Final_JOFOC__ASTM_International_EPA_Membership_Grouping_12_10_2021_1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

in accordance with FAR Part 13.106-1(b)

1. FAR 6.303-2(b)(1), Identification of the agency and contracting activity:

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

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

Project Title: Service for ASTM International (ASTM) EPA Membership Grouping for

EPA’s Office of Administrator Requisition No.: PR-OA-22-00015

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

The purpose of this justification is to issue a sole source purchase order for one (1)-year Base Period and four (4) one (1)-year Option Periods to ASTM International (ASTM), formerly known as American Society for Testing and Materials) for the acquisition of service for the ASTM EPA Membership Grouping for EPA’s Office of Administrator (OA) located in Washington, DC. ASTM International is a 501(c)3 not-for-profit organization that develops standards related to EPA’s mission. The service is required for EPA’s Office of Administrator (represented by Elise Owen during the 2021-2023 term) participation in the ASTM Board of Directors. The service is also required to support participation of staff from various EPA Offices and Regions in ASTM technical committees and subcommittees, as directed by the National Technology Transfer and Advancement Act (NTTAA), after award to OA until the expiration date of awarded purchase order.

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):

EPA’s Office of Administrator uses the membership grouping, which currently includes over 40 EPA staff from across EPA Offices and Regions. They participate in ASTM technical committees and subcommittees. They also use and participate in Voluntary Consensus Standards (VCS) as directed by the National Technology Transfer and Advancement Act (NTTAA) to continue the advancement of EPA’s implementation of Federal laws and policies, including but not limited to:

• D01 (Paint and Related Coatings, Materials, and Applications); D02 (Petroleum Products, Liquid

Fuels, and Lubricants); D18 (Soil and Rock); D19 (Water); D 22 (Air Quality); D34 (Waste Management); E06 (Performance of Buildings); E11 (Quality and Statistics); E30 (Forensic Sciences); E35 (Pesticides, Antimicrobials, and Alternative Control Agents); E44 (Solar, Geothermal and Other Alternative Energy Sources); E50 (Environmental Assessment, Risk Management and Corrective Action); E54 (Homeland Security Applications); E56 (Nanotechnology); E60 (Sustainability); F15 (Consumer Products); F23 (Personal Protective Clothing and Equipment); F26 (Food Service Equipment); and F42 (Additive Manufacturing).

EPA staff participation in these ASTM technical committees and subcommittees is in the public interest and supports EPA’s mission and policy objectives. Membership in ASTM International is the only way that EPA staff can participate in these Committees and Subcommittees. EPA anticipates that there will be additional EPA staff included in the EPA membership grouping in future years.

Office of Administrator’s intent is to continue EPA’s participation in the ASTM Board of Directors and to continue to support participation of EPA staff in ASTM technical committees and subcommittees, as directed by the National Technology Transfer and Advancement Act (NTTAA). This participation supports the Agency’s mission.

Therefore, the requested service is of paramount importance to ensure uninterrupted ASTM membership for Elise Owen and other EPA staff who are currently participating (and who will, in the future, begin participating) in ASTM technical committees and subcommittees that support the Agency’s mission.

Service for ASTM International (ASTM) EPA Membership Grouping with specific tasks: Under this purchase order, the contractor shall be able to provide the following type of service for the participation in relevant ASTM technical committees and subcommittees (and Elise Owen’s participation in the ASTM Board of Directors on behalf of EPA) with the identified minimum specific tasks:

1. Applicable Documents: The following documents apply: 1) National Technology Transfer and

Advancement Act of 1996 (NTTAA) 2) OMB Circular A-119 3) 15 CFR 287.

2. SPECIFIC TASKS: the EPA membership grouping for ASTM confers the following benefits: (1) all EPA staff included in the EPA membership grouping for ASTM are granted the rights to participate in any ASTM technical committee or subcommittee; (2) all EPA staff included in the EPA membership grouping for ASTM are granted a free ASTM Book of Standards volume (print or electronic format); (3) Elise Owen, who was elected to the ASTM Board of Directors, is additionally granted rights to participate in the ASTM Board of Directors on behalf of EPA for the 2022-2026 term.

