For_HCA-SPE_Aprvl-Sgntr_JOFOC_Bridge-REPA6_Zone3_68HERH19D0016_17_18_SPESIGNED_1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (BRIDGE)

In accordance with FAR Subpart 6.302-1 for RCRA Enforcement, Permitting and Assistance (REPA) 6 Zone 3 for EPA Regions: 2, 7, 9, and 10

This document is being prepared pursuant to the content requirements prescribed in Federal Acquisition Regulation (FAR) Subpart FAR 6.303-2(b) and Environmental Protection Agency Acquisition Guide (EPAAG) Subsection 6.3.1 –Bridge Justification for Other Than Full and Open Competition (January 2018).

1. FAR 6.303-2(b)(1), Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition":

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

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

Program Office: Region 6

Land, Chemical, and Redevelopment Division (6LCRD)

Program POC: Will LaBombard, Contracting Officer’s Representative (COR)

Project Identification: Resource Conservation and Recovery Act (RCRA) Enforcement, Permitting and Assistance (REPA) 6 Zone 3 for EPA Regions: 2, 7, 9, and 10

Proposed Source(s): All three (3) current multiple-award contract holders:

68HERH19D0016 - Booz Allen Hamilton, Inc. (BAH);

68HERH19D0017 – Eastern Research Group, Inc. (ERG); and 68HERH19D0018 – Toeroek Associates, Inc. (Toeroek)

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

Region 6 is requesting to issue a sole source bridge extension to each of the existing multiple-award indefinite-delivery/indefinite quantity (IDIQ) contracts (68HERH19D0016, 68HERH19D0017, and 68HERH19D0018) to continue the mission-critical services for Resource Conservation and Recovery Act (RCRA) Enforcement, Permitting and Assistance for EPA Regions 2, 7, 9, and 10 beyond their current expiration date of May 14, 2024. The extension is requested for a maximum of six (6) months through November 14, 2024 to allow mission-critical support for RCRA enforcement, permitting, and compliance activities and Brownfields activities to continue, and for new Task Orders to be issued for currently unforeseen in-scope needs in support of the LCRD’s programs and missions, as the Agency completes the competitive follow-on consolidated recompete that will likely result in multiple awards and is projected to be awarded in FY 2025. The requested extension also accounts for the time needed to establish the competitive issued orders under the new vehicle. This extension does not impact the scope or ceiling of the existing contracts.

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):

(i) Required Services to Meet the Agency’s Needs

The current contracts provide for provide technical support services to EPA Zone 3, comprised of EPA Regions 2, 7, 9 and 10. The tasks areas supported via these contracts include: technical reviews and analysis/assessment support, field oversight, inspection, sampling and data review, enforcement negotiation and expert witness support, records and data management, and training, conferences, and public involvement.

The contracts support EPA activities, as well as EPA coordinated efforts with states, tribes, and other Federal agencies, at private, state, and federal facilities, Indian Country, U.S. Territories, along the United States international borders, and further abroad. The activities required under these contracts support the RCRA mission-critical goals and other programs or related Agency initiatives.

To achieve RCRA program goals, four (4) distinct yet interrelated programs exist under RCRA:

• Subtitle D of RCRA promotes and encourages the environmentally sound management of solid waste. It includes minimum Federal technical standards and guidelines for state solid waste plans.

• Subtitle C establishes a management system that regulates hazardous waste from the time it is generated until its ultimate disposal, in effect, from “cradle to grave”.

• Subtitle I regulates petroleum products and hazardous substances (as defined under Superfund) that are stored in underground tanks. It establishes performance standards for new tanks and requires leak detection, prevention, and corrective action at underground tank sites.

• Subtitle J regulates medical waste generation, treatment, destruction, and disposal.

In conjunction with achieving the RCRA program goals, other programs or related Agency initiatives may be addressed under these contracts. This includes the following programs and initiatives: Clean Air Act (CAA), Clean Water Act (CWA), Toxic Substance and Control Act (TSCA), Safe Drinking Water Act (SDWA), Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation Challenge (RCC), Pollution Prevention (P2), National Environmental Performance Track (NEPT), Environmental Management Systems (EMS), Border 2012, Environmental Justice (EJ), National Environmental Justice Advisory Committee (NEJAC), Community Based Environmental Protection (CBEP), Emergency Planning and Community Right to Know (EPCRA), Brownfields, and other new initiatives and special programs. The REPA contracts are both instrumental and critically necessary for EPA to these achieve the programmatic goals that support its mission of protecting human health and the environment.

