JOFOC OEM Bridge 68HERH23D0012.013.014_SPESIgned.pdf

This document is being prepared pursuant to the content requirements prescribed in Federal Acquisition Regulation (FAR) Subpart FAR 6.303-2(b) and Environmental Protection Agency Acquisition Guide (EPAAG) Subsection 6.3.1 –Bridge Justification for Other Than Full and Open Competition (January 2018).

1. FAR 6.303-2(b)(1), Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition":

Agency: Environmental Protection Agency Contracting Activity: Office of Mission Support (OMS)

Office of Acquisition Solutions (OAS) Headquarters Acquisition Division (HQAD)

Program Office: Office of Land and Emergency Management (OLEM)

Office of Emergency Management (OEM) Program POC: Aretha Brockett, OLEM/OEM

Project Identification: Office of Emergency Management (OEM) Regulation, Evaluation

& Technical Support Proposed Source(s): All three (3) current multiple-award contract holders:

68HERH23D0012 ABT Associates Inc. (ABT) 68HERH23D0013 Booz Allen Hamilton, Inc. (BAH) 68HERH23D0014 General Dynamics Information Technology, Inc. (GDIT)

2. FAR 6.303-2(b)(2), Nature and/or description of the action being approved:

OLEM/OEM is requesting to issue a sole source bridge extension and commensurate ceiling increase to each of the existing multiple-award indefinite-delivery/indefinite quantity (IDIQ) contracts (68HERH23D0012, 68HERH23D0013, and 68HERH23D0014) to continue the mission-critical services for OEM Regulation, Evaluation & Technical Support beyond their current expiration date of March 31, 2024. The extension is requested for a maximum of six (6) months through September 30, 2024 to allow technical, regulatory, analytical and administrative support to OEM (with a variety of activities and deliverables critical to the mission of the OEM programs) to continue as the Agency completes the competitive follow-on Office of Land and Emergency Management (OLEM) consolidated mission support recompete that will result in multiple awards and is projected to be awarded in FY 2024, with competitive order solicitations thereunder to immediately follow. The requested extension also accounts for the time needed to establish the competitive issued orders under the new vehicle.

3. FAR 6.303-2(b)(3), A description of the supplies or services required to meet the agency’s needs (including the estimated value):

(i) Required Services to Meet the Agency’s Needs

The current contracts provide for the planning, management, and oversight mission support activities within the Office of Land and Emergency Management’s (OLEMs) Office of Emergency Management (OEM). Contract services are being performed in the following areas:

technical, regulatory, analytical, and administrative support to OEM with a variety of activities and deliverables critical to the mission of the Office of Emergency Management mission and programs. The tasks areas supported via these contracts include technical research and analytical support, program evaluation support, communications and outreach support, web communications support, data analysis and survey support, guidance support, training support and technical assistance, program planning and reporting, facilitation, meeting and conference support, and program implementation support.

The Contracting Officer has determined that the only way to ensure the critical services under the contract continue uninterrupted is to obtain support for these services through the current contractors, ABT, BAH and GDIT. Over the life of the current contracts these contractors have developed a strong knowledge base, unique skillsets, and acquired expertise relative to the program and processes that are critical to carrying out tasks efficiently and effectively. These task orders were competed using the fair opportunity process and each contractor is distinctively positioned to support their existing task order(s). The experience and familiarity with existing projects enable ABT, BAH and GDIT to seamlessly support these requirements without having a need to ramp-up and expend the time and costs associated recompeting task orders for existing projects, training and developing personnel to support these projects. Task orders are already in place under all three (3) OEM mission support contracts that provide mission- critical support on a national scale relative to the following areas: Emergency Operations Center (EOC) support during the height of the current hurricane season, support for regulatory development activities associated with the Risk Management Plan (RMP) rule changes that are working through EPA’s senior leadership and Office of Management and Budget (OMB), efforts related to the assessment and impact analyses of OEM programs on communities with environmental justice concerns, services in support of regulatory development and implementation of the National Contingency Plan Subpart J, support for the National Response Team and Regional Response Team in the execution of their mission critical activities across the EPA regions. There are presently no other contractors capable of stepping in to support the immediate needs of these existing projects without causing detrimental delays to the program’s mission. A complete list of the task orders that are currently active under each OEM mission support contract and being extended under the requested bridge JOFOC period of performance, is detailed in the table below:

68HERH23D0012

Task Order No. Task Order Title 68HERH23F0303 Support For OEM/RMD: Evaluations and Measures

68HERH23F0306 Specifications and Systems for Environmental Data Collection and Environmental Technology Programs

68HERH23F0312 Contingency Planning and Preparedness Activities Support for The Preparedness and Response Operations (PROD)

68HERH23F0313 Clean Water Act Hazardous Substances Regulatory Activities

68HERH23F0316 National Contingency Plan - Subpart J Regulatory Development and Implementation

Support

68HERH23D0013

68HERH23F0298 Response Support Corps 68HERH24F0004 Emergency Planning and Community Right-to-Know Act (EPCRA), Oil Spills Prevention and

Preparedness Regulations, and Risk Management Plan (RMP) Information Center Support

68HERH23D0014

68HERH23F0300 EPA Response Support Corps

68HERH23F0317 Training And Exercise Planning Workgroup Support 68HERH23F0318 Support To EPA’s Local Government Reimbursement Programs

68HERH23F0319 Oil Program General Technical Support

68HERH23F0320 Support for RMP, CERCLA and EPCRA Regulations

68HERH23F0321 EOC Operations and Coordination

68HERH23F0323 Web Communications Support for The Office of Emergency Management Resource Management Division

68HERH23F0324 Support for the National Response Team/ Regional Response Teams 68HERH23F0325 NIMS Integration Team Support

68HERH23F0326 Management and Support for the NCP Product Schedule Subpart J

68HERH23F0327 Facilitation, Leadership Development, and Office-Wide Retreat Support

(ii) Estimated Value

The estimated value of the requested extension for each of the three (3) current IDIQ contracts (68HERH23D0012, 68HERH23D0013, and 68HERH23D0014) is outlined below, inclusive of and delineated as follows:

ESTIMATE FOR 68HERH23D0012

Type Duration Period Estimate IDIQ Base Period of Performance Extension, covering existing Task Order performance through a maximum of March 31, 2025

6 months

April 1 – September 30, 2024

$443,826.21

Total Estimate for Bridge Contract for 68HERH23D0012 $443,826.21

ESTIMATE FOR 68HERH23D0013

IDIQ Base Period of Performance Extension, covering existing Task

$375,518.54

Total Estimate for Bridge Contract for 68HERH23D0013 $375,518.54

ESTIMATE FOR 68HERH23D0014

IDIQ Base Period of Performance Extension, covering existing Task

$1,447,190.43

Total Estimate for Bridge Contract for 68HERH23D0014 $1,447,190.43

The estimated amount for the requested bridge contracts is based upon the actual costs incurred during the last 12 months of performance under the existing task orders that were previously awarded competitively under the multiple-award IDIQ contracts.

4. FAR 6.303-2(b)(4), An identification of the statutory authority permitting other than full and open competition.

This Justification for Other Than Full and Open Competition (JOFOC) is being issued pursuant to the authority granted by 41 U.S.C.253(c) (1): Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.302-1.

In addition, extensions to existing task orders will be issued as logical follow-ons to the nineteen

(19) active task orders under the suite of OEM mission support contracts pursuant to FAR 16.505(b)(2)(i)(C) to continue current services through the bridge ordering period expiration.

The justification required per FAR 16.505(b)(2)(ii)(B) will be detailed in separate exception to fair opportunity justification for each task order. The bridge IDIQ contracts contain FAR 52.216-22 Indefinite Quantity (Oct 1995), which will allow existing task order performance to continue for up to 180 days beyond the IDIQ contract ordering period expiration date.

5. FAR 6.303-2(b)(5), A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The nature of the circumstances required to support the rationale for using the authority as cited under the previous section, “Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by paragraph 6.302-1 of the Federal Acquisition Regulations (FAR)”, is detailed below.

