Bridge_JOFOC__R2_ERRS_Revised_Redacted_1.pdf

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Attached to
JOFOC (BRIDGE Extension) Emergency Rapid Response Services Federal contract opportunity
Solicitation number
68HE0219R0002
Issued by
Environmental Protection Agency Region 2

About this file

This is a Justification for Other Than Full and Open Competition (JOFOC) for a 12-month bridge extension of three Emergency and Rapid Response Services (ERRS) indefinite delivery/indefinite quantity (ID/IQ) contracts awarded to Environmental Restoration, LLC (68HE0220D0001, $137,009,434.50), Guardian Environmental Services (68HE0220D0002, $130,542,391.71), and Kemron Environmental Services (68HE0220D0003, $129,987,681.74). The U.S. Environmental Protection Agency Region 2 seeks to extend these contracts from January 27, 2026, through January 26, 2027, to provide time-critical removal and rapid remedial action services across New York, New Jersey, Puerto Rico, and the U.S. Virgin Islands. The extension is justified under the "unusual and compelling urgency" authority of 41 U.S.C. § 3304(a)(2) due to staffing shortages and acquisition delays that have prevented timely procurement of successor contracts. Currently, 27 of 109 issued task orders remain active and require continued funding during the extension period to address hazardous substance disposal, water treatment systems installation, indoor air mitigation, and site remediation activities. The existing contractors possess unique site-specific knowledge, required personnel with 24/7 response capability, specialized equipment, health and safety certifications including OSHA 29 CFR 1910.120 compliance, and Level A personal protective equipment capabilities for responding to industrial chemicals and terrorism-related incidents.

The agency anticipates utilization of existing contract capacity with no ceiling increase required. The new competitive successor ERRS contracts are scheduled for Spring 2026 issuance with a target award date of December 31, 2026. Market research conducted included a Sources Sought published October 17, 2024, that yielded five responses, and an Industry Day webinar held December 19, 2024, attended by 54 vendor representatives from over 29 firms. The JOFOC will be published on SAM.gov in accordance with FAR requirements, and any bids or proposals received will be considered. The Contracting Officer determined that costs are fair and reasonable based on existing contract pricing previously found acceptable at initial award. All three incumbent contractors are small businesses that have collectively issued 109 task orders since contract activation on July 27, 2020. The justification was approved by Stefan Martiyan, Director of the Office of the Chief Procurement Officer, on January 25, 2026.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETION

(BRIDGE EXTENSION)

In accordance with the Authority of FAR 6.103-21

Region 2 Emergency and Rapid Response Services (ERRS) Contract Nos. 68HE0220D0001, 68HE0220D0002 & 68HE0220D0003

This Bridge Justification for Other than Full and Open Competition (JOFOC) is prepared pursuant to the content requirements prescribed in Federal Acquisition Regulation (FAR) subpart 6.104-1 (DEVIATION) [41 U.S.C. 3304(a)(2)] and Environmental Protection Agency Acquisition Policy (EPAAP) Subsection 6.3.1 – Bridge Justification for Other Than Full and Open Competition (January 2018).

Identification Number (purchase request/solicitation number): PR-R2-25-00011

1. In accordance with FAR 6.104-1(a)(1) (DEVIATION), identification of the agency and contracting activity.

Agency: U.S. Environmental Protection Agency

Contracting Activity: Region 3, Mission Support Division Contracts Management Branch (on behalf of Region 2)

Program Office: Region 2, Superfund and Emergency Management Division

(SEMD)

Program Point of Contact:

Region 2 ERRS Project Officer Contracting Officer’s Representative (COR)

Project Identification: Emergency and Rapid Response Services (ERRS)

Proposed Source(s): Current contract holders:

68HE0220D0001, Environmental Restoration, LLC 68HE0220D0002, Guardian Environmental Services 68HE0220D0003, Kemron Environmental Services

1 This reference is to deviated Federal Acquisition Regulation (FAR) language for FAR Part 6, in Support of Executive Order 14725 on

Restoring Common Sense to Federal Procurement. All deviated FAR references can be found at FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

2. In accordance with FAR 6.104-1(a)(2) (DEVIATION), the nature and/or description of the action being approved (i.e., sole source, limited competition, establishment of a new source, etc.).