The Contracting Officer has determined that the only way to ensure the critical services under the contract continue uninterrupted is to obtain support for these services through the current contractors, BAH, ERG, and Toeroek. Over the life of the current contracts these contractors have developed a strong knowledge base, unique skillsets, and acquired expertise relative to the program and processes that are critical to carrying out tasks efficiently and effectively. The existing task orders were competed using the fair opportunity process and each contractor is distinctively positioned to support their existing task order(s). The experience and familiarity with existing projects enable BAH, ERG, and Toeroek to seamlessly support these requirements without having a need to ramp-up and expend the time and costs associated recompeting task orders for existing projects, training and developing personnel to support these projects.

Task orders are already in place under all three (3) REPA Zone 3 support contracts that provide mission-critical RCRA Enforcement, Permitting and Assistance support for EPA Regions: 2, 7, 9, and 10 relative to the following areas: support of EPA’s implementation the RCRA program in non-authorized states (i.e., Iowa and Alaska), support for RCRA facility inspections, support for EPA enforcement actions, support for timely permitting of private entities, provide sampling and Targeted Brownfields Assessments in support of local municipalities, and assisting EPA efforts to interact with the state and local communities. There are presently no other contractors capable of stepping in to support the immediate needs of these existing mission-critical projects without causing detrimental delays to the programs’ mission. A complete list of the task orders that are currently active under each Zone 3 contract and being extended under the requested bridge JOFOC period of performance, is detailed in the table below:

68HERH19D0016

Task Order No. Task Order Title

68HE0921F0035 Records Management

68HE0922F0039 Multi-Family Food Waste Recovery

68HE0923F0003 Tribal Technical Assistance Training

68HE0719F0129 Technical Support at Combustion/Thermal Treatment & Landfill Facilities

68HE0719F0156 Technical Support at R10 Alaska Facilities

68HE0723F0001 RCRA State Authorization Program Support

68HERH19D0017

68HE0923F0008 Toxic Release Inventory (TRI) 68HE0720F0008 Sustainable Materials Management: Food, Built Environment & Packaging 68HE0722F0096 R10 Targeted Brownfields Assessments

68HERH19D0018

68HE0920F0007 Targeted Brownfields Assessment (TBA) Support

68HE0922F0038 Targeted Brownfields Assessment (TBA) Support 2

68HE0922F0049 Romic Document Review Support

68HE0923F0090 Technical Assistance Support for RCRA/TSCA

68HE0720F0065 Technical Support at R10 Idaho, Oregon & Washington Facilities

68HE0722F0005 FMC Corporation Eastern Michaud Flats (EMF) Facility Enforcement Support

68HE0723F0078 North Slope Borough Compliance Support

68HE0723F0124 National Environmental Policy Act (NEPA) Compliance Support at Contaminated Alaska Native Claims Settlement Act (ANCSA) Lands

(ii) Estimated Value

Although the requested extension does not warrant an increase to the current IDIQ ceilings, the estimated value of the requested extension for each of the three (3) current IDIQ contracts (68HERH19D0016, 68HERH19D0017, and 68HERH19D0018) is outlined below, inclusive of and delineated as follows:

ESTIMATE FOR 68HERH19D0016

Type Duration Period Estimate Continuation of existing work, with maximum potential performance through May 13, 2025

6 months (up to 12 months, if utilized, as permitted by FAR 52.216-22 (d)

May 15, 2024 – May 13, 2025

$1,280,000

New work to be ordered through November 14, 2024, with maximum potential performance through May 13, 2025

$2,793,000

Total Estimate for Bridge Contract Extension for 68HERH19D0016 $4,073,000

ESTIMATE FOR 68HERH19D0017

Continuation of existing work, with

$1,165,170

New work to be ordered through November 14, 2024, with maximum

Total Estimate for Bridge Contract Extension for 68HERH19D0017 $3,958,170

ESTIMATE FOR 68HERH19D0018

Continuation of existing work, with

$6,039,000

New work to be ordered through November 14, 2024, with maximum

Total Estimate for Bridge Contract Extension for 68HERH19D0018 $8,832,000

The estimated amount for the requested bridge contracts is based upon the actual costs incurred during the last 12 months of performance under the existing task orders that were awarded competitively under the multiple-award IDIQ contracts. $2,793,000 is also included as the estimated amount for the capacity for additional anticipated in-scope work that will be subject to competition in accordance with FAR 16.505(b)(1) was derived based on the actual value of new task orders issued during calendar years 2022 and 2023, appropriately escalated to account for 5% in annual labor escalation over the time lapsed and rounded to the nearest whole ten-thousands. Reference Section 9, paragraph (ii) Cost, for additional details.