The requested bridge IDIQ contract vehicles are intended for ABT, BAH, and GDIT to provide a continuation of the same scope of work at the current level of support that these contractors currently perform, and the program will continue to require after the current task orders expire on March 31, 2024, and until the follow-on task orders are competitively awarded under the multiple-award OLEM Large Consolidated Mission Support recompete.

While there are other firms in the market who provide similar support services, the introduction of a new company who is unfamiliar with the existing projects supported under these contracts to provide services during this brief temporary solution would be detrimental to the Agency’s critical existing and future efforts in the following areas: technical research and analytical support; program evaluation support; communications and outreach support; web communications support; data analysis and survey support; guidance support; training support and technical assistance for federal and nonfederal organizations and individuals; program planning and reporting; legislative and regulatory support; facilitation, meeting, and conference support; and program implementation support. A lapse in these critical services would result in the Agency being unable to meet its mission and result in endangerment to the public’s health, welfare, and environment.

Because this requirement is supported via a multiple award arrangement, all three (3) contractors compete for all work ordered in accordance with FAR Part 16.505(b)(l) "Fair Opportunity".

Therefore, in addition to being determined the best value to the Government at time of award, the existing contractors continue to provide the best value at the task order-level. The contractors have all refined the requisite skill sets and competitive pricing strategies to win task orders awarded under the multiple award vehicles. Throughout the life of these contracts, the contractors have also developed in-depth knowledge, experience, and possess the expertise that enables them to provide excellent support to OEM and the regions these contracts are used to support.

Bringing in a new contractor at this point, when OLEM’s Consolidated Mission Support multiple-award vehicles are anticipated to be awarded in FY 2024, would require a full review and evaluation of a new firm’s capabilities to ensure the same level of service delivery and mission critical support capabilities. The time needed to issue a new competitively awarded vehicle is not available and would result in a lapse in service of OEM’s task orders and delay the award of the follow-on and new in-scope task orders for no less than six (6) months. The services provided under these contracts, and the existing task orders, are not presently available on any other active EPA vehicle. Therefore, at this time, extending the period of performance of the current contracts and task orders to ensure services remain in place to support OEM’s mission is the only viable option to obtain the critical mission support services that are needed until OLEM’s new competitive consolidated multiple award vehicles are awarded and orders are competitive issued to replace the requirements currently supported under these contracts. It is not feasible to attempt awarding an interim contract solution this close to expiration of the existing task orders. This approach would likely result in duplicative costs on the Government and contractors part that would not be recovered through any savings that might be attained through competition. Due to this requirement not having duplicate services under numerous contracts, there is currently only one source to obtain the specific knowledge and experience necessary to ensure no adverse impact to the sustained levels of existing support currently provided under these contracts.

The Contracting Officer has determined that the current contractors, ABT, BAH and GDIT, are more than capable and qualified to maintain support of the projects in progress under the existing OEM mission support contracts. OEM is responsible for coordinating technical support with the United States Cost Guard, Federal Emergency Management Agency and other government agencies and provides mission-critical rapid technical support on a national level throughout the EPA regions during emergency incidents, preparedness and COOP exercises, and other response activities. A lapse in critical contract support services provided through these contracts would inhibit the Agency’s ability respond and support emergency response activities performed in support of Agency’s mission.

6. FAR 6.303-2(b)(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 subpart 5.2 and, if not, which exception under 5.202 applies.

Since this justification is for a bridge IDIQ contract solution to the existing suite of multiple-award IDIQ contracts (68HERH23D0012, 68HERH23D0013, and 68HERH23D0014), offers will not be solicited from any additional sources beyond ABT, BAH, and GDIT, neither for the continuation of existing services and support currently provided under task orders that were competitively awarded under 68HERH23D0012, 68HERH23D0013, and 68HERH23D0014 and will be awarded as logical follow-ons on a sole source basis to the current contractor pursuant the authority in FAR 16.505(b)(2)(i)(C), nor any new task orders to be issued competitively under the IDIQ contracts in accordance with FAR 16.505(b)(1).

