MURIEL BOWSER MAYOR June 11, 2024 Honorable Phil Mendelson Chairman Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1- 204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code § 2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is proposed Contract No. CW115405 with Tetra Tech, Inc., in the not-to-exceed amount of $31,001,250. The period of performance is 36 months from date of award. Under the proposed contract, Tetra Tech, Inc., shall provide technical support for the Department of Energy and Environment’s Remediation and Site Response Program, Brownfield Program, Voluntary Cleanup Program, and Water Quality Programs. The services provided pursuant to the contract will include using the Comprehensive Environmental Response Compensation and Liability Act process to perform environmental investigation, monitoring, human health and ecological risk assessment, food web model, baseline monitoring, treatability studies, remedial design, remediation, oversight, operation and maintenance, post-remedial performance monitoring, five-year review reports, source control and other required environmental consulting services. My administration is available to discuss any questions you may have regarding the proposed contract. In order to facilitate a response to any questions you may have, please have your staff contact Marc Scott, Chief Operating Officer, Office of Contracting and Procurement, at (202) 724- 8759. I look forward to the Council’s favorable consideration of this contract. Sincerely, Muriel Bowser GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of Contracting and Procurement Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code § 2-352.02(c), the following contract summary is provided: COUNCIL CONTRACT SUMMARY (Multiyear) (A) Contract Number: CW115405 Proposed Contractor: Tetra Tech, Inc. Contract Amount: $31,001,250 Not-to-Exceed (“NTE”) Unit and Method of Compensation: Fixed Unit Prices Term of Contract: 36 months from date of award Type of Contract: Time and Materials with Cost-reimbursable Component Source Selection Method: Sole Source (B) For a contract containing option periods, the contract amount for the base period and for each option period. If the contract amount for one or more of the option periods differs from the amount for the base period, provide an explanation of the reason for the difference: Base Period Amount: $31,001,250 NTE Option Period One Amount: $10,301,911.69 NTE Explanation of difference from base period (if applicable): The difference in pricing is due to the option period being for a shorter period of time than the base period. The latter is for a period of 12 months whereas the base period is for 36 months. Option Period Two Amount: $10,298,954.21 NTE Explanation of difference from base period (if applicable): The difference in pricing is due to the decrease in the labor hours in option year two. 1 (C) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract: The engineering consulting services provided by the contractor shall aid the Department of Energy and Environment in the investigation and remediation of sediments from the Anacostia River. The contractor's responsibilities, as outlined in the contract, encompass not only the ongoing identification of sediment contamination sources in the Anacostia River, but also the implementation of additional remedial actions situated throughout the District that are not specifically designated for the Anacostia River. (D) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price, technical or quality, and past performance components: This contract is a sole source award. The Notice of Intent to Award a Sole Source Contract was available on the OCP transparency site from January 4, 2024, to January 14, 2024. There was no response to the notice within its publishing period. On March 1, 2024, the Chief Procurement Officer authorized the Determinations and Findings for a Sole Source. (E) A description of any bid protest related to the award of the contract, including whether the protest was resolved through litigation, withdrawal of the protest by the protestor, or voluntary corrective action by the District. Include the identity of the protestor, the grounds alleged in the protest, and any deficiencies identified by the District as a result of the protest: N/A (F) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and performance on past or current government or private sector contracts with requirements similar