For HCA-SPE Rvw-Aprvl-Sgntr SS Justfctn-Bridge-Ceilng-ASPECT.pdf

Sole Source Justification (SSJ) – Bridge In Accordance with FAR Subpart 8.4011 and EPA Policy (EPAAP) Subsection 6.3.1

Airborne Spectral Photometric Environmental Collection Technology (ASPECT) Program Data processing, Development and Sensor Support Services (DPDS)

Contract No. GS-00F-343CA, EPA Delivery/Task Order No. 68HERH21F0172

1. Identification of the agency and contracting activity.

Agency: Environmental Protection Agency Contracting Activity: Office of Finance and Administration (OFA)

Office of the Chief Procurement Officer (OCPO) Land, Enforcement, and Air Division (LEAD)

Program Office: Office of Land and Emergency Management (OLEM)

Office of Superfund and Emergency Management (OSEM)

Program POC: Paige Delgado, OLEM/OSEM/ERT-CBRN

Project Identification: Environmental Response Team and CBRN Division (ERT-CBRN) Airborne Spectral Photometric Environmental Collection Technology (ASPECT) Program Data processing, Development and Sensor Support Services (DPDS)

Proposed Source(s): Kalman & Company, Inc.

Contract/Order No: GS-00F-343CA/68HERH21F0172

2. Nature and/or description of the action being approved.

The purpose of this sole source justification is to obtain approval for a logical follow-on “bridge” to extend the period of performance by a maximum of 18 months and a commensurate increase in the capacity (i.e., ceiling) of EPA’s Delivery/Task Order (DOTO) No. 68HERH21F0172 under GSA Schedule Contract no. GS-00F-343CA, with Kalman & Company, Inc. (“Kalman”) by an estimated amount of $2,734,276.17 (or 30%) to ensure continued support of EPA's airborne real-time chemical, radiation and photographic data collection ASPECT platform and mission critical ongoing maintenance of the ASPECT sensors, data processing, and analysis continues as the Agency completes the competitive ASPECT Data Analysis and Sensor Support Services (DASS) follow-on.

1 This reference is to deviated Federal Acquisition Regulation (FAR) language for FAR Part 8, in Support of Executive Order 14275 on Restoring Common Sense to Federal Procurement. FAR Section 8.401(b) states that when placing an order under the FSS, agencies must follow the ordering procedures established by GSA and found at Subpart 538.71 https://www.acquisition.gov/fss-ordering-procedures. Subpart 538.7104-3 applies, requiring ordering activities to justify its action when awarding on a sole source basis in accordance with this subsection.

https://www.acquisition.gov/fss-ordering-procedures

The requested bridge extension is intended to be executed as a bilateral modification to the existing DOTO to add a new Contract Line Item (CLIN) for an additional 12 months of performance (July 8, 2026 – July 7, 2027). This justification also includes an optional extension period of six (6) months (July 8, 2027 – January 7, 2028) and associated ceiling pursuant to FAR 52.217-8, Option to Extend Services, for which the authority is already contained in the DOTO but there is insufficient ceiling to exercise.

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 general mission of EPA’s ERT-CBRND is to provide multidisciplinary technical expertise to the Superfund program including homeland security activities. The primary function of ERT- CBRND is to provide expert scientific engineering and technical support for:

• Execution of the Agency’s Primary Mission Essential Function to respond to environmental and health threats:

o Prevent, limit mitigate or contain chemical, oil, radiological, biological and/or natural or man-made disasters in designated zones of the United States, and provide environmental monitoring, assessment, and reporting in support of overall domestic incident management.

• Providing timely and effective remote and direct field support at contaminated sites (e.g., remedial, removal, and federal facilities).

• Managing operation of deployable national assets and fixed/mobile laboratories, providing analytical support and developing new methods for environmental sampling and testing.