As required by FAR 5.201(b) and in accordance with FAR 5.203(a), a combined notice (covering 68HERH23D0012, 68HERH23D0013, and 68HERH23D0014) of the proposed contract actions requested herein were posted on January 17, 2024 at the Government Point of Entry (GPE) (https://www.SAM.gov) and on FedConnect (https://www.fedconnect.net). A copy of the notice is attached hereto. The notice closed on February 1, 2024. No responses were received in response to the notice.

In accordance with FAR 6.305, within 14 days after issuing the bridge IDIQ contract extension, this justification will be published (i.e., made publicly available) in accordance with FAR 5.301.

The justification will be posted at the Government Point of Entry (GPE) (https://www.Sam.gov) and on FedConnect (https://www.fedconnect.net), which will provide access to the justification by linking to the GPE, for a minimum of 30 days.

For the task order extensions, in accordance with FAR 16.505(b)(2)(ii)(D), within 14 days after issuing the logical follow-on task order extensions for the existing support, a notice of the exception to fair opportunity will be published in accordance with FAR 5.301 and the justification will be posted at the Government Point of Entry (GPE) (https://www.sam.gov) and on FedConnect (https://www.fedconnect.net), which will provide access to the justification by linking to the GPE, for a minimum of 30 days. Any responses received to the notice or justification will be recorded and retained as a listing of interested and/or prospective sources to be included in EPA’s market research for the multiple-award OLEM Large Consolidated Mission Support recompete.

7. FAR 6.303-2(b)(7), A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The existing support services are currently being performed by ABT, BAH and GDIT under EPA contract numbers 68HERH23D0012, 68HERH23D0013 and 68HERH23D0014, respectively, which were competitively awarded in accordance with the policies and procedures governing competitive acquisitions under FAR Part 15, Contracting by Negotiation, on February 1, 2017. At the time of contract award, the labor rates, escalation factor, profit/fee, indirect rates, and total anticipated cost to the Government under the current OLEM Regulation, Evaluation and Technical Support contract were determined to be fair and reasonable as they were proposed under a competitive environment and based upon price analysis.

https://www.fedconnect.net/

The government estimated amounts for the each of the requested bridge contracts are based upon actual experienced costs incurred during the last 12 months of performance under the existing task orders that were previously competitively awarded under the multiple-award IDIQ contracts. Those amounts are consistent with previously approved historical pricing paid for the same or similar services as documented in more than five (5) years of expenditures under the contracts, escalated appropriately and reasonably over the elapsed time.

The Contracting Officer, in collaboration with the cognizant technical personnel, will ensure that the magnitude of effort and proposed cost for each of the of requested extensions be fair and reasonable, based on analysis and comparison with available historical data on actual costs under the previously competitively awarded contracts. However, given that these contracts were originally competed and awarded over six years ago wherein the proposed/awarded costs were based on labor and indirect rates current at that time likely to have now changed, the new bridge contracts must be based on current pricing information.

Consequently, for the proposed non-competitive bridge contracts, the contractor’s proposal will be evaluated in accordance with FAR 15.404 price analysis requirements and procedures including the use of cost analysis techniques, as necessary, for use of updated rates and factors, and to evaluate data other than certified cost or pricing data to determine cost reasonableness or cost realism. The EPA contracting office will also perform other means of rate verification using information obtained through agency internal sources, such as the Financial Analysis and Oversight Branch (FAOB) within EPA, and external sources such as the Defense Contract Management Agency (DCMA) or the Defense Contract Audit Agency (DCAA). Nevertheless, the anticipated labor rates for the extensions are expected to be in line with the rates the Government has historically paid the contractor over the life of the contract, escalated appropriately and reasonably for currency. It is further noted that new task order awards will be subject to competition. Adequate price competition is expected to result in reasonable pricing for task orders. The performance of price analysis in addition to cost analysis will assure overall price reasonableness. The use of the above techniques and resources will ensure that the CO can determine a fair and reasonable price for the anticipated performance period(s).

