R--Technical Support for Assessment and Watershed Protection-3

Sole Source Justification for TMDL development support for Oregon Waters Award

The purpose of this justification is to notify the public of the sole source award to TETRA-TECH, INC for the Water and OITA Branch /Water Tribal Science Division BPA Contract (Award # 68HERC22A0021/68HERW26F0018).

Authority Cited:
The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c) (2) in accordance with FAR 8.405-6(a)(1)(C) Logical Follow-on.

Need & Justification:
Under FAR 8.405-6(a)(1)(C) this Call Order has been issued on a sole-source basis because the services being supplied under the new call order are unique and highly specialized. In the interest of efficiency, award of this call order to Tetra Tech Inc. allows work to continue without the need for additional planning time that would be required if a new/different vendor was awarded this call order. The relationship between the current order and the follow-on is logical in scope and technical expertise, as this follow-on order is integral to the completion of the current project work. Moreover, the projects are time sensitive due to court mandates, which establish an urgent and compelling need to minimize any risk of delays associated with a competitive solicitation.

The complexity and specificity of the various projects under this call order, combined with the contractor's deep expertise and familiarity with the unique challenges of Oregon's temperature Total Maximum Daily Load (TMDL) technical support, make the current contractor the only viable source for continuing this work. The contractor has developed a nuanced understanding of the region's environmental conditions and regulatory requirements, which is crucial for maintaining the integrity and continuity of the projects. Transitioning to a new contractor would not only disrupt the progress but would also require significant time and resources to bring them up to speed, thereby jeopardizing the project's timelines and the EPA's ability to comply with court mandates.

The court-mandated deadlines create an urgent and compelling need to adhere to the established schedule. Any deviation could result in legal repercussions for the EPA, including being held in contempt of court. The current contractor's proven track record and established methodologies ensure that the projects will be completed efficiently and effectively, minimizing the risk of delays and additional costs. By continuing with the existing contractor, the EPA can leverage the contractor's expertise and experience to ensure that the TMDLs are developed in a manner that is both scientifically robust and legally defensible, thus fulfilling the agency's obligations under the court's order.




Risk
Recent litigation concerning Oregon TMDLs, specifically in the case of Northwest Environmental Advocates v. United States Environmental Protection Agency (No. 3:12-CV-01751-AC, decided in 2017), mandates the establishment of 15 temperature TMDLs over a roughly ten-year period. The
EPA has to adhere to court mandates and timelines. Therefore, intense collaboration between the EPA and the State of Oregon involves comprehensive administrative processes to ensure overall compliance with the Court's Order. Any delays could result in the agency missing a deadline and being held in contempt of court. It is anticipated that costs and time for various projects would increase significantly if a new contractor were required to take over. A considerable investment has been made with the current contractor to learn the intricacies of temperature TMDL analysis, including criteria application, model configuration, model scenarios, shade analyses, and attainment scenarios.