Region 2 EPA is requesting to extend the ERRS multiple award contracts 68HE0220D0001, 68HE0220D0002, and 68HE0220D0003 for a period of 12-months.

The purpose of these extensions is to facilitate the re-procurement of a replacement contract for the emergency and rapid response services requirement. If the existing contracts are not extended, Region 2 will be without services and unable to meet statutory requirements to respond to emergency and rapid response services for time-critical removals and rapid remedial actions for the United States Environmental Protection Agency (EPA) Region 2.

The specific contracts needing extensions are identified below. This justification is for a 12-month extension of each contract listed as follows.

Contractor: Environmental Restoration, LLC

- Contract Number: 68HE0220D0001

- Contract Amount: $137,009,434.50

- Contract Type: ID/IQ Contract with Firm-Fixed Price or Fixed Rate Task Orders

Contractor: Guardian Environmental Services

- Contract Number: 68HE0220D0002

- Contract Amount: $130,542,391.71

- Contract Type: ID/IQ Contract with Firm-Fixed Price or Fixed Rate Task Orders

Contractor: Kemron Environmental Services

- Contract Number: 68HE0220D0003

- Contract Amount: $129,987,681.74

- Contract Type: ID/IQ Contract with Firm-Fixed Price or Fixed Rate Task Orders

Approval is sought for the use of other than full and open competition to issue bridge modifications for the following three EPA Region 2 ERRS Indefinite Delivery Indefinite Quantity (IDIQ) contracts to extend the period of performance for 12-months. The current IDIQ contract expires on January 26, 2026. The contracts have an available capacity in the table below; therefore, a ceiling increase is not required with these bridge extensions.

Contract Contractor Initial Ceiling Remaining Ceiling 68HE0220D0001 Environmental Restoration, LLC $137,009,434.50 68HE0220D0002 Guardian Environmental Services $130,542,391.71 68HE0220D0003 Kemron Environmental Services $129,987,681.74

3. In accordance with FAR 6.104-1(a)(3) (DEVIATION), a description of the supplies or services required to meet the agency’s needs (including the estimated value).

The requirement is to provide emergency and rapid response services for time-critical removals and rapid response remedial actions for the United States Environmental Protection Agency (EPA) Region 2 area, which comprises a geographic area of New York, New Jersey, Puerto Rico, and the U.S. Virgin Islands. These services will be conducted under the authority of Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act (SARA); Section 311 of the Clean Water Act (CWA), as amended by the Oil Pollution Act (OPA) of 1990; Subtitle I of the Resource Conservation and Recovery Act (RCRA) as amended, the National Oil and Hazardous Substance Pollution Contingency Plan (NCP); and under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288 as amended in response to a presidential disaster declaration.

The Region currently has three small business ERRS contracts: one with Environmental Restoration, LLC under contract 68HE0220D0001 with a maximum potential value of $137,009,434.50, one with Guardian Environmental Services, Inc. under contract 68HE0220D0002 with a maximum potential value of $130,542,391.71, and one with Kemron Environmental Services under contract 68HE0220D0003 with a maximum potential value of $129,987,681.74.

a. ON-GOING, EXISTING WORK: Since the activation of these ERRS contracts on

July 27, 2020, the Program has issued a total of 109 Task Orders. A total of 64 Task Orders were issued under contract 68HE0220D0001, 17 Task Orders were issued under contract 68HE0220D0002, and 28 Task Orders were issued under contract 68HE0220D0003. As of December 2025, twenty-seven of these Task Orders remain active requiring contractor services in accordance with the individual statements of work. These statements of work vary and include, disposal of hazardous substances remaining on Sites in drums, tanks and other containers, Installation of potable water treatment systems, Installation of indoor air mitigation systems, construction of a protective cap over a Site with buried munitions and mitigating threats from releases of petroleum products. Many of these Task Orders are estimated to require additional funding during the period of performance requested in this Bridge contract, between January 27, 2026, and January 26, 2027. The Program estimates that an additional will be required for these Task Orders. A summary of the currently Active ERRS Task Orders and the estimated amount of funding each may require during the proposed period of performance is listed on the page that follows.

b. ANTICIPATED NEW WORK: Anticipating new work is a non-linear task which is extremely difficult to estimate with any degree of certainty. To provide any estimates on anticipated new work, the Program will utilize data captured during the initial 5.5 years of these contracts. Since the Fair Opportunity Act requires Task Orders to be competitively awarded, the Program is estimating the anticipated work for all three ERRS contracts evenly. As illustrated in the chart for the response to Item 9 of this document, the annual obligation to a single ERRS contractor has ranged from to . This vast difference is attributed to a multitude of factors and exemplifies the difficulty of making any estimates of this type not only difficult but be of a low degree of certainty.