8. FAR 6.303-2(b)(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 conducted to determine if there were other existing EPA contract vehicles with sufficient scope and capacity to accommodate the services required beyond March 31, 2024. The results of the market research indicated that the services provided by ABT, BAH, and GDIT under 68HERH23D0012, 68HERH23D0013, and 68HERH23D0014, respectively, are not available on any other active EPA vehicle.

Market research was also conducted for the estimated amounts for the requested bridge extension period are based on historical expenditures under the multiple award contracts and respective task orders.

9. FAR 6.303-2(b)(9), Any other facts supporting the justification:

(i) Rationale

The Agency is in the process of recompeting the multiple-award OLEM Large Consolidated Mission Support requirement, which is currently anticipated to be awarded in FY 2024. The new vehicles will allow for orders to be competed amongst the multiple awardees. While the Task Order requirements are anticipated to be transitioned to the new vehicles, and competed thereunder, the vehicles will not be awarded and the competition of the follow-on task order requirements among the multiple awardees will not be finalized before the current task orders expire on March 31, 2024. This puts the work under the task orders in critical jeopardy of a performance lapse until the follow-on task orders can be competitively awarded. Therefore, the requested sole source bridge IDIQ extensions are necessary to ensure these mission support services continue while the Agency recompetes the multiple-award OLEM Large Consolidated Mission Support requirements and the competitive order recompetes thereunder. Without the mission-centric support services provided under the existing contracts and task orders, OEM would be rendered unable to meet its responsibility to provide technical and regulatory support to the Agency’s senior leadership, the national response team, and regional response team to support the continuity and emergency preparedness activities that are critical to OLEM’s mission.

This aspect of the national Superfund program cannot afford a disruption in services under any of these contracts due to the numerous commitments to Headquarters and regional stakeholders, harmful impacts to communities, and the foreseeable threats during the peak of the hurricane season.

Based on the authorities cited in the preceding sections and the information supplied by the program office, no other contractor currently possesses the level of technical knowledge, skill, and proficiency to adequately continue support for existing projects under the OEM mission support contracts. ABT, BAH and GDIT are the only contractors capable of performing the required tasks in a seamless, timely, efficient, and cost-effective manner.

The services provided by ABT, BAH, and GDIT under 68HERH23D0012, 68HERH23D0013, and 68HERH23D0014 are not available on any other active EPA vehicle. At this time, using a sole source bridge extension to each of the three (3) contractors is the only option to obtain contractor support for the Agency to be adequately prepared for, and able to respond to, nationally significant incidents that must continue in support of OEM’s mission without disruption until the follow-on orders are competitively issued. ABT, BAH, and GDIT are currently in a unique position to be able to continue to provide uninterrupted support, including presenting logical experienced approaches that result in high-quality services to effectively support OEM’s mission. This expertise enables these contractors to provide seamless OEM mission support services without having a need to ramp-up and expend the time and costs associated with training and developing personnel, which would be the case with a different contractor. Because of the specific knowledge and performance required for the execution of the programs within the current task orders, the learning curve would be substantial and impractical for a new contractor within the less than two (2) months remaining in the current task orders’ periods of performance.

Awarding a new short-term contract vehicle to different contractors this close to the current task orders expiring and while the competitive follow-on is underway would result in duplicative costs that would not be recovered through any savings that might be netted through competition. Bringing in a new firm in at this point, when a new competitively issued vehicle is anticipated to be awarded this FY, would not only require a full review and evaluation of their processes, expertise, and credentials, but the acquisition process to place a new competitive contract vehicle for this requirement alone is no less than nine (9) months. The time needed to issue a new competitively awarded contract vehicle is not available with less than two (2) months remaining in the current task orders’ periods of performance and it would result in the Agency having no ability to provide adequate and timely OEM mission support for no less than six (6) months.