ERT-CBRN operates and owns a standoff detection system referred to as the ASPECT system that provides airborne, real-time chemical, radiological, situational information, and photographic data collection to inform the first responder during times of need. ASPECT can detect and identify toxic industrial chemicals, Chemical Warfare Agents, surface oil and radiation sources, and produce thermal and photographic images. ASPECT aerial data collection supports the EPA Regional Superfund Programs during emergency responses, removal actions, and emergency preparedness activities. The ASPECT system has a mandate to provide emergency response services to a wide range of chemical/radiological emergency situations including actual or threatened releases, Special Event Assessment Rating (SEAR) events and Nationally Significant Security Events (NSSE). Consequently, it must be maintained at the highest operational readiness standard and must apply the highest quality, scientifically vetted detection and data processing algorithms.

The ASPECT DPDS DOTO provides mission critical services ongoing maintenance of the ASPECT sensors, data processing and analysis, including: routine/scheduled maintenance, emergency repairs/maintenance, and system testing/evaluation; and specialized spectroscopy expertise, including hardware/software algorithm development, geospatial software development support, software integration, detection algorithm development, advanced infrared and radiological detection system development, advanced research and development, hardware and software system operation and maintenance, and aerial photographic/imaging systems integration support.

Contractor support is required due to the highly specific subject matter expertise required for sensor system operations, maintenance, and data analysis not currently available within the Agency.

There are presently no other contractors capable of stepping in to support the immediate needs of the ASPECT DPDS program without causing detrimental and significant impacts (detailed in Section 9 herein) to the program’s mission if the bridge extension is not processed to extend performance beyond the current expiration date of July 7, 2026. In addition to the above-listed existing work that must continue without disruption, this request also includes capacity for OLEM/OSEM ERT-CBRND to execute in-scope mission-critical work that may arise during the DPDS bridge performance period.

(ii) Estimated Value

The estimated value of the requested bridge extension is outlined below, inclusive of labor and other direct costs and delineated as follows:

Type Duration Period Estimate Base extension of existing support 12 months July 8, 2026 - July 7, 2027 $1,798,865.90 Option to Extend Services, if exercised pursuant to FAR 52.217-8 6 months July 8, 2027 – January 7, 2028 $935,410.27

Total Estimate for Logical Follow-on Bridge Extension for GS-00F-343CA/68HERH21F0172 $2,734,276.17

The estimated amount for the requested bridge contract is based upon actual costs incurred during the last 12 months of performance under the existing DOTO that was awarded competitively under GSA Multiple Award Schedules (MAS). The cost estimates above include capacity for additional anticipated in-scope work under the DPDS Bridge contract based on the program’s projections for work that are anticipated to arise during the above stated bridge period of performance.

4. Identification of the statutory authority permitting other than full and open competition.

In accordance with FAR (GSAR) Subpart 538.7104-3(b)(1)(iii), this justification is for a logical follow-on to a DOTO, 68HERH21F0172, awarded against an original Federal Supply Schedule Contract GS-00F-343CA.

5. The authority and supporting rationale, and, if applicable, a demonstration of the proposed contractor's unique qualifications to provide the required supply or service.

DOTO 68HERH21F0172 was originally competed as a small business set-aside under GSA’s Professional Services Schedule (PSS), SIN 541330 ENG for Professional Services - Technical and Engineering Services (non-IT) utilizing NAICS code 541330 Engineering Services. In accordance with applicable Federal Supply Schedule and set-aside ordering procedures, the competition resulted in an award to Kalman on July 7, 2021, with a total ceiling of $8,783,086.80, inclusive of all labor and ODCs for a 12-month base period and four (4) 12-month option periods. This ceiling was deemed sufficient at the time of award for providing ASPECT Data processing, Development and Sensor Support Services through the maximum period of performance end date of July 7, 2026.