to those of the proposed contract: Tetra Tech, Inc., is a prominent environmental and engineering consulting organization in the United States, boasting a substantial workforce of skilled professionals with extensive expertise in helping federal, state, and municipal government clients. The contractor has consistently delivered satisfactory work for the District on previous contracts and has received positive feedback from the Department of Energy and Environment. In addition, Tetra Tech, Inc., has created a range of exclusive support tools for the Anacostia River Sediment Project. These tools include illicit source tracing, inorganics studies, a priority groundwater model, and a surface water model. These tools are used to assess the destiny and movement of pollutants in the watershed and adjacent land surfaces towards the Anacostia River. (G) A summary of the subcontracting plan required under section 2346 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting plan meets the minimum requirements of the Act and the dollar volume of the portion of the contract to be subcontracted, expressed both in total dollars and as a percentage of the total contract amount: 2 On March 18, 2024, the Department of Small and Local Business Development approved WR-5219 Final Determination, waiving the 35% subcontracting requirement for the subject contract for the 36-month base period. (H) Performance standards and the expected outcome of the proposed contract: The work completed pursuant to the contract shall be performed in accordance with the Anacostia River Toxics Remediation Act, Subtitle J of Title VI, FY2015 Budget Support Act (D.C. Act A20- 0424), the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9621, et seq., and applicable industry standards, including specifically ISO/IEC 17011: General Requirements for Accreditations Bodies, and ISO/IEC 17025: General Requirements for the Competence of Calibration and Testing Laboratories. The expected outcome is to timely conduct analysis and provide requested reporting. (I) The amount and date of any expenditure of funds by the District pursuant to the contract prior to its submission to the Council for approval: None (J) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02: As of May 30, 2024, the Office of the Chief Financial Officer certified that sufficient capital funding is available for the contract. (K) A certification that the contract is legally sufficient, including whether the proposed contractor has any pending legal claims against the District: The Office of the Attorney General has reviewed and approved the proposed contract for legal sufficiency. Tetra Tech, Inc., has no pending legal claims against the District. (L) A certification that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes. If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either: (1) a certification that the contractor has worked out and is current with a payment schedule approved by the District; or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b): According to the Citywide Clean Hands Database, Tetra Tech Inc. is current with its District taxes as of May 15, 2024. (M) A certification from the proposed contractor that it is current with its federal taxes, or has worked out and is current with a payment schedule approved by the federal government: 3 Tetra Tech, Inc., has self-certified that they are compliant with federal tax requirements as of April 5, 2024. (N) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.: Tetra Tech, Inc., is not a District-certified business enterprise. (O) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: None (P) A statement indicating whether the proposed contractor is currently debarred from providing services or goods to the District or federal government, the dates of the debarment, and the reasons for debarment: As of April 4, 2024, the Contractor does not appear on the Federal or District Excluded Parties List. Therefore, the Contractor is not currently debarred from providing services to any government entities. (Q) Any determination and findings issues relating to the contract’s formation, including any determination and findings made under D.C. Official Code § 2-352.05 (privatization contracts): Determination and Findings (D&F) for Sole Source Procurement D&F for Multiyear Contract D&F for Contractor Responsibility D&F for Price Reasonableness D&F for Time-and-Materials with Cost-Reimbursement Element Type Contract (R) Where the contract, and any amendments or modifications, if executed, will be made available online: https://ocp.dc.gov/. (S) Where the original solicitation, and any amendments or modifications, will be made available online: N/A 4 :;87<84ÿ=ÿ458ÿ 47>4ÿ=ÿ?