Assuming the worst-case scenario, based on the past 5.5 years, the annual high-water mark for obligations to a single ERRS contractor was . Although no major Incidents of national significance were undertaken under these ERRS contracts, the previous high-water mark for a response of this nature in Puerto Rico utilized of a single ERRS contractor’s annual capacity. To address the unpredictable nature of how much work will be required, a contingency factor of is being added to the estimate for anticipated work. Making these calculations, [ + ) x = ] x 3 ERRS contractors equates to a total need of

. Subtracting the estimated amounts needed for the existing Task Orders of , the need for anticipated work is , or for each of the three ERRS contractors. A breakdown for each ERRS contractor is provided below.

Estimated Value Summary.

The estimated value of the extension for contract 68HE0220D0001 is inclusive of and delineated as follows:

Estimate for Extension of Current & Anticipated Mission-Critical Support

Type Duration Period Estimated Value

Base Extension (Existing Work)

(Estimated value for 12 months of performance for existing, on-going mission-critical work)

12 months January 27, 2026 - January 26, 2027

Base Extension (Anticipated New Work)

(Estimated value for 12 months of performance for new work for anticipated future emergency and time-critical mission work)

Total Estimate

The estimated value of the extension for contract 68HE0220D0002 is inclusive of and delineated as follows:

Estimate for Extension of Current & Anticipated Mission-Critical Support

Type Duration Period Estimated Value Base Extension (Existing Work)

(Estimated value for 12 months of performance for existing, on-going mission-critical work)

(Estimated value for 12 months of performance for new work for anticipated future emergency and time-critical mission work)

The estimated value of the extension for contract 68HE0220D0003 is inclusive of and delineated as follows:

Estimate for Extension of Current & Anticipated Mission-Critical Support

Type Duration Period Estimated Value Base Extension (Existing Work) (Estimated value for 12 months of performance for existing, on-going mission-critical work) months

January 27, 2026

(Estimated value for 12 months of performance for new work for anticipated future emergency and time-critical mission work) months

January 27, 2026

4. In accordance with FAR 6.104-1(a) (4) (DEVIATION), An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.103-2 (DEVIATION) entitled, “Unusual and compelling urgency.”

5. In accordance with FAR 6.104-1(a) (5) (DEVIATION), A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The current contractors are uniquely qualified to complete the work on the site-specific projects subject to this JOFOC. These contractors are exclusively qualified to perform work because of first-hand knowledge, experience with and history of the sites. The services subject to this JOFOC are in a critical state in the emergency and rapid response clean-up process and allowing a break in contract coverage could result in a significant impact on human health and the environment. These contractors are the only sources that can continue the existing work and support projects that may be necessary for mission critical work in the timeframe required, until such time as replacement contracts can be awarded for the following reasons:

a. All referenced contractors have the necessary knowledge, staff, and experience to continue the work in the most cost effective and efficient manner for EPA Region 2.

i. The existing contractors have personnel that have experience in the operation and maintenance of heavy equipment, knowledge of how to mitigate the release or threat of a release of oil, petroleum products, hazardous substances, pollutants or contaminants into the environment, and the ability to effectively plan and execute site activities under various and often unknown circumstances.

ii. The existing contractors provide and maintain a management and personnel structure that will ensure that sufficient personnel are available on a 24 hour basis to respond to emergencies within six hours (except for Puerto Rico and the U.S. Virgin Islands) and to non-emergency actions within 48 hours of notification.

iii. The existing contractors own or have access to equipment of the types and quantities required by the contract to perform the necessary work. Each contractor has an equipment list consisting of a number of diverse items including trucks, trailers, excavation equipment, personnel protective gear, electric generators, pumps, meters, etc.

iv. The existing contractors are able to perform all containment and countermeasure activities such as, sampling and analysis, erection of physical barriers to contain pollutants, drum handling, site security and the use of neutralizing chemicals.

v. The existing contractors perform all cleanup, mitigation, and disposal actions.

