Final_Revised_EPD16017_ORD_JOFOC__AAC_Signed__12-15-2021_1.pdf

BRIDGE JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Subpart 6.3 Other Than Full and Open Competition and EPAAG, Chapter 6 – Competition

Requirements, Subsection 6.3.1 – Bridge Justification for Other Than Full and Open Competition

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: Operation, Maintenance and Modification of the Human Studies Facility

Requisition No.: PR-ORD-22-00118

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

ORD is requesting a one (1)-year extension on EPA Contract No. EP-D-16-017, awarded July14, 2016 to TRC Environmental Corporation (TRC), to allow critical services to continue the operation, maintenance, and modification of the chamber operations and associated support systems at the Chapel

Hill Facility to support EPA’s epidemiological studies to protect the environment and human health by assuring compliance with federal environmental laws as the Agency finalizes the re-compete process. The re-compete is underway and a solicitation was released on October 21, 2021. Although a new competitive award was anticipated by January 15, 2022, no responses to the solicitation were received prior to the closing date of the solicitation on November 16, 2021. This delay, which was outside of the control of the

Government, created the need for this extension. This extension will ensure no lapse in service for this mission critical contract while a new procurement strategy is put into place and a new RFP is released.

Therefore, the anticipated one (1)-year extension will be exercised for an initial period of six (6) months.

If additional time is needed thereafter, up to six (6) one-month options will be available to be exercised as appropriate.

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):

EP-D-16-017 provides experienced, appropriately licensed and certified personnel, shop and office facilities, supplies, instrumentation, spare parts, and test equipment to operate, maintain, and modify seven

(7) human exposure chambers and their associated support systems, two (2) aerosol particle concentrators and exposure chambers, three (3) non-exposure test rooms, four (4) in-vitro exposure chamber pairs and their support systems, and a climate-controlled weigh room to perform the epidemiological studies for

ORD. In addition, the support systems of the human support chambers include a high capacity clean air supply system, associated computers, pumps, filters, fans, heated and chilled glycol-water supply equipment, a large capacity heat exchange system for generating 450° F oil, electrical distribution equipment and wiring, pollutant generation and control equipment and associated computers, seven computer controlled individual air handling units providing custom conditions to the human exposure chambers, and medical gas and vacuum generation and delivery systems that are critical to support the research at the Chapel Hill Facility. This contract also provides maintenance and modification of the bio-medical equipment in the Medical Station, but not its operation to support the public health of the volunteers participating in epidemiological studies.

The existing contract ceiling is $3,607,074.00 for Option Period IV. This one (1)-year extension will result in an increase of the contract ceiling by $2,465,134.00 via CLIN 0005A and CLIN 0005B. Prior to the expiration of the current performance period (Option Period IV) on January 15, 2022, sufficient funds shall be obligated to ensure that there is no lapse in service under this mission critical contract.

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

In accordance with 10 U.S.C. 2304(c) (1), 41 U.S.C. 253(c) (1), and FAR 6.302-1, it is determined that

TRC is the sole responsible source, and no other supplies or services will satisfy agency requirements at this time. Currently there are no other contracts within EPA that can provide the critical services required by this contract. An interruption of services would be detrimental to the Office of Research and

Development’s (ORD) study of the health effects of airborne pollutants and other high-quality science and technical support that is necessary for informed decision making. This disruption of services would result in a halt on research to support EPA’s human subjects research at 40 CFR Part 26 and negatively impact the Agency’s mission to protect human health and the environment. Without the operation of this contract, the Agency will not be able to ensure Subpart A of 40 CFR Part 26, the Basic EPA Policy for Protection of

Subjects in Human Research Conducted or Supported by EPA. Additionally, a replacement contract was intended to be award on January 15, 2022, however due to the absence of responses to the RFP, the

Agency must develop a new acquisition strategy. The extension of the current contract will allow the

Agency time to expeditiously and effectively develop a new strategy to increase competition, place a new competitive award for these services.

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:

In addition to being the current operation and maintenance service provider, TRC possesses 44 years of institutional knowledge to provide uninterrupted and seamless support of ORD until the next award is in place. TRC possesses staff that are already cross-trained in the operation and maintenance of the chambers and their support systems as outlined in the PWS. This puts TRC in a unique position to be able to continue to provide uninterrupted support while the Agency develops a new acquisition strategy, which includes presenting logical experienced approaches for the effective operation and maintenance of the facility and providing EPA with research systems that are ready when studies are scheduled, will protect volunteer safety, and will provide accurate research data. TRC also assists and supports EPA on various issues and conducts continuously high-quality studies without having to endure the unnecessary delay created by searching for experts in these fields to assist with the operation of this equipment.