3. Place of Performance: ASTM International Headquarters - 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959 USA

4. Deliverable and Delivery Schedule: EPA membership in ASTM from January 1, 2022, through December 31, 2026.

The services for the ASTM EPA Membership Grouping shall be available within a 60-month period of the purchase award.

The period of performance of this award will be for a maximum period of sixty months.

The requirements for the services of the ASTM EPA Membership Grouping are detailed in the attached Statement of Work. The total estimated value for this requirement is $55,800.00.

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

FAR 13.106-1(b) allows offers to be solicited from one source not exceeding the simplified acquisition threshold if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

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

Proposed Source: ASTM International

100 Barr Harbor Drive P.O. Box C700 West Conshohocken, PA 19428-2959

DUNS: 001993369

It is critical to continue using the services of the ASTM EPA Membership Grouping to ensure that the Office of the Administrator can continue uninterrupted participation in the ASTM Board of Directors and so that EPA staff can continue uninterrupted participation in ASTM technical committees and subcommittees (including those listed above in paragraph 3) ensuring consistency with Administration priorities, as well as EPA priorities, policies and authorities (e.g., Section 104 of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1254; Section 103 of the Clean Air Act (CAA), 42 U.S.C. § 7403; Section 8001 of the Solid Waste Disposal Act (SWDA), 42 U.S.C. § 6981; Section 203 of the Marine Protection, Research, and Sanctuaries Act (MPRSA), 33 U.S.C. § 1443; Federal Technology Transfer Act (FTTA) 15 U.S.C. § 3710; Section 102 of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321; Section 6604 of the Pollution Prevention Act (PPA), 42 U.S.C. § 13101-13109 and Section 1442 of the Safe Drinking Water Act (SDWA), 42 U.S.C. § 300j-1). This work supports EPA’s mission and various EPA programmatic and regulatory priorities. This work is also essential to EPA’s successful implementation of the National Technology Transfer and Advancement Act (NTTAA) and related Federal laws and policies that encourage Federal agencies to use and participate in the development of Voluntary Consensus Standards (VCS), such as those developed by ASTM. Finally, this work is essential to fulfilling commitments in EPA’s draft Strategic Plan 2022 – 2026:

The Agency will also continue its commitment to use and participate in Voluntary Consensus Standards (VCS) as directed by the National Technology Transfer and Advancement Act (NTTAA). Use of VCS in regulation, voluntary programs, research, and other activities helps the Agency achieve robust engagement with industry, academia, Non-Governmental Organizations (NGOs), other government representatives (Federal, state and local), conformity assessment bodies, etc., harnessing partnerships that enhance public trust and lead to durable policies that enjoy broad consensus and buy-in.

Therefore, the sole source award to ASTM is necessary to continue the advancements of EPA’s implementation of Federal laws and policies, EPA’s draft Strategic Plan 2022-2026 and EPA’s programmatic and policy objectives. Also, it supports preparing of EPA’s annual report on implementation of the NTTAA, which is transmitted to the Office of Management and Budget (OMB) and Congress. The vendor is an international standards organization that provides the necessary development and publishment of voluntary consensus technical standards for a wide range of materials, products, systems, and services that are compatible with EPA’s mission.

ASTM is the only source capable of providing the membership services required. This was certified by the contractor in writing on November 16, 2021 that it is the sole authorized provider of membership services in the United States and International for these membership services and no authorized reseller or third-party agreements.

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:

In accordance with FAR 5.201(b)(1)(i), a notice of the proposed action to issue a sole source award to ASTM was issued on November 8, 2021 via EPA’s Acquisition System (EAS) to the Government Point of Entry (GPE) (https://www.sam.gov) and FedConnect (https://www.fedconnect.net), which will provide access to the notice by linking to the GPE. The notice requested comments from industry by November 18, 2021 and no comments were received from the Contracting Officer, Manuela Meyer, who posted the Notice.