In the interest of economy and efficiency, the proposed bridge extension is a logical follow-on to the current DOTO. The sole source logical follow-on is intended for Kalman to provide the same scope of work and level of support as currently provided under the DOTO which the program will continue to require after the current DOTO expires on July 7, 2026, but under the requested extended period. The Government does not anticipate any change to the existing scope during this extension period.

The Contracting Officer has determined that the only way to ensure the critical services performed under the DPDS DOTO continue uninterrupted is to obtain support for these services through the current contractor, Kalman. Over the life of the DPDS contract, this contractor has 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 experience and familiarity with the ASPECT DPDS program enables Kalman to seamlessly support the mission critical DPDS requirements. Because of the specific knowledge and performance required for the execution of the tasks within the current DOTO, the learning curve would be substantial and impractical for a new contractor to be introduced within the short time remaining in the current DOTO period of performance. Therefore, there are presently no other contractors other than Kalman capable of supporting the ASPECT DPDS program’s technical needs until award of the future ASPECT DASS technical support contract. The DPDS bridge extension to the DOTO is critical to support the immediate and on-going mission critical needs of the ASPECT program without causing detrimental delays to EPA’s emergency response mission.

Due to the highly specialized nature of the ASPECT program sensing systems and data services, few firms exist who provide similar services. Furthermore, the introduction of a new contractor who is unfamiliar with the ASPECT sensing systems and services provided under the DPDS DOTO to provide the mission critical services as a brief temporary solution would be detrimental to the Agency’s critical existing and future efforts in multiple areas. Those areas include: a) ongoing maintenance of the ASPECT sensors, data processing and analysis, including routine/scheduled maintenance, emergency repairs/maintenance, and system testing/evaluation; b) specialized spectroscopy expertise, including hardware/software algorithm development, geospatial software development support, software integration, detection algorithm development, advanced infrared and radiological detection system development, advanced research and development, hardware and software system operation and maintenance, and aerial photographic/imaging systems integration support.

Contractor support is required due to the highly specific subject matter expertise required for sensor system operations, maintenance, and data analysis. A lapse in these critical services would result in the Agency being unable to meet its mission and endangerment to the public’s health, welfare, and environment.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by Part 5 and, if not, which exception under Part 5 applies.

The publication requirements of FAR Part 5 do not apply. In accordance with FAR (GSAR) Subpart 538.7104-3(b)(3), within 14 days after executing the modification to extend the current DOTO, a copy of this justification will be posted and 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, for a minimum of 30 days.

https://www.sam.gov/ https://www.fedconnect.net/

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 ASPECT Data Analysis and Sensor Support Services (DASS) follow-on/recompete, which will be conducted as a competitive acquisition.

7. Determination by the ordering activity Contracting Officer that the order represents the best value.

The current DOTO was issued against GSA’s Professional Services Schedule (PSS), SIN 541330 ENG for Professional Services - Technical and Engineering Services (non-IT). Pursuant to FAR (GSAR) Subpart 538.7102-2(d)(2), ordering activities are not required to make a fair and reasonable price determination for Federal Supply Schedule (FSS) products, services, or solutions at the order level as FSS contract pricing has been determined fair and reasonable. The DOTO was placed utilizing the competitive procedures of FAR 8.405-2, indicating the Contracting Officer’s determination that the proposed pricing for the DOTO was fair and reasonable and the DOTO represents the best value in meeting the Government’s needs for ASPECT DPDS services.

Because the logical follow-on will be a continuance of the same scope and level of support provided under the existing DOTO which has already been determined to represent the best value in meeting the Government’s need at pricing offered under the same GSA Schedule Contract, GS-00F-343CA, the Contracting Officer has determined that the logical follow-on represents the best value in meeting the Government’s needs for continued ASPECT DPDS services.

