Oak Ridge Environmental Partners, LLC (89303319REM000047)

B-420358,B-420358.2 Feb 01, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Oak Ridge Environmental Partners, LLC (OREP), of Oak Ridge, Tennessee, challenges the award of a contract to United Cleanup Oak Ridge, LLC (UCOR), of Germantown, Maryland, under request for proposals (RFP) No. 89303319REM000047, which was issued by the Department of Energy (DOE), for the Oak Ridge Cleanup Contract (ORCC) to provide cleanup and other associated services at East Tennessee Technology Park (ETTP), Y-12 National Security Complex (Y-12), and Oak Ridge National Laboratory (ORNL). OREP primarily challenges the agency's evaluation of its past performance. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  Oak Ridge Environmental Partners, LLC File:  B-420358; B-420358.2 Date:  February 1, 2022 Scott R. Williamson, Esq., and Daniel R. Williamson, Esq., Williamson Law Group, LLC, for the protester. Jason A. Carey, Esq., J. Hunter Bennett, Esq., and Victoria A. Barnard, Esq., Covington & Burling, LLP, for United Cleanup Oak Ridge, LLC, the intervenor. Stephanie B. Young, Esq., Kevin R. Hilferty, Esq., and Stephanie J. Villalta, Esq., Department of Energy, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s evaluation of past performance is denied where the record demonstrates that the agency’s evaluation was reasonable and in accordance with the solicitation’s evaluation criteria. DECISION Oak Ridge Environmental Partners, LLC (OREP)[1], of Oak Ridge, Tennessee, challenges the award of a contract to United Cleanup Oak Ridge, LLC (UCOR)[2], of Germantown, Maryland, under request for proposals (RFP) No. 89303319REM000047, which was issued by the Department of Energy (DOE), for the Oak Ridge Cleanup Contract (ORCC) to provide cleanup and other associated services at East Tennessee Technology Park (ETTP), Y‑12 National Security Complex (Y-12), and Oak Ridge National Laboratory (ORNL).  OREP primarily challenges the agency’s evaluation of its past performance. We deny the protest. BACKGROUND One of DOE’s strategic goals is to meet the challenges of cleaning up the nation’s Manhattan Project and Cold War legacy.  To accomplish this goal, DOE intends to reduce its environmental liabilities through accelerated cleanup of high-risk areas, resulting in risk reduction and returning land for its projected future use.  Relevant here, the Oak Ridge Environmental Management (OREM) mission is to complete cleanup of the Oak Ridge Reservation (ORR) to protect the region’s health and environment, make clean land available for future use, and enable DOE vital missions in science, energy, and national security.  Agency Report (AR), Tab B.1, Source Evaluation Board (SEB) Rep. at 11.[3] DOE issued the RFP for the ORCC on December 18, 2020, and subsequently amended the RFP twice.  See Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 4.  The RFP anticipated the award of a single indefinite-delivery, indefinite-quantity contract with a 10-year ordering period.  AR, Tab A.1, RFP, ¶ B.2.  Task orders may be issued on a fixed-price or cost-reimbursable basis, up to a potential contract ceiling of $8.3 billion.  Id.  The scope of the ORCC includes the following principal tasks: ·  Cleanup:  Preparation for demolition and/or demolition of numerous facilities and remediation of environmental media at ETTP, ORNL, and Y-12, including disposal of all associated wastes, and improvements (e.g., repairs, stabilization, upgrades) for facilities planned for future use or historic preservation. ·  Construction and/or Startup of Mission Support Facilities:  Complete first phase construction and initiate operation of the Environmental Management Disposal Facility, and complete commissioning of the Outfall 200 Mercury Treatment Facility (MTF) at Y-12. ·  Operations: o  Liquid and Gaseous Waste Operations (LGWO):  Operate and maintain LGWO facilities to dispose of ORNL and OREM liquid and gaseous wastes and ensure reliability of these essential systems and services. o  Transuranic (TRU) and Solid Waste Debris Storage and Shipment Support:  Manage OREM’s remaining TRU and legacy waste inventory and support shipments at the Waste Isolation Pilot Plant or other offsite disposal facilities. o  Surveillance and Maintenance of Facilities and Sites at ORNL and Y-12 under OREM responsibility:  Maintain OREM’s excess contaminated facilities and sites to ensure safe and stable condition that minimizes risk pending facility demolition, site remediation, and/or transfer. o  Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Disposal Facilities and ORR Landfills:  Operate and maintai...