122-16_1_1.PDF

Source Selection Information – see FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER ABOVE THE SIMPLIFIED ACQUISITION THRESHOLD

1. Identification of Agency and contracting activity: This is a Justification for an Exception to Fair

Opportunity. The requiring activity is the Water Division, Environmental Protection Agency (EPA).

2. Nature description of the action being approved. Not-To-Exceed (NTE) increase for Option Year

Two (OY2) of the Tribal Circuit Rider Program for Direct Implementation of the Safe Drinking Water

Act (SDWA) currently being performed by Rural Community Assistance Corporation (RCAC) and is being justified for limiting sources – sole source in accordance with FAR 8.405-6.

3. A description of the supplies or services required to meet the agency’s need

RCAC is currently performing services for the Tribal Circuit Rider Program for Direct Implementation of the Safe Drinking Water Act (SDWA). Option Year One (OY1) is expiring and the continued services is needed therefore exercising Option Year Two (OY2). However, a price increase for OY2 is needed due to optional work that started prior to OY2 and will need to be continued during OY2 and for work exercised in OY1 but was cancelled and rescheduled for OY2.

OY2 Period of Performance: 11/01/2024 – 10/31/2025

Total Estimated Value of the Price Increase: $500,042.66

Identification of the awardee to be awarded. Rural Community Assistance Corporation

4. Authority and supporting rationale. The contracting officer has determined the circumstances of the contract action to meet the following statutory exception under FAR 8.405-6(a)(1)(i) or 8.405-6(b)(1) as supported below:

Only one awardee is capable - FAR 8.405-6(a)(1)(i)(B) – Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

RCAC was awarded Task Order GS-10F-0255X / 68HE0922F0059. The Performance Work

Statement (PWS) included 4 Tasks and Optional Tasks.

Optional Task 3.4 – Special Project or Initiatives which includes performing service line inventories

– was exercised via P00001 dated 07/27/2023. EPA has a national deadline for water systems to develop and submit initial lead service line inventories to the State by October 16, 2024. Although this deadline would have elapsed prior to the commencement of OY2, there are subsequent deadlines that will come due in OY2 that will require contractor support under the TO, including distribution of public notice to homeowners (deadline November 15th, 2024), and certification of public notice (deadline July 1, 2025). Additionally, EPA can expect some “mop up” activities after the October 16, 2024, deadline. These are activities that includes revision of initially submitted service line inventories that do not meet EPA standards, and submission of inventories that did not meet the October 16th deadline. These activities are expected to equate to roughly six (6) months of equivalent burn rate as was expected during OY1.

Optional Task 4.3 – Additional Trainings and Training Conference – was exercised via P00007 dated 12/05/2023. This conference was originally scheduled for May 2024. However, due to (1) shifting venue pricing - summer per diem rates at the original location exceeding the amount that

EPA had authorized and (2) a tribe that originally committed to a co-sponsorship agreement but was

GS-10F-0255X / 68HE0922F0059

later unable to fulfil the commitment, it was necessary to cancel and reschedule the conference to a different location and at a different date.

RCAC is currently performing these services giving them firsthand knowledge of what has been done and what remains to be done. Recompeting the requirement and awarding to a new vendor may result in duplicative work and costs.

5. Determination.

The order to increase the NTE total for OY2 value is the best value for the government. If recompeted, the burden of administrative action/resources will increase and a guarantee of obtaining a lower price is not guaranteed. It may be more costly if the requirement is recompeted and an award is not made on time causing disruption or lapse in services. Additionally, the labor rates are based on RCAC’s GSA rates which have been determined fair and reasonable.

6. Market Research

A market research was not conducted.

7. Additional Facts.

None

8. Statement of actions.

The barrier that led to this exception to fair opportunity cannot be removed until the requirement is resolicited.

9. Contracting Officer Certification.

The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

10. Technical / Requirements Certification

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Nathaniel Delano

Contracting Officer Representative

GS-10F-0255X / 68HE0922F0059

11. Approvals

PREPARED BY

Contract Specialist (CS)

Allan Cris Dela Cruz, Contract Specialist

REVIEWS

CONTRACTING OFFICER (CO)

Emily Mogg, Contracting Officer

APPROVALS

TEAM LEAD OR HIGHER (As Assigned and will vary)

Rede Shifferaw, Regional Acquisition Manager (RAM)