 75240-2620 for the storage of the fifteen (15) lead lined containers of “Greater than Class C” (GTCC) radioactive waste materials.
The EPA has a responsibility to provide support to the Superfund remedial response program, enforcement support, and time critical removal activities under the Comprehensive Environmental Response and Compensation and Liability Act of 1980 (CERCLA). Radioactive waste was removed from a former radioactive material processing laboratory in Webster, TX. The laboratory produced and prepared sealed sources and tracers for the medical, oil production and exploration, and chemical industries. The firm was in Chapter 11 bankruptcy. However, in October 2011, the presiding judge reclassified their bankruptcy protection to Chapter 7. Due to this change of status, the site was abandoned. Upon this abandonment, removal action was carried out in 2011. Many of the items, and some of the subsequent derived waste, were classified as “Greater than Class C” waste. In conjunction with the state of Texas, the EPA contracted storage for this material with Waste Control Specialists, LLC in Andrews, TX. The intent was to store the materials at the Waste Control Specialists site in Andrews, TX until the material could be accepted at the Yucca Mountain radioactive material storage facility in Nevada. However, in 2011, Congress de-funded the facility. At this time, the Department of Energy does not expect a long-term storage facility to become available until 2018.
Waste U.S. Control Specialists (WCS) operates the only nuclear storage facility in the country that is approved by the U.S. Department of Energy (DOE) to store this level of radioactive waste. Waste U.S. Control Specialists (WCS) LLC is licensed by the Texas Commission on Environmental Quality (TCEQ) under License No. R04100 to store “Greater Than Class C” waste at the repository site in Andrews, Texas. This site is the only facility in the United States that can legally store “Greater Than Class C” low level radioactive waste.

This requirement will utilize FAR Part 12 and FAR Part 13. The North American Industry Classification System (NAICS) code is 562211, Hazardous Waste Treatment and Disposal, with a small business size of $41.5M. Waste U.S. Control Specialists (WCS) is the only responsible source able to perform this long-term effort due to being only facility in the United States that can legally store “Greater Than Class C” low level radioactive waste. The EPA anticipates issuing a solicitation on or about August 1, 2022.

THIS NOTICE IS NOT A REQUEST FOR PROPOSALS. Notwithstanding, any firm that believes it is capable of meeting the EPA’s requirement may submit a capability statement which must address the outlined requirements above. Such documentation must be submitted to the Contracting Officer by 4:30pm Eastern Time on July 8, 2022. A determination not to compete the proposed FFP contract based upon the responses received to this notice is solely within the discretion of the Government. All questions should be directed to Kasual Sharp at sharp.kasual@epa.gov. Responses to this notice must be submitted electronically via email. Telephone responses will not be honored.