Services offered on the schedule are priced either at hourly rates, or at a fixed price for performance of a specific task (e.g., installation, maintenance, and repair). Although GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable, the Contracting Officer will conduct a separate price evaluation considering the level of effort and the mix of labor proposed to perform the requirements under the bridge extension period to make an affirmative determination that the anticipated pricing is reasonable prior to issuance of the extension modification. Labor rates that are proposed consistent with (i.e., equal to or less than) the contractors’ GSA schedule rates covering the extension periods will be considered reasonable. The Contracting Officer will also request additional discounts from the established GSA pricing. The Contracting Officer will consider, if proposed by Kalman, application of an escalation factor to the labor rates for which such a factor would apply, consistent with any annual escalation allowable under its GSA Schedule labor rates and/or historically under the DOTO, provided the escalation rate is determined reasonable by the CO. Kalman will also be instructed to propose pricing based on maintaining a level of effort and ODCs that are consistent with the current levels provided for these services.

In the event Order Level Materials (OLM) are proposed for the extension period as Other Direct Costs (ODCs) and included in the commensurate ceiling increase, FAR (GSAR) Subpart 538.7104- 2 does not require the Contracting Officer to make a price determination for each proposed OLM prior to award, or in this case, execution of the intended modification. Therefore, the Contracting Officer will analyze each of the proposed OLMs as required by FAR (GSAR) Subpart 538.7104-2 to ensure each are reasonably priced prior to the contractor incurring those costs.

8. Description of the market research 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 July 7, 2026. The results of the market research indicate that the services provided by Kalman & Company Inc., under the current DOTO, are not available on any other active EPA vehicle.

Market research was also conducted for the estimated amounts for the requested bridge period, which are based on historical expenditures under the DOTO. Additional market research was conducted to confirm the full range of labor categories needed to continue performance of the existing work and accommodate new in-scope work that was available under Kalman’s GSA Schedule Contract, GS-00F-343CA.

9. Any other facts supporting the justification.

(i) Rationale

The DOTO, 68HERH21F0172, was awarded on July 7, 2021 with a 12-month Base Period and four (4) 12-month option periods and was originally scheduled to expire at the conclusion of Option Period 4 on July 7, 2026. Acquisition planning for the follow-on effort began during Option Period 3 of the DOTO as early as August 2024 when there was more than sufficient time to recompete this requirement prior to the current DOTO expiring. However, acquisition planning was paused by OLEM due to the need to review the overall ASPECT program and make a determination on its future.

The ASPECT program supports EPA emergency response and removal actions with aerial chemical and radiological data collection. The current ASPECT sensing platform is the only aircraft with its’ unique capabilities and supports all EPA Regions simultaneously. The DPDS DOTO is responsible for the functionality of the ASPECT sensors and analysis/presentation of the data collected by the ASPECT platform. Without the DPDS support, the ASPECT sensors will not be maintained and the data will not be processed or presented to emergency first responders. The functionality of the ASPECT program depends upon the DPDS support;

without the extended period of performance requested, the ASPECT program will no longer support EPA’s mission of conducting emergency responses and removal actions. The following capabilities unique to the ASPECT program will no longer be available to the EPA Regions and their communities:

• Loss of Aerial Photography and Thermal Imaging Capability:

After a major disaster like a hurricane, ASPECT can rapidly provide initial damage assessment across wide areas and can help identify major hazards when roads are impassable to ground vehicles.

• Loss of Aerial Recoverable Oil Detection on Open Water Capability:

ASPECT’s Infrared Line Scanner (IRLS) has the unique ability to detect surface oil on open water. This capability was used extensively during the Deep Water Horizon response to help direct oil recovery operations, and it was requested by the Louisiana Oil Spill Coordinator’s Office (LOSCO) to look for oil spills along the Louisiana coast after Hurricane Ida.

