FINAL_POST_Version_Fair_Opportunity_Exception.doc

FAIR OPPORTUNITY EXCEPTION (FOE) DETERMINATION AND APPROVAL

For Orders Over the Simplified Acquisition Threshold

Contracting Activity: U.S EPA, Region 1 Project Name: AAA Accredited Pest Control Site Estimated Cost/Price of the Order (including options if applicable): $550,000 (and, should contingency funds identified in the Action Memorandum be required, could potentially exceed $650,000).

Authority: FAR 16.505(b)(2)(i)(A) Type Determination: Individual In accordance with FAR 16.505(b)(2)(ii)(B), for orders exceeding the simplified threshold, the following justification and information are provided.

FAIR OPPORTUNITY EXCEPTION (FOE) JUSTIFICATION

I.

Contracting Activity The contracting organization for this Fair Opportunity Exception (FOE) Determination and Approval is the U.S. Environmental Protection Agency – Region 1, Contracts and Procurement Office, Boston MA, 02109. The Contracting Officer is Maureen Bagocius, 617-918-1968.

II.

Nature and/or Description of the Action Being Processed This action is a new Task Order, T.O. #0060, to contract EP-W-08-061 with Environmental Restoration, LLC. The purpose of this Task Order is to procure services to remove hazardous substances and materials.

III.

Description of the Supplies/Services Required To Meet the Agency’s Needs This action will result in removal services being provided in and in the vicinity of Rutland VT. The contractor will be conducting decontamination of residential property to remove residue of improperly applied pesticides. If not addressed by this emergency removal response, these substances would continue to pose a threat to human health and the environment. This requirement and/or type of service are within scope of the basic multiple award contract.

IV.

Identification of the Exception to Fair Opportunity and Supporting Rational FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(A).

“The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.” Specifically, this action was considered an Emergency Response Removal Action by the EPA, therefore an U.S EPA OSC called the Contracting Officer on September 20, 2013, to request that a task order to immediately mobilize contractor personnel to begin the process of removing hazardous substances/materials in affected residential properties in and around Rutland, VT. This Emergency Response Removal Action was activated due to the actual or threatened release of hazardous substances or pollutants or contaminants which if not addressed by implementing the response action selected in the Action Memorandum dated September 19, 2013, may present an imminent and substantial endangerment to public health, welfare, or the environment.

The selection of the contractor to perform this work is based on qualifications, availability, and timing of the emergency.

V.

Determination by the Contracting Officer That The Anticipated Cost to the Government Will Be Fair and Reasonable The cost to the Government under this order is considered to be fair and reasonable. The labor categories being purchased appear in the basic contract. These items are being purchased on a labor hour basis at the established prices and are escalated for out years. The prices were determined fair and reasonable at the time of basic contract award.

VI.

Other Facts Supporting the Justification All facts have been described in above paragraphs.

VII.

Actions the Agency May Take to Remove or Overcome Any Barriers To Increasing Fair Opportunity Before Any Subsequent Acquisition For the Supplies or Services In accordance with EPA orders under indefinite-delivery contracts do not have to be synopsized. Paragraph V, above, justifies why competition among all awardees is not possible for this acquisition.

IX. Program Office Certification The program’s signature on this signature page evidences 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.

_____signed______________________

Carol Tucker, Chief

Date

Emergency Planning and Response Branch X.

Contracting Officer’s Certification The contracting officer’s signature on the signature page evidences that she has determined the cited exception applies to the order and that this document is both accurate and complete to the best of her knowledge and belief.

----------signed--------------------------------------- -------------------

Maureen Bagocius

Contracting Officer

U.S. EPA Region 1 X.

Competition Advocate Approval I hereby approve this action in accordance with FAR 16.505 (b)(2)(ii)(C)(2) for requirements that meet a fair opportunity exception that is estimated to exceed $650,000.

_____signed___________________

Susan Moroni

US EPA Competition Advocate