These actions include, but are not limited to, use of specialized chemicals and equipment, salvaging or destroying pollution containing vessels, pumping underground water, on-site temporary storage and both on-site and off-site disposal.

The existing contractors are required to subcontract for transportation and disposal of hazardous waste, or, with approval, self-perform transportation and disposal of on-site waste materials.

vi. The existing contractors have the capability to properly manage the costs associated with the required work. Cost accounting and cost control techniques are employed to ensure that funds are properly tracked and efficiently utilized.

vii. The existing contractors maintain a quality assurance program which provides for effective program management (including organization and responsibility) and ensure that all environmental monitoring data will be of known quality.

viii. The existing contractors maintain a database that includes all necessary information for review of past work, work in progress, and work being pursued under any marketing proposals for the purpose of performing conflicts of interest searches as required in the Contractor’s Conflict of Interest Plan.

ix. The existing contractors have developed and implemented a Health and Safety Plan in compliance with all requirements of EPA and the Occupational Safety and Health Administration (OSHA) 29 CFR 1910.120 for activities at hazardous waste sites.

x. The contracts have Level A requirements necessary to respond to incidents requiring

Level A personal protective equipment. Responses may involve industrial chemicals and/or incidents involving materials associated with terrorist’s activities, including biological warfare agents, radiological materials, and chemical warfare agents.

b. These services are needed on an ongoing basis while the Region completes the procurement process of new ERRS contracts.

Region 2 is dependent on the current contractors to maintain ongoing actions and be responsive to potential emergency responses. Currently, there are 109 active Task Orders distributed across the three existing contracts. Continuity of service is essential to meet EPA Region 2 mission critical work, time-critical removals, and rapid remedial actions with respect to the release or threat of release of oil, hazardous and toxic wastes, petroleum products, hazardous substances, pollutants, contaminants or fire or explosion hazards, that pose an actual or potential threat to human health or welfare, or the environment.

It is not feasible to assess crossover work for the three current contractors. A review of existing contracts across EPA regions indicates that Environmental Restoration LLC has contracts with Regions 1, 2, 3, 4, 5, 7 and 8. Kemron Environmental Services has contracts with Regions 2 and 4. Guardian Environmental Services has a contract in Region 2. There is not an active Guardian Environmental Services contract in another region. Task order placement under Region 2 ERRS contracts is performed under “Fair Opportunity” IAW FAR

16.505. There would need to be an active EPA ERRS contract, for each named contractor, with capacity available, for Region 2 to consider crossover work. All three of the existing contractors would need to be afforded the fair opportunity to be considered for each task order. As only two of the three current Region 2 ERRS contractors have other existing ERRS contracts within EPA, it is not practicable nor reasonable to seek crossover capacity for only two of the three current contractors. Also, as each region self-procures ERRS contracts, each region’s ERRS contract should have similar programmatic intent and requirements, but the form, function, rates, and process could vary, adding an additional layer of complexity.

c. Transitioning projects from existing ERRS contracts, to new temporary contracts and then to new ERRS contracts would adversely impact ongoing task orders.

Historically, when contracts end EPA anticipates and experiences some costs and delays associated with transition. In general, to avoid these transition costs, the Region would work to award new ERRS contracts and have an overlap in service. This would allow the Region to plan and minimize these impacts.

A significant lack of resources has impacted Region 2’s efforts to procure the necessary successor ERRS contracts. This has resulted in significant delays to the acquisition milestone schedule for the ERRS. This extension would allow continuation of mission critical activities while the essential successor contracts are procured to continue these EPA mission critical services.

An extension of the current contracts is considered the most efficient and timely option to maintain ongoing actions. This would allow the existing contracts to continue with the services currently provided. This would result in the least disruption to the numerous mission critical task orders in place. As indicated above, the existing contractors have the personnel, expertise, and equipment to meet immediate needs. Discontinuing the task orders or creating unnecessary breaks and delays in these services would negatively impact these mission critical services and would ultimately result in placing communities and human health at risk.

If short term contracts were contemplated, it would require significant cost and time required for EPA to conduct, and vendors to compete for numerous short term projects specific contracts. There would not be any benefit that might be realized by competing these requirements. If short-term contracts were awarded, all projects on the expiring contracts would be delayed and incur additional costs when transitioned from the existing contract to the short-term contract. This could potentially impact affected communities negatively. Once the new contractor was up to speed. These projects would then have to be transitioned again into new ERRS contracts.

