Bridge JOFOC_R2ERRS_EPS21502_FBO_1.pdf

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2

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Justification for Other-than Full and Open Competition (JOFOC)

1). Identification of the Agency and the Contracting activity

Contracting Officer: Anthony Tao

Address: US Environmental Protection Agency (EPA) Region 2 290 Broadway New York NY 10007-1866

Telephone No.: (212) 637-3372

Email: Tao.Anothony@epa.gov

Program Office: EPA Superfund Emergency Management Division (SEMD)

Program Officer: Joseph D. Rotola

Project Identification: Region 2 Emergency Rapid Response Services (ERRS) Contract.

2.) Nature and/or description of the action being approved.

This is a request for the approval of a six-month contract extension in order to continue the ongoing Emergency and Rapid Response Services (ERRS) contract under Region 2 contract number EP-S2-15-02 until a successor of contract is awarded within the requested period of contract extension. This request is pursuant to contract clause I-5 FAR 52.217-8 entitled, “OPTION TO EXTEND SERVICES (NOV 1999)” in order to allow for additional time to finalize source selection, conduct contract negotiations with offerors and preparation for contracts award under EPA Region 2 solicitation no. 68HE0219R0002.

The purpose of this document is to justify the need to allow the incumbent contractor, Environmental Restoration, Inc. (ER) to continue to provide emergency and rapid response services (ERRS) for time-critical removals and rapid response actions for the United States Environmental Protection Agency (EPA) Region 2. EPA Region 2 is comprised of a geographic area including the states of New York and New Jersey and the U.S. Territories of Puerto Rico and the Virgin Islands.

3.) Description of the supplies or services required to meet the agency’s needs (including the estimated value).

The incumbent contractor will furnish all labor, equipment and materials under a Time and Material, Indefinite Delivery/Indefinite Quantity (ID/IQ) contract to provide fast, responsive environmental cleanup services for releases or potential releases of hazardous substances/wastes/pollutants and contaminants and petroleum products/oil for the EPA Region 2. Environmental cleanup in response to natural and manmade disasters, terrorist activities, weapons of mass destruction, and chemical, biological, mailto:Tao.Anothony@epa.gov

2 | P a g e radiological, and nuclear incidents may also be required under this contract. A regional cross-over may be requested under this contract, and in rare circumstances international responses may be required.

These services will be conducted under the authority of Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 or Superfund, 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; and Subtitle I of the Resource Conservation and Recovery Act (RCRA); and pursuant to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR Part 300); Presidential Decision Document (PDD) # 39; the Robert T.

Stafford Natural Disaster Act; the Homeland Security Act of 2002; Homeland Security Presidential Directive 5 (HSPD-5) and the Federal Response Plan (FRP); and in accordance with any reauthorizations or amendments to any of the above named statutes, as well as new response legislation, the EPA has been delegated the responsibility to undertake response actions with respect to the release or threat of release of oil, petroleum products, hazardous substances, or pollutants and contaminants, that pose an actual or potential threat to human health or welfare, or to the environment. The EPA is responsible for conducting evaluations and cleanups of uncontrolled hazardous substance disposal sites.

Period of Performance: Base Year 1 5/13/2015 – 5/12/2016 Base Year 2 5/13/2016 – 5/12/2017 Award Term 1 (Year 3) 5/13/2017 – 5/12/2018 Award Term 1 (Year 4) 5/13/2018 – 5/12/2019 Award Term 2 (Year 5) 5/13/2019 – 5/12/2020

Contract Value: Base Year 1 $20,828,756.00 Base Year 2 $21,170,618.00 Award Term 1 (Year 3) $21,494,584.00 Award Term 1 (Year 4) $21,957,448.00 Award Term 2 (Year 5) $22,323,937.00

Proposed Source: Environmental Restoration, LLC.

1666 Fabrick Drive Fenton, MO 63023-2926

Proposed Increased Amount: $0.00

Period of Performance to be extended: May 13, 2020 to November 12, 2020

4.) Identification of the statutory authority permitting other than full and open competition.

The following statutory authority permitting other than full and open competition for this requirement is 41 U.S.C. 253(c)(2); FAR 6.302-2 – Unusual and Compelling Urgency.

Authority: [Check appropriate exception.] [] Only One Responsible Source Authority: 41 U.S.C. 253 (c) (1) and 10 U.S.C. 2304(c) FAR Cite: FAR 6.302-1

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[X] Unusual and Compelling Urgency Authority: 41 U.S.C. 253 (c) (2) FAR Cite: FAR 6.302-2

[ ] Industrial Mobilization Authority: 41 U.S.C. 253 (c) (3) FAR Cite: FAR6.302-3

[ ] International Agreement Authority: 41 U.S.C. 253 (c) (4) FAR Cite: FAR 6.302-4

[ 1 Authorized or Required by Statute Authority: 41 U.S.C. 253 (c) (5) FAR Cite: FAR 6.302-5

[ ] National Security Authority: 41 U.S.C. 253 (c) (6) FAR Cite: FAR 6.302-6

[ ] Public Interest Authority: 41 U.S.C. 253 (c) (7) FAR Cite: FAR 6.302-7

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

The Performance Work Statement (PWS) under this contract requires a high level of technical competency, combined with the flexibility to staff various labor categories to work simultaneously in different geographic locations. In addition, the contractor must be able to rapidly expand their work force without loss of any technical or administrative consistency. EPA’s program requirement demands experienced and trained personnel with current credentials/certifications in sufficient number to fulfill emergency responses within the region, cross regional responses, national responses and trans-boundary international responses. In the case of emergency response actions in New York or New Jersey, the contractor is required to assemble and mobilize a response team on-site within 6 hours of receiving an emergency response notification. All required emergency response personnel and equipment must arrive on-site within 12 hours of receipt of the emergency response notification. The products and services provided must be in conformance with the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR300); Section 311 of the Clean Water Act, as amended by the Oil Pollution Act of 1990; Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986; other Applicable Relevant and Appropriate Requirements (ARARs); and federal, state and local statutes and regulations.