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

This Justification for Other Than Full and Open Competition (JOFOC) is being issued pursuant to the authority granted by 41 U.S.C.253(c) (1): Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.302-1.

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

The nature of the circumstances required to support the rationale for using the authority as cited under the previous section, “Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by paragraph 6.302-1 of the Federal Acquisition Regulations (FAR)”, is detailed below.

The requested bridge IDIQ contract vehicles are intended for BAH, ERG, and Toeroek to provide a continuation of the same scope of work at the current level of support that these contractors currently perform under the IDIQ contracts, and the program will continue to require after the current contracts expire on May 14, 2024, and until the follow-on recompete is competitively awarded and available for orders to be placed.

The contracts support EPA activities, as well as EPA coordinated efforts with states, tribes, and other Federal agencies, at private, state, and federal facilities, Indian Country, U.S. Territories, along the United States international borders, and further abroad. The activities required under these contracts support the RCRA mission-critical goals and other programs (e.g., CAA, CWA, TSCA, SDWA, FIFRA, CERCLA, RCC, P2, NEPT, EMS, Border 2012, EJ, CBEP, EPCRA, and Brownfields) or related Agency initiatives.

EPA lacks the manpower, equipment, institutional knowledge, and expertise to perform the mission-critical work provided under these contracts. Because of the multidisciplinary and highly specialized expertise, knowledge, experience, and performance required for the execution of the programs within the current contracts, the learning curve would be substantial for any new contractors to overcome immediately to maintain and provide sufficient levels of such mission-critical support that must continue without disruption until the new awards are issued. Therefore, while there are other companies in the market who can perform some of these mission-critical services (i.e., sampling and data review, records and data management, training, conferences, and public involvement), no other company was identified that can immediately perform all of the contract requirements for the entirety of the various multi-disciplinary RCRA and Brownfields Programs that Regions 2, 7, 9 and 10 are responsible for without resulting in the Agency being unable to meet its mission and result in endangerment to the public’s health, welfare and environment, in addition to presenting potential legal risks to the Agency.

Additionally, the introduction of a new company who is unfamiliar with the existing projects supported under these contracts to provide services during this brief temporary solution would be abruptly disruptive and detrimental to the Agency’s critical existing and future coordinated efforts with states, tribes and other Federal agencies, at private, state and federal facilities, Indian Country, U.S. Territories, along the United States international borders, and further abroad in supporting the RCRA and other programs mission-critical requirements. Further, a lapse in these critical services would result in the Agency being unable to meet its RCRA and other programs (e.g., CAA, CWA, TSCA, SDWA, FIFRA, CERCLA, RCC, P2, NEPT, EMS, Border 2012, EJ, CBEP, EPCRA, and Brownfields) mission requirements, resulting in endangerment to the public’s health, welfare, and environment. For example, the EPA RCRA and Brownfields Programs rely on the REPA contract support for program implementation in the non-authorized states of Iowa and Alaska, as required by law. A lapse in support services is also detrimental to the Agency’s ability to carry out its statutory mission to protect human health and the environment and would render the Agency incapable of ensuring compliance at thousands of waste-generating facilities across Regions 2, 7, 9 and 10 supported by these contracts. Because the services performed under the contract are critical, any lapse or disruption in the services provided would result in significant and unacceptable delays in providing sampling, analysis, and inspection support to the Agency, posing an immediate and extensive threat to the public, environment, wildlife, waterways, and land areas surrounding the sites, as demonstrated below:

