EP-G14H-00794_JOFOC_Redacted.docx

Limited-Sources Justification – Multiple Award Schedules

1. Identification of the agency and the contracting activity.

US Environmental Protection Agency (EPA), Headquarters Procurement Operations Division, Administrative Contract Service Center.

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

The action being approved is the award of a one-year task order to be a bridge task order due to an urgent and compelling need.

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

The EPA’s Safety, Health and Environmental Management Division (SHEMD) requires professional services intended to help it assure agency facilities, activities, operations, and projects are in full compliance with current safety, health and environmental laws, state and local regulations, agency guidance and directives and national consensus standards. The services will include administrative support, correspondence and report development, and consultation on policy, procedures and guidelines, development of surveys and questionnaires, training and outreach, and technical support on major lines of business, including implementation of SHEM programs and safety and health management systems. These services are paramount to ensuring EPA’s 16,000 employees and 10,000 onsite support staff have a safe, healthy and environmentally sound workplace nationwide to enable them to achieve the agency’s mission of protecting human health and the environment. The estimated value of this requirement is $ for the one-year period of performance.

4. An identification of the statutory authority and supporting rationale to provide the required supply or service.

The authority for this procurement is FAR 8.4 and the Multiple Award Schedule program and subsequently 8.405-6(a)(1)(i)(A): “An urgent and compelling need exists, and following procedures would result in unacceptable delays.” The rationale that supports this authority is:

On June 26, 2014, the agency awarded task order EP-G14H-00792 to the Eastern Research Group, Inc. (ERG). The task order was to provide services to support SHEMD in assuring that agency facilities, activities, operations, and projects are in full compliance with current safety, health and environmental laws, state and local regulations, agency guidance and directives and national consensus standards. Prior to the award of this task order, the work was being performed by two separate contractors—ERG and Booz Allen Hamilton (BAH)—under two separate task orders. The agency’s award decision was protested on July 11, 2014, before the Government Accountability Office (GAO). After reviewing the protest grounds and legal authority, the agency decided to take corrective action. The agency notified the GAO of its decision to take corrective action on July 24, 2014. The next day, the GAO found that the agency’s proposed corrective action was acceptable and dismissed the protest as being academic. Upon receiving notice of the protest dismissal, the agency sent a stop work order to ERG, notifying ERG that the newly awarded task order was to be cancelled.

Although the new task order will be cancelled effective at the close of business on August 1, 2014, the services provided under the task order cannot be stopped until corrective actions have been completed and a new task order is awarded. These essential services are necessary to assure that the EPA facilities remains up-to-date and compliant with all requirements and codes related to occupational safety and health, environmental codes and laws, and fire and life safety. The services available on this bridge order will expand and increase SHEMD’s overall capabilities and resources to ensure the agency’s 16,000 employees and 10,000 onsite support staff continue to have a safe, healthy and environmentally sound workplace at its 160 facilities across the country. Furthermore, SHEMD is currently short-staffed, which further exacerbates the situation. Any sustained lapse in the performance of this requirement would be extremely detrimental to SHEMD’s ability to meet its mission. For these reasons, the need for this bridge task order is urgent and compelling.

5. A determination by the contracting officer that the order represents the best value consistent with FAR 8.404(d).

The original task order this bridge follows was competed using full and open competition. The vendor was determined to be technically capable and provided the best value among several companies. The vendor has continued to perform satisfactorily or better. The vendor continues to have an active GSA contract, with prices already determined to be fair and reasonable. These prices will be used for the performance of this task order. As CO, I hereby determine the prices in this task order to be fair and reasonable. Thus, this urgent and compelling bridge represents the best value to the Government.

6. A description of the market research conducted among schedule holders and the results of a statement of the reason market research was not conducted.

Market research was not conducted as this task order is intended to be an emergency bridge to ensure there is a continuity in essential services.

7. Any other facts supporting the justification:

N/A

8. A statement of the actions, if any, the Agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services made.

There will not be another limited sources order placed for this requirement as the Agency intends to award the new requirement during the period of performance of this task order.

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

_Signed___________________________________ _________________ Ben Shih Date Contracting Officer

10. Evidence that any 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 limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

_Signed__________________________________ _________________ Leah Henry Date Project Officer

For Review:

Mi Suk Cox Date Service Center Manager

For Approval:

Susan Moroni Date Agency Advocate for Competition