Exception_to_Fair_Opportunity_EP-W-17-003_0008_APPROVED_03_29_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: Brian Schlieger, OLEM/OEM

Project Identification: OEM Regulation, Evaluation & Technical Support: Training and Exercise Planning Workgroup Support

Proposed Source(s): EP-W-17-003; General Dynamics Information Technology, 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 of EPA Contract No. EP-W-17-003, Task Order no.

0008, awarded September 16, 2017 under the active OEM Regulation, Evaluation & Technical Support indefinite-delivery/indefinite quantity (IDIQ) contract with General Dynamics Information Technology, Inc. (“GDIT” 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 technical, analytical, documentation, communication, and outreach support to TWEP for the NTEP to comply with Presidential Policy Directive-8 (PPD-8) and the Homeland Security Exercise and Evaluation Program (HSEEP) 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, 2023.

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-17-003 / 0008 provides technical, analytical, documentation, communication, and outreach support to TWEP for the NTEP to comply with Presidential Policy Directive-8 (PPD-8) and the Homeland Security Exercise and Evaluation Program (HSEEP).

In accordance with Presidential Policy Directive-8 (PPD-8) and the Homeland Security Exercise and Evaluation Program (HSEEP), EPA maintains the Training and Exercise Planning Workgroup (TEPW). The function of the TEPW is to provide long-term strategic training and exercise planning by:

Identifying national training and exercise priorities;

Validating, through exercises, EPA response capabilities, including personnel, policies, plans and the ability to implement EPA’s National Approach to Response;

Evaluating the effectiveness of training by testing EPA employees’ knowledge and skills through exercises including inter-regional, inter-agency, with individual states and/or localities and/or the private sector); and Maximizing resources by allowing regions and programs to identify and participate in planned exercises meeting their needs.

Annually, each Region develops a Regional Training and Exercise Plan (TEP), which provides the basis for this National 2-Year Training and Exercise Plan (NTEP). Program offices submit TEPs to the National Exercise Coordinator, in the Office of Emergency Management (OEM), for incorporation into the NTEP. Only training identified to support response capabilities is included in the NTEP. Both discussion-based and operations-based exercises, as well as pre-deployments, are included in the NTEP. Basic certification training is not included in the NTEP.

The NTEP allows EPA to focus training and exercise assets and funding on areas identified as priorities in the Regional TEPs. The NTEP is revised annually by the TEPW, which is composed of Regional Training and Exercise (T&E) Coordinators and representatives from the Office of Water (OW), the Office of Superfund Remediation and Technology Innovation (OSRTI), the Office of Radiation and Indoor Air (ORIA), and the Chemical, Biological, Radiological, and Nuclear (CBRN) Consequence Management Advisory Division (CMAD). All functional and full-scale exercises listed in the NTEP, require quarterly submissions of After Action Summaries (AASs) to the National Exercise Coordinator, in order to identify, on a national basis, reoccurring problems or issues identified during exercises.

The scope of this Task Order extension is to provide continued technical, analytical, documentation, communication, and outreach support to TWEP for the NTEP to comply with Presidential Policy Directive-8 (PPD-8) and the Homeland Security Exercise and Evaluation Program (HSEEP), via the following three (3) primary tasks:

Task 1: Document Development: Under this task, the contractor provides on-going technical support in developing and maintaining the National Training and Exercise Plan (NTEP) used to provide the Regions and programs information about upcoming Table Top exercises, pre-deployments, and/or functional and full scale exercise over a 2-year period. Contractor support is

Washington, DC 20460 also required in developing documents (e.g., participant manuals, a Master Scenario Event List, evaluation forms, After Action Summaries) for headquarters based national level exercises listed in the NTEP, including FEMA lead National Level Exercises (NLE) 2024 and follow up from

NLE 2022.

Task 2: Meeting and Exercise Support: Under this task, the contractor provides technical, facilitation, and documentation meeting and exercise support for the annual TEPW member webinar, including: arranging, scheduling, and assisting with the development of agendas, briefings and power point presentations as well as the distribution of read-ahead material. After the annual webinar concludes and following quarterly coordination calls with the TEPW, the contractor develops and provides a summary report on key issues, decision points, and task. The contractor also provides support to design team meetings and exercises conducted for HQ-based national level exercises, including facilitation and development of participant manuals, a Master Scenario Event List, evaluation forms, and After Action Summaries (AAS). The annual TEPW member webinar is usually held in March of every year, but for 2023, it is scheduled to occur in May 2023.

Task 3: Data Analysis/Survey Management: Under this task, the contractor provides on-going technical and analytical support in tracking After Action Summaries (AAS) for all functional and full scale exercises listed in the NTEP on a monthly basis, notifying the National Exercise Coordinator of outstanding AAS, and conducting preliminary assessments of recurring AAS issues and issues requiring headquarters involvement for resolution. The assessment/survey has been completed, but the results of the assessment/survey will be utilized and discussed during the annual TEPW meeting scheduled for May 2023. Contractor support is also needed on an on-going basis to develop AAS for HQ-based exercises (e.g., FEMA lead National Level Exercise;

any EPA lead Spill of National Significance exercises).