• Task Orders 68HE0723F0012 and 68HE0723F0001 for RCRA Hazardous Waste

Direct State Implementation Facility Inspections for EPA acting for nonauthorized states. Regions 7 & 10 have specialized task orders where the regions implement the RCRA program for non-authorized states by providing corrective action, inspections & technical reviews for Iowa and Alaska facilities for compliance with federal regulations (such as 40 CFR 260-299) for RCRA & TSCA permits that have been issued. This work includes gathering information and evidence to determine and document facility compliance. The work also includes conducting a multimedia screening inspection at each facility, verifying facility information obtained from the RCRA Information database, and providing each facility with an assortment of compliance assistance information. EPA is the decision authority on which facilities will be inspected and is responsible for making all final determinations or conclusions. Regions 7 & 10 rely heavily on the REPA contract for RCRA work. Not having a contract vehicle impacts implementation of the RCRA program in the non-authorized states of Iowa and Alaska and in carrying out EPA’s mission to protect human health and the environment. Because Iowa and Alaska are non-authorized states, EPA is required by law to perform the above functions in those states. EPA cannot perform these functions without contractor support, so these task orders are absolutely mission critical. A lapse in service with either of these task orders would have far-reaching affects across not just local communities, but the entire states of Iowa and Alaska.

• Task Order 68HE0223F0027 follow-on for Hydrogeological, corrective action, and permit support for our Caribbean Environmental Protection Division (CEPD) and the Land, Chemicals, and Redevelopment Division (LCRD). The work under this critical task order involves regulatory and technical reviews of RCRA Facility Investigations (RFI), Corrective Measures Studies (CMS), Corrective Measures Implementations (CMI), and human health and ecological evaluations, including remedial monitoring performance, as applicable, for various facilities in the region.

RCRA regulated facilities in the region ongoingly submit Permits Applications/Work Plans/Reports, Closure Plans, Permit Modifications, hydrogeologic studies and other RCRA Corrective Action related documents, for which the contractors provide technical support and evaluations. Contractors also perform required field work if necessary, including RCRA sampling and assessment of groundwater monitoring wells. The contractors provide technical reviews of various documents related to the implementation and enforcement of these programs. A lapse in these services would endanger the Agency’s ability to fulfill these critical functions in and around local communities, thereby posing an immediate risk to the health and safety of the public/local community, environment, and wildlife surrounding the respective sites.

Task Order 68HE0223F0027 expired on February 15, 2024, but a follow-on cannot be awarded without sufficient time remaining on the contract.

• Task Order 68HE0222F0059 follow-on for Corrective Action and Permit Support for Hovensa and the Adjacent St. Croix Alumina Plume. The work under this task order is critical in providing Corrective Action and Permit Support at the former HOVENSA facility and the adjacent St. Croix Alumina Plume in St. Croix, Virgin Islands. The facility closed its petroleum refinery operations in February 2012, and a Trust was established with the responsibilities of continuing the required RCRA permitting and corrective action activities. These include closure and post-closure care, and remediating legacy contamination via RCRA corrective action. Additionally, a plume of contaminated groundwater migrated off-site to the adjacent former St Croix Alumina property. REPA contractors provide technical support in drafting a permit renewal for corrective action and/or post-closure care, in addition to providing technical evaluations of documents submitted under RCRA requirements. Contractors also provide technical evaluations of studies and conclusions submitted under the RCRA Corrective Action Order for the St Croix Alumina groundwater plume located on property adjacent to the former HOVENSA facility. A lapse in these services would endanger the Agency’s ability to fulfill these critical permitting and corrective action activities, thereby posing an immediate risk to the health and safety of the public/local community, environment, and wildlife surrounding the respective sites. Task Order 68HE0222F0059 expired on January 30, 2024, but a follow-on cannot be awarded without sufficient time remaining on the contract.

