Exception_to_Fair_Opportunity_EP-W-17-001_68HERH19F0419_APPROVED_03_30_2023_1.pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

in accordance with FAR 16.505(b)(2)(i)(C)

This document is being prepared pursuant to the content requirements prescribed in Federal Acquisition Regulation (FAR) Subpart 16.505(b)(2)(ii)(B).

1. FAR 16.505(b)(2)(ii)(B)(1), Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity:

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: Rob Fox, OLEM/OEM

Project Identification: OEM Regulation, Evaluation & Technical Support: Support for

OEM/RMD Programs, Evaluations and Measures Proposed Source(s): EP-W-17-001; ABT Associates Inc.

2. FAR 16.505(b)(2)(ii)(B)(2), Nature and/or description of the action being approved:

OLEM/OEM is requesting an extension and commensurate increase to the ceiling of EPA Contract No. EP-W-17-001, Task Order no. 68HERH19F0419, awarded September 26, 2019 under the active OEM Regulation, Evaluation & Technical Support indefinite-delivery/indefinite quantity (IDIQ) contract with ABT Associates Inc. (“ABT” or “Contractor”). The extension is requested for a maximum of 90 days, as permitted pursuant to FAR 52.216-22 Indefinite Quantity, paragraph (d), of the IDIQ contract through a maximum of June 29, 2023.

This extension is inclusive of a three (3) month Base extension to allow evaluative, technical, and analytical support for EPA’s Chemical Emergency Preparedness and Prevention (CEPP) Programs, Superfund Removal, and Spill Prevention, Control, and Countermeasure (SPCC) activities to continue in support of OEM’s mission as the Agency recompetes the follow-on Task Order requirement under a competitive solicitation. This justification also includes an Optional extension of not-to-exceed 3 months (90 days) and associated ceiling for transition to the successor contractor pursuant to FAR 52.237-3 Continuity of Services, upon finalization of the new task order award. If exercised, the extension pursuant to FAR 52.237-3 would be exercised no later than June 29, 2023 for a maximum potential extension period of 90 days through September 27, 2024.

3. FAR 16.505(b)(2)(ii)(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

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

1300 Pennsylvania Ave, NW

Washington, DC 20460

EP-W-17-001 / 68HERH19F0419 provides evaluative, technical, and analytical support for EPA’s Chemical Emergency Preparedness and Prevention (CEPP) Programs, Superfund Removal, and Spill Prevention, Control, and Countermeasure (SPCC) activities.

The Superfund Removal program conducts hundreds of removal actions at contaminated sites around the country and the SPCC/FRP programs conduct hundreds of inspections at oil facilities every year to every year to reduce risk to human health and the environment. These programs have a robust set of data for analysis, but they present challenges for analysis due to the wide variability in characteristics activities which are accomplished. The variability and scope of data present for OEM activities requires enhanced capabilities beyond staff capacities to conduct analyses, both for ad hoc projects and for planned reports on areas of particular concern. Beyond this challenge a variety of areas within the scope of OEM’s program work are of interest for long term analysis, including cleanups that have particular contaminants in common.

The Oil Spill program responds to oil spills that occur all over the country. This program has a relatively new database of oil spills responded to available for analysis, with the database having only been in existence for two years. This provides an opportunity to begin examination of this new information to better understand our work in this program. Projects and reports in this area will be of interest in the long term as this information source becomes more robust.

The Risk Management Planning (RMP) program tracks RMP facilities and accidents and inspections at them. EPA’s CEPP program utilizes the RMP database (including facility data and accidents information) that is maintained in the Central Data Exchange (CDX) database system online.

The scope of this Task Order is to provide evaluative, technical, and analytical support for EPA’s CEPP Programs, Superfund Removal, and SPCC activities via the following two (2) primary tasks:

Task 1: Program Analytical Support: Under this task, the contractor provides technical assistance and analytical support in: conducting activities that assess and/or evaluate programs of interest to OEM, including but not limited to the removal program, oil spill program, and CEPP;

and developing reports regarding individual contaminants or characteristics of removal program activities.

Task 2: In Depth Analysis (GIS and Mathematical/Statistical Techniques): Under this task, the contractor conducts statistical/mathematical analyses on data, including data with non-standard distributions, frequent outliers, and other oddities, and examines data of interest to the program with varying spatial analysis and mapping techniques, such as conducting population or environmental justice analyses in relation to removal completions, oil spills, or CEPP related activities). These analyses are utilized to understand the geographic distribution of program activities, where impacts of the program are experienced, and any unanticipated questions on program impacts or vulnerabilities that may be addressed by OEM programs.