@8ÿ=ÿ458ÿ58=ÿ/> ?ÿB==>87 0010ÿ345ÿ6478849ÿ6 B==>8ÿ=ÿCDÿEÿF8;8@8ÿ 549ÿÿ113 ÿÿ ÿ!"#ÿ$%$& ÿ+,-.'%%!!(""%)* C0CFGÿC0Hÿ12 /0123ÿ4454446703 I3J7ÿ0ÿ/BBCH1KKÿLKMÿ/KÿIF  8ÿ13ÿ83113 NG6G02GÿGÿÿO001J5813 ÿ ÿ cdefghgcifdÿkhÿcldimÿnimop G ÿ78\748Eÿÿ458ÿ?8ÿH Eÿ^48<9ÿ458ÿA;8ÿ78=878>8EÿE;E@?q844^ÿ5 ÿÿ@44E ?A?4^ÿr45ÿ458ÿ 47>4ÿ=ÿ?@8ÿ=ÿCDÿEÿF8;8@8ÿ7ÿ458ÿ8\74<84ÿ=ÿ0<\?^<84 687;>8_ÿG ÿ=ÿ458ÿE48ÿA;89ÿ458ÿE;E@?q844^ÿ5 ÿ><\?8Eÿr45ÿÿE8ÿsÿ3J5689ÿÿ45878=78 45 ÿ874=>48ÿ=ÿ?8ÿH Eÿÿ @8E_ C1CK0ÿ3J_ÿCGtGC1B29ÿK102612:9ÿN0F]1C69ÿG66066]02C69ÿG2ÿ/006 HGNC0Fÿ6ÿ:020FGKÿK10260 6uLHGNC0Fÿ11_ÿK0G2ÿHG26ÿL0/BF0ÿF001M12:ÿGÿK10260ÿBFÿN0F]1C __ÿB0ÿsÿ3J568ÿv118w sÿ3J568ÿNFBH1L1C1B2ÿG:G126Cÿ166uG20ÿB/ÿK10260ÿBFÿN0F]1C W+R.YUÿP ÿTQUÿZQ[QX P.QRÿSR#ÿSTTQÿQUÿVQ.,QÿWU,QX.Q Cÿ;?E48ÿ45 ÿ>874=>489ÿ\?8 8ÿ; 4ÿ]^CD__;_ÿBÿ458ÿ]^CDÿÿ5<8\89ÿ>?>`ÿ458 aM ?E48ÿÿ874=>48ÿ=ÿ?8ÿH Ebÿ5^\87?`ÿ@E87ÿ458ÿ?8ÿH Eÿ8>4_ xxyxÿz{|ÿp{}~~{ÿp€ÿp‚{~ÿƒ„y€ÿ †|‚‡ˆ{‰‡€ÿocÿƒyyƒzŠ‹|‰‡~ŒÿƒyƒŽÿ„ƒzyzŠ‘’f “”oc”ˆ‰• ÿ GOVERNMENT OF THE DISTRICT OF COLUMBIA Department of Energy and Environment MEMORANDUM TO: Nancy Hapeman Acting Chief Procurement Officer of Contracting and Procurement THRU: Richard Jackson P.P. Richard Jackson Director FROM: Lazaro DeLa Cruz Agency Fiscal Officer DATE: May 30, 2024 SUBJECT: FY24 Funding Certification of Capital Funding for Contract CW115405 with Tetra Tech Inc. This memorandum certifies that funds are available in FY 24 Capital Budget for the execution of a $31,001,250.00 procurement with Tetra Tech Inc. for the base year contract commencing April 2024 (Contract CW115405) for work related to the Anacostia River sediment project. The capital funding attributes are the following: Cost Center – 60078 Appropriated Fund – 3030 Fund – 303014 Account Group – 713200C. Account – 7132001 Project – 100930 Award – 3000206 Program - 600115 Should you have any questions, please contact me at (202) 535-2512 or by email: lazaro.delacruz@dc.gov 1200 First Street NE, 5th Floor, Washington, DC 20002 | (202) 535-2600 | doee.dc.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Attorney General ATTORNEY GENERAL BRIAN L. SCHWALB Commercial Division MEMORANDUM TO: Tomás Talamante Director Office of Policy and Legislative Affairs FROM: Robert Schildkraut Section Chief Government Contracts Section DATE: May 31, 2024 SUBJECT: Approval of Sole Source Contract for Anacostia River Remediation Engineering Consulting Services Contract Number: CW115405 Contractor: Tetra Tech, Inc. Contract Amount: NTE $31,001,250.00 This is to Certify that this Office has reviewed the above-referenced Contract and that we have found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018. ______________________________ Robert Schildkraut 400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400 1. Reserved for later use Page of Pages AWARD/CONTRACT 1 54 2. Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No. CW115405 See Section 20c 5. Issued by: Code 6. Administered by (If other than line 5) Department of Energy and Environment Office of the Contracting and Procurement 1200 First Street, N.E. 441 4th Street, NW, Suite 330 South Washington, DC 20002 Washington, DC 20001 7. Name and Address of Contractor (No. street, city, county, state and Zip 8. Delivery Code) FOB Origin Other Tetra Tech In. 9. Discount for prompt payment: 800 N. capitol Street, N.W. 760 10. Submit invoices to the Address shown in Section 7 Washington, DC (2 copies unless otherwise specified) Duns No. TIN 11. Ship to/Mark For Code 12. Payment will be made by Code Department of Energy and Environment Department of Energy and Environment 1200 First Street, N.E. 1200 First Street, N.E. Washington, DC 20002 Washington, DC 20002 13. Remit Address: Same as 7 14. Accounting and Appropriation Data ENCUMBRANCE CODE: 15A. Item 15B. Supplies/Services 15C. 15D. Unit 15E. Unit Price 15F. Amount Qty. B.3.1.1 Not To Exceed (NTE) through Anacostia River Sediment Project Lot $ 31,001,250.00 B.3.1.3 Total Amount of Contract NTE $31,001,250.00 16. Table of Contents (X) Section Description Page (X) Section Description Page PART I – THE SCHEDULE PART II – CONTRACT CLAUSES X A Award/Contract Form 1 X I Contract Clauses 40 B Price Schedule 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER X X ATTACHMENTS X C