• Task Order 68HE0921F0035 for RCRA Records Management, FOIA and Notification. To support Region 9 EPA Land Division with RCRA-C records management, FOIA, hazardous waste notification support services and other related special projects that fall under record management. Records management support services include but are not limited to managing, organizing, cataloguing, and archiving hard copy and electronic RCRA-C records, and being onsite in the Records Center located in the Region 9 office in San Francisco. Hazardous waste activity notification program support includes: issuing, updating, and deactivating RCRA identification numbers for Region 9 facilities using the RCRAInfo national database; assisting facilities in submitting valid notification forms; identifying and researching non- standard notification and identification number issues; provide assistance relative to Notifications; resolve identified discrepancies; and, provide the regulated community with current information and, assistance. Notification support is primarily for territories where EPA is directly implementing the hazardous waste program on Tribal Land and un-authorized Pacific Island territories. FOIA management includes timely and accurate access to records to respond to Freedom of Information Act requests, prepare for litigation, develop enforcement cases, and support regulatory activities. Regulatory activities include official records of EPA decisions, document repositories or Administrative Records for LCRD-covered programs, notably site and handler related records for RCRA and PCB corrective action sites and permits. The contractor has two onsite contractors and two fully remote contractors who have been cleared for security under this existing contract. If there were to be a lapse in service of even one day, the contractor’s personnel would have to begin the onboarding process all over again, according to EPA HQ’s Personnel Security Branch, and that process can take between 2- 3 months or longer. If this critical support lapses by weeks, let alone months, lawyers and enforcement personnel who rely on the records center for providing facility information can lose their cases in court if they don't receive the documents needed in a timely manner. Generally, this information is needed urgently and sent to the lawyers and enforcement personnel immediately. Also, the program would not be able to process the Freedom of Information Act requests in a timely manner. By law, EPA has 20 days from the date of receipt to respond to a FOIA request. If a FOIA response is beyond 20 days, it is considered late and is reported to our Regional Administrator and EPA HQ.

Bringing in a new contractor at this point, when the competitive follow-on recompete is anticipated to be awarded in FY 2025, would require a full review and evaluation of a new firm’s capabilities to ensure the same level of service delivery and mission critical support capabilities.

Although the Agency is in the process of placing the follow-ons for new competitive contract vehicles, EPA will have no mechanism or ability to obtain or provide the critical and necessary RCRA and Brownfields Programs support once the current contracts expire. The time needed to issue a new competitively awarded vehicle is not available and would result in a lapse in service of Regions 2, 7, 9, and 10’s task orders and delay the award of the follow-on and new in-scope task orders for no less than 1 year. The services provided under these contracts, and the existing task orders, are not presently available on any other active EPA vehicle. Therefore, at this time, extending the period of performance of the current contracts and task orders to ensure services remain in place to support Regions 2, 7, 9, and 10’s mission is the only viable option to obtain the critical mission support services that are needed until the new competitive consolidated multiple award vehicles are awarded and orders are issued to replace the requirements currently supported under these contracts. It is not feasible to attempt awarding an interim contract solution this close to expiration of the existing contracts. This approach would likely result in duplicative costs on the Government and contractors part that would not be recovered through any savings that might be attained through competition. Due to this requirement not having duplicate services under numerous contracts, there is currently only one source, the existing contractors - BAH, ERG, and Toeroek, to obtain the specific knowledge and experience necessary to ensure no adverse impact to the sustained levels of existing support currently provided under these contracts.

Because this requirement is supported via a multiple award arrangement, all three (3) contractors compete for all work ordered in accordance with FAR Part 16.505(b)(l) "Fair Opportunity".

Therefore, in addition to being determined the best value to the Government at time of award, the existing contractors continue to provide the best value at the task order-level. The contractors have all refined the requisite skill sets and competitive pricing strategies to win task orders awarded under the multiple award vehicles. Throughout the life of these contracts, the contractors have also developed in-depth knowledge, experience, and possess the expertise that enables them to continue to provide excellent support to Regions 2, 7, 9, and 10 these contracts are used to support. The Contracting Officer has determined that the current contractors, BAH, ERG, and Toeroek, are more than capable and qualified to maintain support of the projects in progress under the existing REPA Zone 3 support contracts.

Based on the authorities cited within this section and the information supplied by the program office, no other contractor currently possesses the level of technical knowledge, skill, and proficiency to adequately continue support for existing projects under the REPA Zone 3 contracts.

BAH, ERG, and Toeroek are the only contractors capable of performing the required tasks in a seamless, timely, efficient, and cost-effective manner.

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.

Since this justification is for a bridge IDIQ contract solution to the existing suite of multiple-award IDIQ contracts (68HERH19D0016, 68HERH19D0017, and 68HERH19D0018), offers will not be solicited from any additional sources beyond BAH, ERG, and Toeroek.