(ii) Estimated Value

The estimated value of the extension is $35,889.76, inclusive of and delineated as follows:

ESTIMATE FOR EXTENSION OF CURRENT SERVICES

Type Duration Period Estimate Base Extension (of current services) 3 months April 1 – June 29, 2023 $17,944.88

Continuity of Services / Transition 3 months

Anticipated to be exercised on or before March 13, 2023, for a period not to extend beyond June 11, 2023 $17,944.88

Total Estimate for Bridge Extension $35,889.76

Reference Section 6, paragraph (ii) Cost, for additional details.

4. FAR 16.505(b)(2)(ii)(B)(4), Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value):

(i) Exception to Fair Opportunity

FAR 16.505(b)(2)(i)(C): A modification to extend Task Order 68HERH19F0419 under EP-W- 17-001 on a sole-source basis to ABT for a continuation of existing services is permitted under the authority of FAR 16.505(b)(2)(i)(C) in the interest of economy and efficiency because it is a logical follow-on to the Task Order already issued under the multiple-award IDIQ contracts in which all contract holders were given a fair opportunity to be considered for the original order.

(ii) Rationale

This logical follow-on is intended for ABT to provide a continuation of the same scope of work at the current level of support through the maximum period of performance extension through June 29, 2023. On May 18, 2019, in accordance with FAR 16.505(b)(1), the Contracting Officer provided all IDIQ contract holders – ABT Associates Inc., Booz Allen Hamilton Inc., and General Dynamics Information Technology, Inc. - a fair opportunity to be considered for this task order requirement as the Request for Task Order Proposal (RFTOP), 68HERH19F0419, was solicited to all three (3) IDIQ contractors on an unrestricted basis.

The services to be provided by ABT under the requested extension period are purely an extension of the services ABT currently performs and the program will continue to require after the Task Order’s current expiration date of March 31, 2023, and until the follow-on Task Order is competitively awarded under the multiple-award OLEM Large Consolidated Mission Support suite of IDIQ contracts.

The Agency is in the process of evaluating proposals to issue new multiple-award OLEM Large Consolidated Mission Support IDIQ contracts, which are currently anticipated to be awarded by April 30, 2023. The new IDIQ contracts will allow for task orders to be competed amongst the multiple IDIQ contract holders, with solicitations for follow-on task order recompetes planned to be issued as early as June 1, 2023. It is anticipated to take no less than 135 days to place the follow-on for each competitively awarded task order. Therefore, it is anticipated that task orders under the new IDIQ vehicle will not be awarded before October 2023. While the Task Order requirements are anticipated to be transitioned to the new IDIQ 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 Task Order expires on March 31, 2023. This puts the work under the Task Order in critical jeopardy of a performance lapse if the Task Order period of performance is not extended until the follow-on task order can be competitively awarded.

Should these mission support services lapse or be disrupted disruption in such services occur, OEM would be hindered in collecting and analyzing data on the effectiveness of the removal program, oil spill program, and CEPP. A lapse or disruption in the services would place the Agency at significant risk of failing to meet EPA's responsibilities and failing to support the core mission of OLEM, OEM, and removal/response programs as it would result in the Agency having none of these mission services and incapable of providing the necessary mission support.

These responsibilities include accurate understanding and use of Agency resources relative to workloads as well as mapping and analyzing OEM activities relative to a variety of data needs.

This includes performance tracking and any ad-hoc data requests for press, Congress, and any other parties. As these requests are by their nature unpredictable, stating the exact need is uncertain, but this task order supports those activities. Therefore, the extension to ABT’s existing task order is essential to ensure these mission support services continue while the Agency recompetes the Task Order requirements under the new multiple-award OLEM Large Consolidated Mission Support suite of IDIQ contracts that are anticipated to be awarded in April 2023. Existing work that needs to be continued under EP-W-17-001 / 68HERH19F0419 will be extended up to but not later than June 29, 2023 under the three (3) month Base extension, and not later than September 27, 2023 under the Optional extension for Transition/Continuity of Services, if exercised pursuant to FAR 52.237-3, in accordance with FAR 16.505(b)(2)(i)(C).