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:

The full solicitation, 68HERC21R0227, is a total small business set-aside for the replacement award for

ORD’s Operation, Maintenance and Modification of the Human Studies Facility was posted via

FedConnect and www.sam.gov on October 21, 2021 and closed on November 16, 2021.

http://www.sam.gov/

Prior to solicitation, CAD conducted extensive outreach activities with industry for the follow-on contract by posting three (3) separate Requests for Information (RFIs) via GSA/eBuy. All three (3) RFIs, (RFQ(I)

#1476555, OASIS Pool 1 - RFQ(I) #1476549, and OASIS SB Pool 1 - RFQ(I) #1476553) were posted on

February 12, 2021 and closed on February 26, 2021. Unfortunately, in response to the three (3) RFIs, the small businesses (Circuit Media and Procon Consulting, LLC) did not have the capabilities to complete all components of the Performance Work Statement and failed to provide evidence that both had partnerships/teaming arrangements with other vendors who would assist in the areas where the primary small businesses did not possess the required expertise. Therefore, it was determined that this acquisition should not be procured using the current GSA vehicles because of the limitations of the interested vendors from the RFIs MAS Schedule - RFQ(I) #1476555, OASIS Pool 1 - RFQ(I) #1476549, OASIS

SB Pool 1 - RFQ(I) #1476553. In addition, the program office conducted a vendor survey that provided potential sources (five (5) small businesses) through GSA Advantage and internet searches. Also, the

SBA PRO Net database was utilized, and 1,928 potential small business vendors were identified under the NAICS codes 541210 and 541330 that contained the terms “maintenance or laboratory” in their capability narrative. As a result, it was determined to issue the solicitation via Open Market as a total small business-set aside that will provide competition to the maximum extent possible.

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:

At the time of award, the anticipated cost to the Government under the current contract EP-D-16-007 were evaluated and determined to be fair and reasonable. This one (1) year extension from January 16, 2022 through January 15, 2023 will incorporate the same escalation rate of 2.5% under the original contract. As such, the Contracting Officer determines that the anticipated costs for this extension are also fair and reasonable.

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:

CAD conducted extensive outreach activities with industry for the replacement contract by posting three

(3) separate Requests for Information (RFIs) via GSA/eBuy to further promote and receive competition from additional sources. In addition, the program office conducted a vendor survey that provided potential sources (five (5) small businesses) through GSA Advantage and internet searches. Also, the

SBA PRO Net database was utilized, and 1,928 potential small business vendors were identified under the NAICS codes 541210 and 541330 that contained the terms “maintenance or laboratory” in their capability narrative. The Contracting Officer also reviewed EPA Strategic Sourcing vehicles and found that they do not include solutions for Professional or Mission Support services, necessary to support this requirement. Also, a review was completed via Agency-wide contracts and no contracts were found that can provide the necessary support for this requirement.

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

N/A

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

The following companies have expressed an interest in this acquisition; however, the two (2) small businesses were found to be unable to complete the work necessary for this requirement:

Fluor (other than small)

Circuit Media

Procon Consulting, LLC

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:

The replacement contract was solicited in the open market as a total small business set-aside, which provides competition to the maximum extent practicable. It is expected this requirement will be needed even after the expiration of the replacement contract. In an effort to plan for any future contracts, the EPA will perform market research to determine if any other vendors can meet the needs of this requirement.

Any future market research may be conducted via RFI’s, Sources Sought, reviewing strategic sourcing vehicles, mandatory sourcing vehicles, and/or by working with the Small Business Administration to identify potential vendors.

12. 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 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.

12/13/2021

Al Little Date

Contracting Officer’s Representative

Office of Research Development (ORD)

Manuela Meyer

13. 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), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Therefore, I approve this action and deem it to be in the best interest of the Government in accordance with FAR 6.304(a)(1) and EPAAG 1.6.1.1, Item No. 8b, Attachment A, September 20, 2021.

Prepared by:

Contracting Officer

Office of Mission Support (OMS)

Reviewed by:

Date

Patrice Cunningham Date Team Lead

Office of Mission Support (OMS)

Reviewed by:

Joshua Jordan Date

Branch Chief

Office of Mission Support (OMS)

12/13/2021

12-13-21

12-15-2021

Approved by:

Tommie Madison Date

Agency Advocate for Competition

Office of Mission Support (OMS)

12-15-2021