• Loss of Aerial Toxic Industrial Chemical Sensing Capability:

ASPECT’s Fourier Transform Infrared Spectroscopy (FTIR) is, to the best of the program’s knowledge, the only field-deployable remote chemical detection and identification system in the nation’s emergency response community. This capability is most useful for very large fires involving hazardous chemicals and can provide critical first-on-the-scene information about the extent of the hazard, including identification of the chemicals involved and the dimensions of the plume. The On Scene Coordinators (OSC), or first responders, are not equipped with remote chemical sensing equipment and must rely on chemical sensors that physically sample the air, requiring them to be in the plume to get readings, which can potentially pose a risk to the responders. ASPECT also can arrive on scene much quicker in many instances than ground vehicles. The program views aerial toxic industrial chemical as the most significant capability that will be lost if ASPECT is decommissioned, due to its unique nature and difficulty replicating with existing federal programs.

• Loss of Aerial Chemical Warfare Agent Sensing Capability:

ASPECT’s Fourier Transform Infrared Spectroscopy (FTIR) is, to the best of the program’s knowledge, the only field-deployable remote detection and identification system in the nation’s emergency response community for the more volatile chemical warfare agents. This capability would be most useful for large scale or wide area outdoor releases of aerosolized chemical warfare agents with enough volatility to remain airborne for some time.

• Loss of Aerial Radiological Detection – Emergency Response Capability:

ASPECT can perform assessments in the aftermath of improvised nuclear devices such as radiological dispersal devices (i.e., dirty bombs), large-scale industrial releases of radiological material, and lost/stolen radiological sources.

• Loss of Aerial Radiological Detection – Legacy Contamination Surveys Capability:

ASPECT can perform radiological surveying and source location; e.g., for Manhattan Project-related contamination.

The detrimental impact of an interruption in these critical services is significant as indicated above. The need to continue the mission critical services supporting emergency response first responders to protect human health, welfare, and the environment under the DOTO outweighs the time and resources that have been necessary to implement the revised requirements and Administration priorities.

Over the life of the current DOTO, Kalman has developed a strong knowledge base, and acquired expertise specific to the program and processes that are critical to carrying out tasks efficiently and effectively. The experience and familiarity with existing projects enable Kalman to continue providing seamless DPDS support 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 any other contractor. Expiration of the current DOTO will render the Agency incapable of providing mission-critical support services, such as those detailed in Section 3. herein and above. Although there are other contractors under existing EPA vehicles, best-in-class vehicles, and other preferred and mandatory sources (e.g. GSA Schedules) that may be capable of performing the current DPDS requirements, there are no other contractors capable of stepping in to support the immediate needs that are currently being performed under the existing DOTO without causing detrimental delays to the program’s mission. Award to a source other than the incumbent would cause the Agency to incur additional, duplicative, or excessive costs that are not expected to be recovered during the bridge period of performance. Specifically, the government has already incurred costs associated with the current technical expertise associated with the incumbent.

The incumbent possesses unique, program-specific knowledge of the current systems and government requirements that they have gained over the life of the current DOTO period of performance. Recreating this knowledge base in the short amount of time left in the current DOTO performance period would cause unnecessary duplication of previously incurred costs.

During transition, the government would experience reduced productivity while continuing to pay full contract rates for diminished performance. Since this program runs on an emergency response model, it would take significant time and government resources to transition to a new contractor to ensure they are able to perform effectively. The new contractor would require time and government resources that are not available to gain familiarity with existing systems and tools and require data analysis.

The ASPECT program is supported under two separate critical contract vehicles: the DPDS DOTO (for which the bridge extension is requested herein) and a separate Indefinite Quantity/Indefinite Delivery (IDIQ) contract for the Airborne Response Support Services (ARSS). The ARSS contract provides the ASPECT aircraft and crew who fly the plane and operate the sensors. Without the DPDS bridge extension and commensurate ceiling increase, the ASPECT program will be unable to function, which will require EPA to terminate the ARSS contract and decommission the ASPECT aircraft at a significant cost to the Government.