EPA intends to recompete the current task order performance work statements (PWS) in accordance with competitive procedures under the OLEM Large Consolidated Mission Support suite of multiple-award vehicles anticipated to be awarded in FY 2024. Even if the order awards resulting from the recompete was to be awarded now (i.e., before the current task orders expire), there is insufficient time remaining on the task orders to allow the Contractor to adequately transition all critical information (i.e., all records, data, in progress activities, and institutional knowledge) and activities to the successor contractor. Transitioning the critical information and activities is anticipated to take no less than three (3) months (90 days). During the transition period, the successor contractor would need time to ramp up activities under the new vehicle, which are also anticipated to take three (3) months. Therefore, this justification includes sufficient ceiling to cover ABT, BAH, and GDIT’s transition activities and sustained levels of current support until such time (three (3) months into performance under the new award) the successor contractor is able to adequately sustain them.

The need to execute future non-competitive bridge vehicles to support OEM’s mission support needs has been mitigated by the issuance and imminent award of the OLEM Mission Support Consolidated multiple award recompete. The period requested via this bridge JOFOC aligns with the projected award timeline for the consolidated multiple award recompete and the competitive task order recompete process thereunder.

(ii) Cost

(iii) Period of Performance

• Existing ordering period / period of performance expiration date for 68HERH23D0012, 68HERH23D0013, and 68HERH23D0014: March 31, 2024

• Existing task order period of performance expiration date: March 31, 2024 (for all active task orders under 68HERH23D0012, 68HERH23D0013, and 68HERH23D0014).

NOTE: The contracts contain FAR 52.216-22, which permits the task orders to be extended through September 27, 2024. However, there is insufficient ceiling remaining to cover task order performance beyond March 31, 2024.

• Requested IDIQ contracts period of performance extension: April 1 – September 30,

• Previous approved bridge IDIQ extensions: June 30, 2023 – March 31, 2023

(iv) Follow-on

As indicated in the attached milestone schedule, the Agency is in the process of recompeting the multiple-award OLEM Large Consolidated Mission Support requirement, which are currently anticipated to be awarded in FY 2024.

(v) Previous Bridge Justifications

A copy of the previously approved justification for other than full and open competition (JOFOC) executed for 68HERH23D0012, 68HERH23D0013, and 68HERH23D0014 is attached hereto.

10. FAR 6.303-2(b)(10), A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

The published notice closed on February 1, 2024. As stated in the notice, pursuant to FAR 5.207(c)(16)(ii), all responsible sources may submit a capability statement which shall be considered by the agency. Capability statements were required to be received within the time set forth in the published announcement to be considered by the Government. No responses were received in response to the notice.

11. FAR 6.303-2(b)(11), A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

Any new task order requirements that arise within the scope of the multiple-award bridge contracts during the extended bridge solution ordering period will be competed amongst the IDIQ contract holders (ABT, BAH, and GDIT) in accordance with FAR 16.505(b)(1).

Accordingly, EPA has considered and determined there are no outstanding barriers to competition to remove or overcome in order to execute the requested bridge extension of the current IDIQs, or in the issuance of a new competitively awarded follow-on contracts and/or task orders under the multiple-award OLEM Large Consolidated Mission Support recompete that is currently anticipated to be awarded in FY 2024.

12. FAR 6.303-2(b)(12), 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.

Tia Gatling 02/08/2024

Tia Gatling Date Contracting Officer

13. FAR 6.303-2(c), Evidence that any supporting data that 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 the justification have been certified as complete and accurate by the technical or requirements personnel:

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

APPROVAL. In accordance with FAR 6.304(a)(2) and EPAAG 1.6.1-A, Item 8b for actions within the thresholds set forth in FAR 6.304(a)(2):

TOMMIE

MADISON

Digitally signed by TOMMIE

MADISON

Date: 2024.02.09 15:14:17 -05'00'

Tommie Madison Date Agency’s Advocate for Competition (AAC) Office of Mission Support (OMS)

APPROVAL. Head of Contracting Activity (HCA) approval to waive the six (6) month limitation on bridge justifications in accordance with EPAAG 6.3.1.4:

Pamela D. Legare Date Director and Senior Procurement Executive