As required by FAR 5.201(b) and in accordance with FAR 5.203(a), separate notices of the proposed contract actions (i.e., intention to negotiate sole source bridge contract extensions) for each of the contracts requested herein was published on April 10, 2024 at the Government Point of Entry (GPE) (https://www.SAM.gov) and are available at the following links:

• 68HERH19D0016: https://sam.gov/opp/9b3784886cd44d26a76e129576cc9cb2/view

• 68HERH19D0017: https://sam.gov/opp/d4ed0338db884c2ea7882e65ecb6b382/view

• 68HERH19D0018: https://sam.gov/opp/953ef68e450748ed9ae1d4005a67ec31/view

A copy of each of the notices are also attached hereto. All three (3) notices on SAM.gov closed on April 25, 2024. No responses or capability statements were received in response to the notices.

http://www.sam.gov/

In accordance with FAR 6.305, within 14 days after issuing the bridge IDIQ contract extension, this justification will be published (i.e., made publicly available) in accordance with FAR 5.301.

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 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 competitive recompete.

As stated above, the REPA requirements are currently being recompeted. A sources sought notice, a request for information (RFI), or a combined sources sought notice and RFI will be issued via both FedConnect and SAM.gov to identify interested open market sources. 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 current recompete, which will be a competitive acquisition in order to enhance competition. The Agency does not foresee any barriers that will restrict competition for the competitive follow-on procurement.

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:

The existing support services are currently being performed by BAH, ERG, and Toeroek under EPA contract numbers 68HERH19D0016, 68HERH19D0017 and 68HERH19D0018, respectively, which were competitively awarded in accordance with the policies and procedures governing competitive acquisitions under FAR Part 15, Contracting by Negotiation, on November 15, 2018. At the time of contract award, the labor rates, escalation factor, profit/fee, indirect rates, and total anticipated cost to the Government under the current REPA Zone 3 contracts were determined to be fair and reasonable as they were proposed under a competitive environment and based upon price analysis.

The government estimated amounts for the each of the requested bridge contracts are based upon actual experienced costs incurred during the last 12 months of performance under the existing task orders that were previously competitively awarded under the multiple-award IDIQ contracts.

Those amounts are consistent with previously approved historical pricing paid for the same or similar services as documented in more than five (5) years of expenditures under the contracts, escalated appropriately and reasonably over the elapsed time.

The Contracting Officer, in collaboration with the cognizant technical personnel, will ensure that the magnitude of effort and proposed cost for each of the of requested extensions be fair and reasonable, based on analysis and comparison with available historical data on actual costs under the previously competitively awarded contracts. However, given that these contracts were originally competed and awarded over five (5) years ago wherein the proposed/awarded costs were based on labor and indirect rates current at that time likely to have now changed, the new bridge contracts must be based on current pricing information.

Consequently, for the proposed non-competitive bridge contract extensions, the contractor’s proposal will be evaluated in accordance with FAR 15.404 price analysis requirements and procedures including the use of cost analysis techniques, as necessary, for use of updated rates http://www.sam.gov/ http://www.fedconnect.net/ and factors, and to evaluate data other than certified cost or pricing data to determine cost reasonableness or cost realism. The EPA contracting office will also perform other means of rate verification using information obtained through agency internal sources, such as the Financial Analysis staff within EPA, and external sources such as the Defense Contract Management Agency (DCMA) or the Defense Contract Audit Agency (DCAA). Nevertheless, the anticipated labor rates for the extensions are expected to be in line with the rates the Government has historically paid the contractor over the life of the contract, escalated appropriately and reasonably for currency. It is further noted that new task order awards will be subject to competition. Adequate price competition is expected to result in reasonable pricing for task orders. The performance of price analysis in addition to cost analysis will assure overall price reasonableness. The use of the above techniques and resources will ensure that the CO can determine a fair and reasonable price for the anticipated performance period(s).

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:

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 May 14, 2024.

The results of the market research indicated that the services currently provided by BAH, ERG, and Toeroek under 68HERH19D0016, 68HERH19D0017, and 68HERH19D0018, respectively, and the requirements that are anticipated to arise during the requested extension period, are not available on any other active EPA vehicle.

Market research was also conducted for the estimated amounts for the requested bridge extension period are based on historical expenditures under the multiple award contracts and respective task orders.