Reference Section 6, paragraph (i) Rationale, for additional details supporting the basis for the logical follow-on.

5. FAR 16.505(b)(2)(ii)(B)(5), A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The estimated amount for the requested extension, which is based upon the actual costs incurred during the last 12 months of performance under the existing Task Order that was awarded competitively under the multiple-award IDIQ contracts, is consistent with previously approved and historical pricing paid for the same or similar services as documented by more than five (5) years of expenditures under EP-W-17-001, escalated appropriately and reasonably over the time passed. The Contracting Officer hereby determines that the anticipated cost of this extension will be fair and reasonable based on the previously proposed costs/prices during the competition for the placement of EP-W-17-001 and 68HERH19F0419, which were already determined to be fair and reasonable, and the current approved cost amounts and ceilings in the current performance period of the Task Order. The anticipated labor rates for the extension period are in line with the rates the Government has historically paid the contractor over the life of the contract.

In evaluating the extension proposal, the Contracting Officer will consider, if proposed by ABT, an escalation factor applied to the labor for which an escalation factor consistent with the annual escalation applied historically under the contract and/or industry-based escalation rates will be considered reasonable. ABT will also be instructed to propose pricing for the Base extension period of 3 months, based on maintaining a level of effort and other direct costs that are consistent with the current levels provided for these services.

6. FAR 16.505(b)(2)(ii)(B)(6), Any other facts supporting the justification:

(i) Rationale

The services provided by ABT under EP-W-17-001 / 68HERH19F0419 are not available on any other active EPA vehicle except for the IDIQ multiple-award suite of contracts (EP-W-17- 001/002/003). At this time, using these IDIQs 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 new Task Order award is competitively issued.

Awarding a new short-term contract vehicle this close to ABT’s current task order expiring and while the competitive follow-on is near award would result in duplicative costs that would not be recovered through any savings that might be netted through competition. Accordingly, these IDIQs are the only vehicle currently available within EPA.

Over the life of the current Task Order, ABT has developed a strong knowledge base, and acquired expertise relative to the program and processes that are critical to carrying out the Agency’s responsibilities, in support of OEM’s mission effectively and efficiently. These responsibilities include the continuation of OEM’s workload analysis and accompanying activities as well as any ad hoc data analyses in support of OEM activities. ABT's expert knowledge revolves around being extremely familiar with the specific needs of the aforementioned programs. ABT also possesses staff that are already cross-trained in providing the necessary technical support for all tasks which promotes technical efficiencies and monetary savings due to not having to hire additional staff to accomplish contract requirements. For these reasons, ABT is 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 support effectively OEM’s mission. This expertise enables ABT to provide seamless removal/response program 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. This task order is also supporting OEM in its workload analysis, which may inform distribution of Superfund tax receipts across the regions in the near future.

Because of the specific knowledge and performance required for the execution of the programs within the current Task Order, the learning curve would be substantial and impractical for a new contractor within the less than 1 month remaining in the Task Order period of performance.

While there are other companies in the market who can perform these services, the introduction of a new company to provide these services during this limited temporary solution would be destructive to the Agency’s ability to meet its responsibilitiess. These include mapping of OEM activities on demand, analyzing removal activity financial information, mining information for removal actions from pollution reports and action memos, and AHP analysis in support of OEM’s workload analysis efforts. If the removal/response program support efforts under this task order are delayed, EPA would not be able to continue its OEM mission work in these areas.

Specifically, the Agency’s ability to comply with its aforementioned responsibilities will be in jeopardy if the services performed under this Task Order lapse.

Bringing in a new firm in at this point, when a new competitively issued vehicle is anticipated to be awarded in less than 3 months, 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 9 months. The time needed to issue a new competitively awarded contract vehicle is not available with less than 1 month remaining in the current Task Order period of performance and it would result in the Agency having no ability to provide removal/response program mission support for no less than 9 months.

EPA intends to recompete the Task Order PWS in accordance with the competitive procedures at FAR 16.505(b)(1) under the OLEM Large Consolidated Mission Support suite of multiple-award IDIQ contracts anticipated to be awarded in April 2023 in response to solicitation no.