Therefore, moving forward with an extension of the current DOTO is essential to ensure critical support services are uninterrupted until a competitive follow-on contract vehicle is awarded is the only option to maintain these services and is in the best interest of the Government. A maximum of 18-month extension with the existing contractor will ensure sustained levels of mission critical support for emergency first responders, continuity of services, and adequate support for the Agency’s protection of human health, welfare, and the environment.

Although FAR 52.217-8, Option to Extend Services, is contained in the DOTO, there is insufficient ceiling remaining on the DOTO to exercise this option and the extended time afforded under the clause of a maximum of six (6) months is not sufficient time to place a competitive follow on.

(ii) Cost

• Current DOTO ceiling is $8,983,363.13. To date, $8,836,871.10 has been obligated and $8,117,094.16 has been expended under the existing ceiling, inclusive of all periods.

• Current estimated bridge extension cost is $2,734,276.17 (for a maximum of 18 months).

(iii) Period of Performance

• Existing period of performance expiration date: July 7, 2026

• Requested bridge extension period of performance: July 8, 2026 – July 7, 2027 (Base extension of 12 months) and July 8, 2027 – January 7, 2028 (Optional extension of up to 6 months total pursuant to FAR 52.217-8)

(iv) Follow-on

Formulation of the competitive recompete requirement for ASPECT Data Analysis and Sensor Support Services (DASS), which will replace the existing DPDS DOTO, is ongoing with award anticipated for FY 2027. Preliminary market research for the recompete is anticipated to be concluded by the Fall/Winter of FY 2027, the results of which will be utilized to finalize the DASS requirements for the program to submit the formal APP package.

(v) Previous Bridge

Not applicable.

10. Actions, if any, the Agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition of the supplies or services is made:

No barriers to future competition exist, as the follow-on requirement will be solicited from as many sources as practicable. Since this sole source justification is for a logical follow-on, offers/quotes will not be solicited from any additional sources beyond Kalman for a continuation of services and support under the requested extension period currently provided under DOTO 68HERH21F0172.

EPA’s requirements for the DASS re-competition will comply with all the requirements of a competitive acquisition.

11. The ordering activity 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.

Jessica White Date [if not electronically signed]

Branch Manager / Supervisory Contracting Officer OFA/OCPO/LEAD/OLEM & OECA Procurement Branch

12. 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 sole sources) 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 sole sources) and which form a basis for this justification is complete and accurate:

Date [if not electronically signed]

Contracting Officer Representative (COR)

OLEM/OSEM/ERT-CBRN

Paige Delgado

Digitally signed by JESSICA

Sole Source Justification (SSJ) – Bridge In Accordance with FAR Subpart 8.4011 and EPA Policy (EPAAP) Subsection 6.3.1

Airborne Spectral Photometric Environmental Collection Technology (ASPECT) Program Data processing, Development and Sensor Support Services (DPDS)

Contract No. GS-00F-343CA, EPA DOTO No. 68HERH21F0172

Concurrence and Approval (In accordance with EPAAP 1.6.1-A, Item 8a for actions within the thresholds set forth in FAR 6.104-2)

Concurrence:

Celia Vaughn Senior Policy Advisor Office of Finance and Administration, Office of the Chief Procurement Officer

HCA APPROVAL, to waive the six (6) month limitation on bridge justifications in accordance with EPAAP 6.3.1.4:

Pursuant to EPAAP Subsection 6.3.1 –Bridge Justification for Other Than Full and Open Competition (January 2018), a waiver to the agency six-month bridge duration limitation is granted. The signature below further represents approval of the sole source justification, based on the authority of FAR (GSAR) Subpart 538.7104-3(b)(1)(iii), that this action should be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an FSS order already issued on a competitive basis.

Stefan Martiyan Director, EPA/OFA/Office of Chief Procurement Officer (OCPO) Head of the Contracting Activity and Senior Procurement Executive

CELIA VAUGHN Digitally signed by CELIA VAUGHN Date: 2026.06.01 18:08:28 -04'00'