9. FAR 6.303-2(b)(9), Any other facts supporting the justification:

(i) Rationale

The REPA Zone 3 contracts are scheduled to expire May 14, 2024. The Regions that were covered under the existing REPA contracts (Regions 4, 5, and 6 under Zone 2 and Regions 2, 7, 9, and 10 under Zone 3) initiated collective preliminary acquisition planning for the follow-on effort in late 2022. Preliminary planning efforts consisted of adding many new requirements to the REPA Performance Work Statement (PWS), developing the Independent Government Cost Estimate (IGCE), and conducting preliminary market research. Through these preliminary planning efforts, the planning team members were informed that the follow-on would not just be a recompete of the same PWS providing support for just the current Regions covered under the existing REPA contracts, but would also encompass Regions 3 and 8 and OECA’s REPA mission support needs. As a result, the program acquisition planning team (APT) members determined there was considerable buy-in potential from Regions 3 and 8 and OECA that were not included or considered in the current PWS. Accordingly, since acquisition planning commenced, significant changes to the requirements for the follow-on requirement occurred which delayed development of the requirements package. Those changes necessitated multiple revisions to the requirements documents (i.e. PWS and IGCE) and potential acquisition strategy for the follow-on procurement. Those changes primarily resulted from: significant changes to the Agency’s requirements for Brownfields, TSCA, RCRA programs supported under the REPA contracts; Agency-wide efforts to align Brownfields Assessments; and the absorption of Regions 3 and 8 and OECA’s REPA requirements into a single consolidated REPA PWS. The revisions to the requirements included significant changes to, and multiple iterations of the contract-level/IDIQ PWS (last revised in November 2023) and the supporting independent government estimate for each revision of the contract-level/IDIQ PWS since acquisition planning commenced in late 2022.

At this time, using a sole source bridge extension to each of the three (3) contractors is the only option to obtain contractor support for the Agency to continue implementation the RCRA program in non-authorized states (i.e., Iowa and Alaska), conduct RCRA facility inspections, conduct enforcement actions, provide timely permitting, provide Brownfields support to local municipalities, and interact with the state and local communities, all of which must continue without disruption until the follow-on orders are competitively issued. BAH, ERG, and Toeroek are 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 effectively support Regions 2, 7, 9, and 10’s missions. This expertise enables these contractors to provide seamless REPA Zone 3 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 orders, the learning curve would be substantial and impractical for a new contractor within the less than two (2) months remaining in the current contracts’ periods of performance.

Awarding a new short-term contract vehicle to different contractors this close to the current contracts expiring and while the competitive follow-on is underway would result in duplicative costs that would not be recovered through any savings that might be netted through competition.

Bringing in a new firm in at this point, when a new competitively issued vehicle is anticipated to be awarded in FY 2025 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 12 months. The time needed to issue a new competitively awarded contract vehicle is not available with less than two (2) months remaining in the current contracts’ periods of performance and it would result in the Agency having no ability to provide adequate and timely REPA Zone 3 mission support for no less than 12 months.

The Agency is in the process of recompeting the REPA Zone 3 requirement, which is currently anticipated to be awarded in FY 2025. While the Task Order requirements are anticipated to be transitioned to the new 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 current contracts expire on May 14, 2024. This puts the current work under the active task orders in critical jeopardy of a performance lapse until the follow-on task orders can be competitively awarded. Therefore, the requested sole source bridge IDIQ extensions are necessary to ensure these mission support services continue while the Agency recompetes the multiple-award consolidated REPA requirements and the competitive order recompetes thereunder.

Even if the awards resulting from the recompete was to be awarded now (i.e., before the current contracts expire), there is insufficient time remaining to allow the Contractors to adequately transition all critical information (i.e., all records, data, in progress activities, and institutional knowledge) and activities to the successor contractor(s). Transitioning the critical information and activities is anticipated to take no less than three (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 three (3) months. Therefore, this justification includes sufficient ceiling to cover BAH, ERG, and Toeroek’s transition activities and sustained levels of current support until such time (three (3) months into performance under the new award) the successor contractor(s) is/are able to adequately sustain them.

The bridge IDIQ contracts contain FAR 52.216-22 Indefinite Quantity (Oct 1995), which will allow existing task order performance to continue for up to 180 days beyond the IDIQ contract ordering period expiration date, or currently through November 10, 2024. The requested extension of the IDIQ ordering period would allow existing task order performance to continue through May 13, 2025 while the new ordering vehicles are awarded and new competitively awarded task orders are issued.

The extension period requested via this bridge JOFOC aligns with the projected award timeline for the consolidated multiple award recompete and the competitive task order recompete process thereunder.