68HERH22R0050. The incumbent, ABT, and one (1) of the other IDIQ contractors did submit proposals along with several other companies in response to 68HERH22R0050. If awarded an OLEM Large Consolidated Mission Support IDIQ contract, the one (1) other IDIQ contractor and/or the other companies that proposed will be eligible to compete as prime offerors for the competitive Task Order recompete requirement. In the event the follow-on Task Order could be awarded to a company other than the incumbent, ABT will be required to transition to the new, successor awardee once the new award is made. The OEM mission support services under ABT’s Task Order, 68HERH19F0419, are essential to the Government and must be continued without interruption. FAR 52.237-3 Continuity of Services, which is contained in EP-W-17-001, provides for transition and related activities (i.e. phase-in/phase-out for up to 90 days after ABT’s task order, EP-W-17-001 / 68HERH19F0419, expires) including the requirement for ABT to allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the Agency’s regulation, evaluation, and technical mission support services required. Even if the task order award resulting from the recompete was to be awarded now (i.e. before the current task order with ABT expires), there is insufficient time remaining on ABT’s task order 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 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 3 months. Therefore, this justification includes sufficient ceiling ($17,944.88) to cover ABT’s transition activities and sustained levels of current support until such time (3 months into performance under the new award) the successor contractor is able to adequately sustain them.

(ii) Cost

• Current task order period ceiling is $114,125.62. To date, $82,793.04 has been obligated and expended under the existing task order period ceiling, leaving $31,332.58 in unused period ceiling to perform the Task Order requirements that are being requested to continue.

• Current estimated extension cost of performance is $35,889.76 (including transition), as delineated in Section 3, paragraph (ii) herein, which if fully utilized as projected, would require a $4,557.18 increase in the current period ceiling of the Task Order.

(iii) Period of Performance

• Existing task order period of performance expiration date: March 31, 2023

• Extension period of performance: April 1 – June 29, 2023 (Base extension of 3 months);

Option extension of 3 months for continuity of services/transition, anticipated to be exercised on or before March 31, 2023, for a period not to extend beyond September 27, 2023;

• Previous approved extensions under exception to fair opportunity: August 1, 2022 - March 31, 2023

(iv) Follow-on

As indicated in the attached milestone schedule, the Agency is in the process of evaluating proposals for the multiple-award OLEM Large Consolidated Mission Support suite of IDIQ contracts, which are currently anticipated to be awarded by April 30, 2023.

(v) Previous Exceptions to Fair Opportunity

A copy of the previously approved justification for other than full and open competition (JOFOC) executed against EP-W-17-001, covering and including the prior extension of Task Order 68HERH19F0419 for the period of August 1, 2022 - March 31, 2023 pursuant to FAR 16.505(b)(2)(i)(C), is attached hereto.

(vi) Market Research

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, 2023. The results of the market research indicated that the services provided by ABT under EP-

Washington, DC 20460

W-17-001 / 68HERH19F0419 are not available on any other active EPA vehicle except for the current multiple-award suite of contracts (EP-W-17-001/002/003).

7. FAR 16.505(b)(2)(ii)(B)(7), A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made:

Since this The exception to fair opportunity is for a logical follow-on in the interest of economy and efficiency, offers will not be solicited from any additional sources beyond ABT for the continuation of services and support currently provided under EP-W-17-001 / 68HERH19F0419 pursuant the authority in FAR 16.505(b)(2)(i)(C). However, in accordance with FAR 16.505(b)(2)(ii)(D), within 14 days after issuing the modification to extend the task order, a notice of this 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 future Task Order follow-on/recompete, which will be conducted as a competitive acquisition under the multiple-award OLEM Large Consolidated Mission Support suite of IDIQ contracts.

EPA has considered and determined there are no outstanding barriers to competition to remove or overcome in order to execute the requested extension of the current Task Order, or in the issuance of a new competitively awarded follow-on Task Order under the multiple-award OLEM Large Consolidated Mission Support suite of IDIQ contracts that are currently anticipated to be awarded by April 30, 2023.

8. FAR 16.505(b)(2)(ii)(B)(8), The contracting officer’s 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 Date Contracting Officer

9. FAR 16.505(b)(2)(ii)(B)(9), 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 an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel:

March 30, 2023

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 limited sources) and which form a basis for this justification is complete and accurate:

_____________________________________ __3/30/2023_________ Rob Fox Date Task Order Contracting Officer Representative (TCOR)

10. Approval

In accordance with EPAAG 1.6.1-A, Item 8b for actions within the thresholds set forth in FAR 6.304(a)(1):

Jessica White Date Branch Chief