The Department of Defense’s Contracting Challenges and Opportunities with PFAS Remediation
Open Access DepositedPer- and polyfluoroalkyl substances (PFAS) are man-made chemicals found in many products people use every day. While much is still unknown about these compounds, research demonstrates that these compounds present human health and environmental risks. PFAS compounds have been detected in humans, wildlife, and fish. The environmental impacts of PFAS contamination are vast. The Department of Defense (DoD) and many civilian agencies historically used a firefighting foam, known as aqueous film-forming foam (AFFF), which contained forms of PFAS. Legacy AFFF formulations were lauded for their effectiveness in extinguishing petroleum fires quickly. Although AFFF is typically discharged on land, it can easily migrate through soil into groundwater or stormwater runoff into surface waters. Because of its historic use of AFFF, the DoD is conducting investigations at nearly 700 military installations for possible PFAS contamination and is engaged in remediation efforts throughout the United States. PFAS remediation presents complex challenges due to the nature of the contaminants. Specifically, these compounds are resistant to degradation, migrate easily in the environment, and have the potential to bioaccumulate in humans and animals for a long time. Further, the lack of Federal regulatory guidance has led to a patchwork of laws throughout the United States aimed at targeting various PFAS chemicals. PFAS remediation will continue to dominate a considerable amount of the DoD’s future procurements. Contracting officers must carefully consider the risks inherent in PFAS remediation and should incorporate environmental considerations when procuring services for PFAS remediation.
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