(ii) Cost

68HERH19D0016 68HERH19D0017 68HERH19D0018

Existing Contract Ceiling $30,000,000.00 $30,000,000.00 $30,000,000.00 Expended to Date Under Existing Contract $2,938,182.40 $1,908,369.11 $13,845,342.13 Available Ceiling to Utilize Under Extension $27,061,817.60 $28,091,630.89 $16,154,657.87 Estimated Value of Bridge Contract Extension (Continuation of Existing Work and New Work)

$4,073,000

$3,958,170

$8,832,000

There is sufficient ceiling capacity remaining under the existing IDIQ contracts to support the requested IDIQ extension of 6 months and Task Order extensions through a maximum date of May 13, 2025 (as permitted by FAR 52.216-22 (d)). This extension of current Task Orders and any Task Orders and/or projects awarded under the extension will not result in an increase in the IDIQ contracts’ price ceilings and, therefore, will result in no increase in the current IDIQ ceilings. Therefore, the existing total contract ceiling amounts will remain as stated in the table above as a result of executing the modifications to extend the contracts’ ordering periods by 6 months.

(iii) Period of Performance

• Existing ordering period / period of performance expiration date for 68HERH19D0016, 68HERH19D0017, and 68HERH19D0018: May 14, 2024

• Requested IDIQ contracts’ period of performance extension: May 15, 2024 – November 14, 2024

• Previous approved bridge IDIQ extensions: None

(iv) Follow-on

As indicated in the attached milestone schedule, the Agency is in the process of recompeting the consolidated multiple-award requirement, which are currently anticipated to be awarded in FY 2025.

(v) Previous Bridge Justifications

Not applicable. No previous bridge extensions have been requested or executed under the REPA Zone 3 contracts.

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

The published notices closed on April 25, 2024. As stated in the notice, pursuant to FAR 5.207(c)(16)(ii), all responsible sources may submit a capability statement which shall be considered by the agency. Capability statements were required to be received within the time set forth in the published announcement to be considered by the Government. No responses were received in response to the notices.

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 required:

Any new task order requirements that arise within the scope of the multiple-award contracts during the extended bridge solution ordering period will be competed amongst the IDIQ contract holders (BAH, ERG, and Toeroek) in accordance with FAR 16.505(b)(1). Accordingly, EPA has considered and determined there are no outstanding barriers to competition to remove or overcome in order to execute the requested bridge extension of the current IDIQs, or in the issuance of a new competitively awarded follow-on contracts and/or task orders under the consolidated multiple award recompete that is currently anticipated to be awarded in FY 2025.

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:

I hereby certify that this justification is accurate and complete to the best of my knowledge belief.

JESSICA WHITE Digitally signed by JESSICA WHITE Date: 2024.05.01 10:00:05 -04'00'

Jessica White Date Contracting Officer

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 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 other than full and open competition) and which form a basis for this justification is complete and accurate:

Will LaBombard Date Contracting Officer Representative (COR) Region 6 Land, Chemical, and Redevelopment Division

14. REVIEW. In accordance with FAR 6.304(a)(3) and EPAAG 1.6.1-A, Item 8b for actions within the thresholds set forth in FAR 6.304(a)(3):

Scott Tharp Date Division Director Office of Mission Support (OMS) Office of Acquisition Solutions (OAS) Headquarters Acquisition Division (HQAD)

Digitally signed by TOMMIE

TOMMIE MADISON MADISON

Date: 2024.05.07 07:41:34 -04'00'

Tommie Madison Date Agency’s Advocate for Competition (AAC) Office of Mission Support (OMS) Office of Acquisition Solutions (OAS)

WILLIAM

LABOMBARD

Digitally signed by WILLIAM

LABOMBARD

Date: 2024.05.01 08:19:15 -05'00'

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (BRIDGE)

In accordance with FAR Subpart 6.302-1 for RCRA Enforcement, Permitting and Assistance (REPA) 6 Zone 3 for EPA Regions: 2, 7, 9, and 10

15. APPROVAL. In accordance with FAR 6.304(a)(3) and EPAAG 1.6.1-A, Item 8b for actions within the thresholds set forth in FAR 6.304(a)(3):

Pamela Legare Date Director, Office of Acquisition Solutions Head of Contracting Activity & Senior Procurement Executive U.S. Environmental Protection Agency