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Environmental Restoration, LLC. is a Small Business Enterprise under contract EP-S2-15-02. ER has a proven record of success in the performance of the ERRS contracts and currently has multiple active ERRS contracts with EPA in Region 1, 3, 4, 5, 6, 7 & 8. A brief summary of the contract Performance Work Statement for technical analysis and support services provided under this contract includes:

containment and other countermeasures during emergency and removal responses;

decontamination and response mitigation;

treatment facilities and transportation and disposal operations;

site restoration;

analytical services;

demolition services;

construction, and support facilities in support of removal actions;

marine (Water) operations;

international (Transboundary) response; and rapid response with “Level A” response capabilities, and full integration into Unified Command

(Incident Command System) in the event of a national emergency.

Environmental Restoration is one of the two ERRS contractors under the current ERRS multiple award contracts; the other ERRS contractor is Guardian Environmental Services, Inc. (GES) under contract no.

EP-S2-15-01 with its contract period of performance ending on April 28, 2020. Guardian Environmental Services is located at 70 Albe Drive, Newark, DE 19702-1322. With the two ERRS contracts ending within a month of each other, it is not a viable option to obtain contract coverage from Guardian Environmental Services, Inc.

A new provider that meets the qualifications brought in under a new contract or a regional cross-over task order will still require an inordinate amount of time to integrate and acquire site knowledge with all aspects of ongoing field activities. Any attempt to integrate a new provider would require the coordination of a multitude of logistical and administrative tasks such as reestablishing site support services, award of new subcontracts and providing skilled laborers and professional staff for over 20 active task orders. A sudden disruption or lapse in service will represent a substantial harm to the Government in that our ability to mitigate endangerment to public health and environment, as well as responding to major disasters or a national emergency will be severely limited. The urgent and compelling need to mitigate significant threats on health and environment includes the following ongoing response actions:

Puerto Rico Earthquake Response (TO 20F0020): Initiated in January 2020 following a series of earthquakes in Puerto Rico, ER was tasked with evaluating and repairing the damage to multiple potable water supplies, which service over 30 different communities and an estimated 50,000 residents. The work is crucial to ensure residents have a safe, sustainable, potable water supply.

Puerto Rico Battery RV3 (TO 19F0044): Task Order was issued in July 2019 and involves the demolition of 10 large and dilapidated structures. The facility buildings are highly contaminated with lead dust. The lead contamination is being released in the air during the day and via surface water runoff during any precipitation event. ER is tasked to control surface water runoff while the demolition occurs and to provide air monitoring to surrounding community to ensure safety to both agricultural and residential properties.

Facet Enterprises (TO 012): Initiated in August 2015, this task order involves mitigating the indoor air contamination of multiple dwellings and commercial properties. Indoor air contamination at several of these properties are more than 3 times the acceptable levels for breathing air. Indoor air mitigation systems are being installed, tested and modified to ensure that

5 | P a g e occupants are not being exposed to indoor air contaminated with hazardous substances. Additional homes are being identified as further testing is ongoing.

Tonawanda Coke (TO 19F0004): Issued in October 2018, this task order involves stabilizing a coke manufacturing facility which was abandoned in place by its operators. ER has been instrumental in assuming the operation of the facility and systematically phasing out plant operations, minimizing the release of hazardous liquids, solids and gasses. The manufacturing plant borders the Niagara River and there are residential properties nearby. The Site posed a tremendous fire and explosion threat which could have resulted in a major release of hazardous substances and negatively impacted first responders, the surrounding community and the environment.

The ERRS contract is the Region’s sole means of responding to natural and man-made disasters and that without its continued performance, the Government would be seriously injured in its ability to protect our public health and environment. A few clear examples of its significance in responding to catastrophic events includes: the 9/11 terrorists attacks on World Trade Center; Anthrax attacks in New York;

Hurricane Irene; Hurricane Sandy; Hurricanes Irma and Maria; and the recent Puerto Rico Earthquake response. If the current ERRS contract is allowed to lapse, the Region will not be able to continue its ongoing response efforts without significant delays and more significantly, will be unable to support the federal, state and local government in responding to natural disasters and national emergencies.

6.) 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 Subpart 5.2 and, if not, which exception under 5.202 applies.

A follow-on procurement is in its source selection phase. Solicitation number 68HE0219R0002 was posted on FedConnect on January 19, 2020 as a total small business set-aside.

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

The six-month extension requires continued performance of services by the incumbent contractor within the limits and at the rates specified in the contract. These rates are determined to be fair and reasonable based upon price competition prior to award of the contract and may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.

8.) Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

For the follow-on procurement, initial market research was conducted by posting of a procurement opportunity on EPA’s procurement forecast database. Additional market research was also conducted from information gleamed from the FPDS-NG vendor database using the NAICS code 562910 and review of prior procurement history.

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

3/26/20HOPE FREEMAN

Digitally signed by HOPE

FREEMAN

Date: 2020.03.26 05:59:13 -04'00'