09_-_JOFOC_-_FAS_Lab_Certification_1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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

Open Competition. The requiring activity is the Environmental Protection Agency (EPA), Region 9

Mission Support Division, Contracts Branch.

2. Nature and/or description of the action being approved. Approval for a sole-source justification for

EPA/ Department of Interior (DOI) Freely Associated States (FAS) Water Quality Laboratory and

Laboratory Technician Certification Program

3. A description of the supplies or services required to meet the agency’s need (including the estimated value)

The requirement is for the technical support required for continued implementation of the EPA/DOI

Freely Associated States (FAS) Water Quality Laboratory and Laboratory Technician Certification

Program. The FAS consists of the Republic of Palau, the Republic of the Marshall Islands and the

Federated States of Micronesia (Yap, Chuuk, Pohnpei, Kosrae). The technical support will be used to maintain and improve technical performance among the regulatory environmental agencies’ water quality laboratories in the FAS. This support will sustain the capacity of the laboratories to protect the island populations from health risks associated with contaminated drinking water, contaminated shellfish, contact with polluted coastal waters, and to enhance potential for vital economic developments such as tourism and aquaculture ventures.

The activities required to support this requirement includes:

• Task 1: Certification Program

• Task 2: Lab Equipment and Supplies

• Task 3: Certification and Training Requirements

• Task 4: Reports

• Task 5: Technical Assistance

• Task 6: Optional Tasks

The estimated value of requirement is $308,000.00.

4. An identification of the statutory authority permitting other than full and open competition. The contracting officer has determined the circumstances of the contract action to meet the following statutory exception under 41 USC 3304(a)(1) in accordance with FAR 6.302-1 as supported below:

FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

Results of the Request for Information (RFI) made available via GSA and sam.gov, along with the

Notice of Intent to Sole Source posting, revealed that only one responsible source will satisfy the agency requirements. While the GSA RFI targeted specific SINS, the sam.gov RFI and Notice of

Intent to Sole Source posting were made available to everyone who has access to the website, this includes GSA vendors as well. In the end, only one vendor responded to the Governments posting and the program office/COR has determined the one vendor to have the capability to satisfy the agency requirements, based on their responses to the Government questions and previous work history.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Source Selection Information – see FAR 2.101 and 3.104

Freely Associated States (FAS)

Water Quality Laboratory and Laboratory Technician Certification Program

The requirement requires the vendor (Program Manager) to be a US EPA-accredited Laboratory

Certification Officer and has substantial experience working with the FAS on drinking water laboratory issues. This accreditation requirement is a requirement in accordance with EPA Manual for Certification of Laboratories Analyzing Drinking Water, current edition. Buchan Edna doing business as (dba)

Nimbus Environmental Services (NES) is an EPA accredited laboratory certification officer. This gives

NES the unique qualification required by FAR 6.302-1. Additionally, NES has successfully performed the same services in the past.

Furthermore, NES is the only vendor who showed an interest – in writing – in the requirement by submitting responses to the Government RFI questionnaire. As the previous vendor for Purchase Order

68HE0921P0009, NES has been determined by the Program Office/COR to have the capability to meet the requirement.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under 5.202 applies.

An Intent to Sole Source Notice was posted via SAM.GOV website from May 19 thru May 23, 2025, however, no responses were received.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Historical pricing is available to assist in making a determination will be fair and reasonable.

Additionally, the program office has submitted an Independent Government Cost Estimate (IGCE) which will further assist in the determination. Based on the provided IGCE and the historical pricing, it is anticipated that the cost to the government will be fair and reasonable.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

A Market Research as a Service (MRAS) was requested from GSA. The Request for Information (RFI) was posted via RFQ1751052, RFQ175053, RFQ 1751055, RFQ1751056, and RFQ1751057 targeting

SINs 541620 – Environmental Consulting Services (Multiple Award Schedule (MAS)), 541380 –

Testing Laboratory Services (MAS), 10603 – OASIS+ SB, Environmental (541380), 10604 – OASIS+

SB, Environmental (541620), 60603 – OASIS+ UR, Environmental (541380), and 60604 – OASIS+

UR, Environmental (541620). Two NAICS codes were researched: 541620 and 541380.

The RFI was posted on April 2, 2025, and closed April 16, 2025.

The MRAS received two (2) responses from small business entities, however, they stated that they will not be submitting an offer if the requirement is solicited. Furthermore, the respondent stated they do not have the capability to perform all the required services in accordance with the Performance Work

Statement (PWS).

Additionally, another RFI was posted on System for Award Management (SAM) website

(www.sam.gov) via notice ID 68HE0925R0019. The NAICS code that was used for the RFI is 541380 –

Testing Laboratories and Services, however, the sole respondent of the RFI suggested that NAICS code

541620 – Environmental Consulting Service is a better NAICS code for the requirement.

The RFI was made available from April 8, 2025, to April 18, 2025.

http://www.sam.gov/

Two (2) responses were received: BHPE LLC and Buchan Edna dba Nimbus Environmental Services

(NES).

BHPE LLC did not provide any information, i.e. capability statement or response to the RFI question, to make a determination whether the vendor has the capability to meet the requirement or not.

The other vendor who responded to the sam.gov RFI was the previous vendor – NES - who performed the same services under a different contract. The program office/COR determined NES to have the capability to meet the requirement based on their responses to the RFI questions and previous history of performing the service.

A Notice of Intent to Sole Source was posted via sam.gov from May 19, 2025, thru May 23, 2025. The notice did not get any responses.

9. Any other facts supporting the use of other than full and open competition.

None

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Buchan Edna dba Nimbus Environmental Services (NES)

2118 Kaiwiki Rd Hilo, HI., 96720-9722

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

The contracting branch will continue to monitor the market to expand the pool of qualified vendors for future acquisitions.

12. 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.

Angela Sandoval

Contracting Officer Representative (COR)

13. Reviews/Approvals

REVIEW

CONTRACTING OFFICER (CO)

Digitally signed by EMILY

MOGG

Date: 2025.05.28 14:45:15

-07'00'

Emily Mogg, Contracting Officer

Region 9, Contracts Branch

APPROVALS

Mena Medeiros, Division Operations Section Manager

Region 9, Contracts Branch

EMILY MOGG