Additionally, a new contractor would incur excessive cost and schedule delays to provide the services on a short-term basis. While it would be theoretically possible for EPA to execute these projects under other acquisition vehicles with other contractors, this could only be achieved by expending considerable government resources and time which again would cause unacceptable delays that would negatively impact affected communities. Keeping the existing contracts in place, while new successor contracts are awarded, allows EPA to leverage the incumbent contractor that already has the organization, resources, and staff at the project sites to provide these services without any transition. It is not cost effective for the EPA to negotiate and award a new short-term contract with any other source.

6. In accordance with 6.104-1(a) (6) (DEVIATION), a description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a SAM.gov announcement was made and what response, if any, was received, or include the exception under FAR 5.202 if not synopsizing. Describe whether any additional or similar requirements are anticipated in the future (this may not be included as an addendum but must be in the body of the JOFOC).

As noted throughout the justification the only way to ensure continuous service is to extend the three existing contracts for 12-months, to allow adequate time for procurement of new ERRS contracts. The Region 2 ERRS successor contracts will be procured by Region 3 Contracts in conjunction with the Region 3 ERRS contracts. This extension affords a complete procurement process to be executed.

Notice of this JOFOC will be published in SAM.gov in accordance with the posting requirements in FAR 5.201 and as implemented in 6.305. In accordance with FAR 6.302-l(d)(2), any bids, proposals, quotations, or capability statements that are received will be considered.

7. In accordance with 6.104-1(a) (7) (DEVIATION), A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated dollar value of the proposed acquisition, including options, is .

By signing the justification, the Contracting Officer (CO) makes the determination that the costs/prices to the Government are expected to be fair and reasonable after contract modification based upon the existing prices and/or labor rates present in the current ID/IQ contract having previously been found to be fair and reasonable at the initial contract award.

https://www.acquisition.gov/far/part-5#FAR_5_202

8. In accordance with FAR 6.104-1(a) (8), A description of the market research conducted (see part 10), and the results or a statement of the reason market research was not conducted.

Market research was initiated for the Region 2 ERRS successor contracts. EPA Office of Small and Disadvantaged Business Utilization (OSDBU) vendor information for North American Industry Classification System (NAICS) 541620 and 562910, General Services Administration (GSA) Schedule holders under 562910 RMI (Environmental Remediation Services - Multiple Industries) was reviewed. An initial Sources Sought (68HE0225R0001) conducted in October 2024, yielded five responses. An Industry Day Webinar was held on December 19, 2024. Fifty-four vendor personnel attended with representation of over 29 individual firms. ERRS contracts are awarded cyclically in the EPA, so the pool of qualified firms is fairly constant and well known. Contract awards for emergency and rapid response services have demonstrated that there is more than one small business capable of performing this requirement at a fair and reasonable price. However, contract awards have also demonstrated that this requirement cannot be further set aside for other socio-economic categories.

9. In accordance with FAR 6.104-1(a) (9) (DEVIATION), Any other facts supporting the use of other than full and open competition.

Based on the historical expenditure rate and the current project / task order load, the existing ceiling amounts for each individual contract are expected to be sufficient to accommodate the requested contract extension. No ceiling increase is requested.

(i) Rationale

Region 2 informally began planning for the new ERRS solicitation in February 2024.

At that time, the existing ERRS contracts were to expire on July 26, 2025. The Removal Program and contracting office met weekly to review historic solicitation documents and revise and update them to meet the Program needs. The Performance Work Statement was revised and updated to include numerous changes in cost tracking, electronic filing, and QA/QC requirements among other updates.

Definitions to Key personnel were also updated, as were equipment needs and response time information. These changes were completed and uploaded into the Advanced Procurement Plan in EAS by the Contracting Office sometime in September 2024. To help determine the universe of potential vendors for this solicitation, the Contracting Office provided the Program with a list of potential vendors with an NAICS code applicable to the PWS of the planned solicitation. After vetting each of these vendors, the Program disqualified a large portion of them. The vendors were disqualified for several reasons including inability to meet the 24/7/365 response times, inability to perform the entire list of potential tasks in the PWS, or insufficient staffing and resources to meet the contract needs.