(ii) Estimated Value

The estimated value of the extension is $42,662.32, 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 $21,331.16

Continuity of Services / Transition

3 months Anticipated to be exercised on or before June 29, 2023, for a period not to extend beyond September 27, 2023 $21,331.16

Total Estimate for Bridge Extension $42,662.32

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

Washington, DC 20460 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 0008 under EP-W-17-003 on a sole-source basis to GDIT 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 GDIT 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 June 21, 2017, 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), 0008, was solicited to all three (3) IDIQ contractors on an unrestricted basis.

The services to be provided by GDIT under the requested extension period are purely an extension of the services GDIT 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 disruption in such services occur, OEM would be unable to meet its responsibilities to meet its duty in participating in the National Security Staff lead Senior Official Exercise as well as continued planning for the upcoming National Leve

Washington, DC 20460

Exercise (NLE) for 2024. NLE 2024 planning has already begun. Planning in response to and in compliance with Presidential Policy Directive-8 (PPD-8) and the Homeland Security Exercise and Evaluation Program (HSEEP). A lapse or disruption in the services would place the Agency at significant risk of failing to meet White House requirements as well as continuing to exercise and train. These efforts support the core mission of OEM programs and the Agencies Primary Mission Essential Function to prepare and respond to Oil and Hazardous Substance releases. Not participating in these activities would result in the Agency having none of these mission services and incapable of providing the necessary mission support. Therefore, the extension to GDIT’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-17-003 / 0008 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-17-003, 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-17-003 and 0008, 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 GDIT, 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. GDIT 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

Washington, DC 20460

The services provided by GDIT under EP-W-17-003 / 0008 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 GDIT’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, GDIT 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 to support the core mission of OEM programs and the Agencies Primary Mission Essential Function to prepare and respond to Oil and Hazardous Substance releases response to and in compliance with Presidential Policy Directive-8 (PPD-8) and the Homeland Security Exercise and Evaluation Program (HSEEP) in support of OEM’s mission effectively and efficiently. GDIT's expert knowledge revolves around being extremely familiar with the specific needs of the aforementioned programs. GDIT 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, GDIT 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 GDIT to provide seamless TWEP, NTEP, PPD-8, and HSEEP 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 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 technical, analytical, documentation, communication, and outreach support to TWEP for the NTEP to comply with Presidential Policy Directive-8 (PPD-8) and the Homeland Security Exercise and Evaluation Program (HSEEP), 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 responsibilities to support the core mission of OEM programs and the Agencies Primary Mission Essential Function to prepare and respond to Oil and Hazardous Substance releases in response to and in compliance with Presidential Policy Directive-8 (PPD-8) and the Homeland Security Exercise and Evaluation Program (HSEEP). If the WTEP and NTEP support efforts are delayed or not permitted to continue, EPA would not be able to continue its OEM mission work in these areas. Specifically, the Agency’s ability to comply with its responsibilities to support the core mission of OEM programs and the Agencies Primary Mission Essential Function to prepare and

Washington, DC 20460 respond to Oil and Hazardous Substance releases in response to and in compliance with PPD-8 and HSEEP 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 adequate and timely TWEP, NTEP, PPD-8, and HSEEP 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, GDIT, 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, GDIT will be required to transition to the new, successor awardee once the new award is made. The OEM mission support services under GDIT’s Task Order, 0008, are essential to the Government and must be continued without interruption. FAR 52.237-3 Continuity of Services, which is contained in EP-W-17-003, provides for transition and related activities (i.e. phase-in/phase-out for up to 90 days after GDIT’s task order, EP-W-17-003 / 0008, expires) including the requirement for GDIT 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 GDIT expires), there is insufficient time remaining on GDIT’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 ($65,328.42) to cover GDIT’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 $323,276.46. To date, $152,654.17 has been obligated and expended under the existing task order period ceiling, leaving $170,622.29 in unused period ceiling to perform the Task Order requirements that are being requested to continue.

Washington, DC 20460

Current estimated extension cost of performance is $42,662.32 (including transition), as delineated in Section 3, paragraph (ii) herein, which if fully utilized as projected, would not require an 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-17-003, covering and including the prior extension of Task Order 0008 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 GDIT under EP- W-17-003 / 0008 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 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 GDIT for the continuation of services and support currently provided under EP-W-17-003 / 0008 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

Washington, DC 20460 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:

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:

Brian Schlieger Date Task Order Contracting Officer Representative (COR)

10. Approval

March 29, 2023

Washington, DC 20460

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