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:

In accordance with FAR Subpart 13.106-3(a), the Contracting Officer will determine that the proposed price for this requirement is fair and reasonable. Because this requirement is intended to be a sole source award to ASTM, from which only one offer will be received, the determination will be based on the following [FAR 13.106-3(2)(b)]:

• FAR 13.106-3(a)(2)(ii), Comparison of the proposed price with prices found reasonable on previous purchases: The proposed price for the service of the ASTM EPA Membership Grouping for EPA’s Office of Administrator located in Washington, DC under this requirement will be compared to the estimated value of this requirement, which as stated below, is based on a reasonable historical price paid under 68HERH20P0070, which was determined to be fair and reasonable.

• FAR 13.106-3(a)(2)(vi), Comparison to an independent Government estimate: The estimated value of this requirement of $55,800.00 is based on market research via the vendor’s official website. In 2020/2021 under 68HERH20P0070, the historical price paid of $3,225.00 for 43 members ($75.00 membership/person) for only one (1)-year was for the same services. The price paid under 68HERH20P0070, which resulted from a restricted (i.e., sole source), non-competitive acquisition and was determined to be fair and reasonable based on historical prices. The current estimated price for the membership service of $75.00 per person is equal to the membership/person under the awarded Purchase Order no. 68HERH20P0070 with a Period of Performance from 04/06/2020 to 04/05/2021.

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:

Additional market research was conducted in accordance with FAR Part 10 utilizing the following technique: knowledge gathering (FAR 10.002(b)(2)(i)).

It was confirmed that ASTM is the sole provider of the EPA Membership Grouping. Therefore, purchasing a different type of service than what is already in use would not be comparable to EPA’s mission to continue its commitment to use and participate in Voluntary Consensus Standards (VCS) as directed by the National Technology Transfer and Advancement Act (NTTAA). Usage of this service is required to continue the advancements of EPA’s implementation of Federal laws and policies. None of the mandatory sources (FAR 8.002) or other preferred optional sources (FAR 8.004) are viable sources to satisfy this requirement so establishment of a new purchase order for this requirement is necessary and justified; the requirement is offered and purchased by private and public industry in the commercial marketplace; and ASTM is the sole provider of the EPA Membership Grouping and providing membership services in the United States and International for these membership services and no authorized reseller or third-party agreements. The market research efforts and findings are documented in detail in the Market Research Report dated 11/13/2021. Also, a Notice of Intent (68HERH22Q0016) was issued on November 8, 2021 and closed on November 18, 2021. No responses were received to the Notice.

9. FAR 6.303-2(b)(9), Any other facts supporting the use of other than full and open competition:

No other facts are provided to support this justification.

MANUELA MEYER MEYER

Digitally signed by MANUELA

Date: 2021.12.09 15:11:17 -05'00'

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

A Notice of Intent to Sole Source was posted on November 8, 2021 with responses due from capable vendors on November 18, 2021. No responses to the Notice were received via email or phone to the EPA Contracting Officer, Manuela Meyer who posted the Notice of Intent to Sole Source on SAM.gov and FedConnect.

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 require:

In accordance with FAR 6.305(a) and as required by FAR 6.302-1(a), the justification will be made publicly available 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, within 14 days after contract award. 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 any future acquisitions for the same or similar requirements. In an effort to plan for any future follow-on contracts, the EPA will continue to monitor if ASTM continues to be the sole provider of the ASTM EPA Membership Grouping by requesting its certification for any future needs. If not, EPA will perform market research to determine if any other vendors are capable of meeting the needs of this requirement.

Any future market research will be conducted via Sources Sought Notice to identify potential vendors .

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:

In accordance with FAR 6.303-2(b)(12) and as permitted by FAR 13.106-1(b) for acquisitions not exceeding the simplified acquisition threshold, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

PREPARED BY:

Manuela Meyer Date Contracting Officer Office of Mission Support (OMS)

Digitally signed by Smith, Smith, James O James O

Date: 2021.12.08 10:19:16 -05'00'

APPROVED BY:

Patrice Cunningham Date Lead Contracting Officer Office of Mission Support (OMS)

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 certify 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.

James Smith Date Contracting Officer’s Representative Office of Administrator (OA)

12-10-21