On December 19, 2024, Region 2 hosted a virtual Industry Day as part of the sources sought process to advertise the upcoming solicitation to potentially interested vendors. EPA presented an outline of the Solicitation requirements, displayed some images of work conducted by the Removal Program and presented information about the schedule of the planned award. The meeting was attended by over 20 different vendors who asked a variety of questions about the Solicitation which were answered by the Contracts Office and the Program. At that time, the Solicitation was planned to be issued in February 2025 with an estimated award date of June 30, 2025.

Beginning in January 2025, EPA experienced a significant loss of personnel which seriously compromised every facet of regional operations. Ensuing staff reductions from the deferred resignation plan, furloughs, retirements and shifting Agency priorities seriously impeded the progress made toward issuing the Solicitation in February 2025, as originally planned. To address the staffing shortages and ensure the Program could continue to perform mission critical functions, the Region decided to implement the 6-month option period on the existing ERRS contracts. The ERRS contracts were verbally notified of the planned 6-month extension in June 2025 and the actual Contract modification for the extension was issued on July 1, 2025.

Following the 6-month ERRS extension award, the Region 2 Contracting Office key personnel, the Regional Acquisition Manager and the CO working on the new ERRS Solicitation unexpectedly took OPM's Deferred Resignation Program (DRP) and separated from the EPA.

Region 2 sought assistance with managing increased contracting workload and in October 2025, Region 3 graciously agreed to assume the lead for this action. The transition from the R2 CO to the R3 CO identified multiple tasks which were still outstanding prior to issuing the Solicitation.

To ensure the Solicitation meets the updated FAR requirements and to provide the new CO with ample time to review the existing documentation, a new schedule was developed. The new ERRS Solicitation is currently planned to be issued in Spring 2026, with target award date of December 2026.

The new Solicitation and anticipated award date are beyond the expiration date of the current ERRS contracts of January 26, 2026. To ensure the Program can perform new mission critical work beginning on January 27, 2026, and be able to continue performing mission critical work on the 27 existing Task Orders with current ERRS contractors, an exemption from requirements for full and open competition is necessary. The existing ERRS contractors are the only responsible source for the needed services and meet the agency requirements for this exception.

(ii) Cost

• The table below shows the current contract ceiling for each contract and to date the is each contract’s ceiling that has been utilized to date, and the remaining ceiling available for the current contracts which ends January 26, 2026.

• Also shown in the table below is each contract’s ceiling that has been utilized to date, and the available ceiling remaining that can be utilized for the remainder of each of the current contracts which ends January 26, 2026.

Contract Five Year

Contract Ceiling

Amount Obligated

Capacity Available

Amount Paid Amount Unpaid

68HE0220D0001 $137,009,434.50

68HE0220D0002 $130,542,391.71

68HE0220D0003 $129,987,681.74

$397,539,507.95

The Government anticipates that only in capacity will be needed during the bridge extension. Hence, the Government is requesting an extension of 12 months and utilize existing unused capacity.

Estimate for Extension of Current & Anticipated Mission-Critical Support

ERRS Contract #

Duration

Period of

Performance

Base Extension (Existing Work)

Estimated Value

Base Extension

(Anticipated New Work) Estimated

Value

68HE0220D0001

months

January 27, 2026 to January 26, 68HE0220D0002

January 27, 2026 to

68HE0220D0003

January 27, 2026 to

(iii) Period of Performance

• Existing contract period of performance expiration date: January 26, 2026

• Anticipated bridge extension period of performance: 12 months from January

27, 2026, to January 26, 2027

• Previous approved bridge extension periods of performance: Not applicable

(iv) Follow-on

The agency is in the process of placing a new competitive multiple-award contract vehicle, which is currently anticipated to be awarded before December 31, 2026, in accordance with the milestone schedule in the EPA’s Acquisition System Advanced Procurement Plan (EAS

APP).

All three of the ERRS contract have a base and four option years from 7/27/2020 – 7/26/2025. When it was determined the follow-on ERRS contracts would not be awarded in time, the "Option To Extend Services" was exercised in accordance with Exercise FAR 52.217-8 which extended the period of performance for six months from July 27, 2025, through January 26, 2026.

(v) Previous Bridge JOFOC

Not applicable. No previous bridge extensions have been requested or executed under any of the existing three ERRS contracts.

10. In accordance with FAR 6.104-1(a) (10) (DEVIATION), A listing of any sources that expressed a written interest in the acquisition.

Once this Justification for Other than Full and Open Competition is approved by the Senior Procurement Executive (SPE), it will be published in accordance with FAR 5.101 (DEVIATION) and FAR 6.301 (DEVIATION). A supplemental listing of interested sources will be added to the file for future reference.

In accordance with FAR 10.001 (DEVIATION) Market Research was conducted.

An EPA Region 1 and Region 2 ERRS Virtual Industry Event was held on December 19, 2024. 61 companies registered and 54 attended. Only two companies provided responses to the Industry Day RFI 28321325R0009. Capability statements were provided by and .

Previously, a Sources Sought was published on 10/17/2024.

The following companies either responded to the initial Sources Sought or have inquired with respect to this procurement:

11. In accordance with FAR 6.104-1(a) (11) (DEVIATION), A statement of any actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

Any future request for these services will be conducted through competitive procedures.

The re-competition of the emergency and rapid response services requirement that is currently underway will be competed under open market (unrestricted) procedures considering small business capabilities. Anticipated new competed award is December 2026.

12. In accordance with FAR 6.104-1(a) (12) (DEVIATION), Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I hereby certify that this justification is accurate and complete to the best of my knowledge belief.

Print Name Signature Date

13. In accordance with FAR 6.104 (b)(DEVIATION), contracting officers require the support of the broader acquisition team when making decisions regarding competition.

Technical and requirements personnel are responsible for providing, and certifying as accurate and complete, necessary data to support their recommendation for other than full and open competition.

The undersigned hereby certifies that all supporting data is the responsibility of technical or requirements personnel (e.g. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for this justification is complete and accurate.

Print Name Signature Date

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(BRIDGE EXTENSION)

In accordance with the Authority of FAR 6.103-21

Region 2 Emergency and Rapid Response Services (ERRS) Contract Nos. 68HE0220D0001, 68HE0220D0002 & 68HE0220D0003

REVIEW: Regional Acquisition Manager (RAM).

I reviewed this justification and recommend approval.

CONCUR:

Agency Advocate for Competition

APPROVED:

STEFAN

MARTIYAN

Stefan Martiyan

Digitally signed by STEFAN

MARTIYAN

Date: 2026.01.25 15:05:10 -05'00'

Director, Office of the Chief Procurement Officer (OCPO) Head of Contracting Activity and Senior Procurement Executive

Identification Number (purchase request/solicitation number): PR-R2-25-00011
2. In accordance with FAR 6.104-1(a)(2) (DEVIATION), the nature and/or description of the action being approved (i.e., sole source, limited competition, establishment of a new source, etc.).
Contractor: Environmental Restoration, LLC
Contractor: Guardian Environmental Services
Contractor: Kemron Environmental Services
3. In accordance with FAR 6.104-1(a)(3) (DEVIATION), a description of the supplies or services required to meet the agency’s needs (including the estimated value).
Estimated Value Summary.
4. In accordance with FAR 6.104-1(a) (4) (DEVIATION), An identification of the statutory authority permitting other than full and open competition.
5. In accordance with FAR 6.104-1(a) (5) (DEVIATION), A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
6. In accordance with 6.104-1(a) (6) (DEVIATION), a description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a SAM.gov announcement was made and what response, if any, was rec...
7. In accordance with 6.104-1(a) (7) (DEVIATION), A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.
8. In accordance with FAR 6.104-1(a) (8), A description of the market research conducted (see part 10), and the results or a statement of the reason market research was not conducted.
9. In accordance with FAR 6.104-1(a) (9) (DEVIATION), Any other facts supporting the use of other than full and open competition.
10. In accordance with FAR 6.104-1(a) (10) (DEVIATION), A listing of any sources that expressed a written interest in the acquisition.
11. In accordance with FAR 6.104-1(a) (11) (DEVIATION), A statement of any actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.
12. In accordance with FAR 6.104-1(a) (12) (DEVIATION), Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.
13. In accordance with FAR 6.104 (b)(DEVIATION), contracting officers require the support of the broader acquisition team when making decisions regarding competition. Technical and requirements personnel are responsible for providing, and certifying a...
CONCUR:
Celia Vaughn
APPROVED:
Stefan Martiyan

File details come from the government source that posted it. Updated .