Final LSJ_Bridge Vehicle_Smart Tools AAC Signature 062922_.pdf

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON DC 20460

OFFICE OF MISSION SUPPORT

Bridge Vehicle Justification for Other Than Full and Open Competition Under the Authority of FAR 8.405-6, Federal Supply Schedules EPA Task Order No. GS-35F-0166V/EP- G17H-01433

This acquisition is to be conducted under the authority of the Multiple Award Schedule (MAS) Program/Federal Supply Schedule (FSS). This document sets forth the justification for award on a limited source basis requirement per Federal Acquisition Regulation (FAR) 8.405- 6(a)(1)(i)(B): “Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized”.

1. Identification of the agency and contracting activity.

The requiring activity is the United States Environmental Protection Agency (EPA), Office of Enforcement Compliance Assurance (OECA), Office of Compliance (OC) in Washington, DC. The contracting activity is EPA Office of Acquisition Solutions (OAS), Information Technology Acquisition Division (ITAD) in Research Triangle Park, NC.

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

This action is for the approval of a Limited Source Justification (LSJ) for the Sole Source Award of a six (6)-months with two (2), three (3)-month option periods bridge vehicle to EPA Task Order No. GS-35F- 0166V/EP- G17H-01433. EPA intends to utilize this LSJ bridge vehicle to extend the current time and material order. Previously, a six (6)-months extension utilizing FAR 52.217-8, Option to Extend Services (NOV 1999), from April 29, 2021, to October 29, 2021was put in place. Following, a four- month bridge vehicle utilizing FAR 8.405- 6(a)(1)(i)(B): “Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized”, extending the task order from October 30, 2021, through February 28, 2022, and a subsequent four-month bridge vehicle extending the task order from March 1, 2022, through June 30, 2022. The re-competition for these services is scheduled to be completed during this bridge vehicle period. The purpose of this document is to justify the need to extend the period of performance an additional six (6)-months (July 1, 2022, through December 31, 2022), with two (2) three (3)-month option periods to prevent a lapse in services while this office processes the re-competition and awards the follow-on task order.

As described in more detail below, these services are critical to the continuity of the Office of Enforcement Compliance Assurance (OECA), Office of Compliance (OC) while the new task order is sent out for quotation response and subsequently award. A lapse in contractual support would have a significant adverse impact on EPA.

The current Order vehicle, GS-35F-0166V/EP-G17H-01433 shall be extended on a limited source basis to Plateau Software, Inc., located at 2701 Prosperity Avenue, Suite 205 Fairfax, VA in accordance with (FAR) 8.405-6(a)(1)(i)(B). This is done to provide the ability to complete the existing customization on Plateau Software, Inc.’s COTS over the period of this extension to meet EPA’s needs.

The Office of Enforcement and Compliance Assurance (OECA) provides this LSJ since only one source, Plateau Software, Inc., possesses the capability to provide the necessary programming and maintenance services for its proprietary “intellectual property” software database. The continuing use of the existing proprietary software supplies and related services are required because the software coding is unique; Plateau Software, Inc. owns the code, and the maintenance is highly specialized.

Transitioning to another mobile field inspection software platform will result in duplication of efforts; retraining of EPA, state and tribal officials; and the additional expense of maintenance on multiple smart tool database assets and potentially equipment. This would be both cost and time prohibitive to the users of this mobile field inspection software platform at this stage in the implementation of the Smart Tools Program. It is not feasible for another vendor to gain the required knowledge in this short timeframe without service disruption.

Contract, GS-35F-0166V/EP-G17H-01433 was solicited and competed as a full and open GSA MAS requirement for one (1) base year and two - (2) option periods. This contract had a 6-month extension prior to the previous two 4-month bridge vehicles. This software platform supports inspection planning and management, field data collection, and evidence management. This integrated suite of digital tools improves the quality, consistency, and timeliness of environmental inspections.

The EPA plans to continue current implementation efforts of the existing “Smart Tools” platform to its regional offices and to state, tribal and local partners, who perform the bulk of environmental compliance inspections. The Smart Tools project team, in partnership with ECOS and state associations, intends to continue enhancing Smart Tools version 1.0 for RCRA and version 2.0 for NPDES based on input from EPA and state RCRA/NPDES inspectors who are implementing these software modules in the field. In addition, EPA intends to complete the development of the Underground Storage Tank (UST) and Good Laboratory Practices (GLP) modules during this extension. Lastly, EPA plans to continue partnership with its co-regulators (states, tribes, local government) to extend the Smart Tools application to other federal environmental programs in the future (i.e., Clean Air Act (CAA), Toxic Substances Control Act (TSCA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Safe Drinking Water Act (SDWA), Emergency Planning and Community Right-to-Know Act (EPCRA), and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) implemented jointly between federal and state/local/tribal governments. The current governance structure for EPA’s Smart Tools platform is as follows:

• Representatives of State Associations - the Environmental Council of the States

(ECOS), the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) and the Association of Clean Water Administrators (ACWA) participate in all three levels of the Smart Tools Governance structure

• Federal senior managers, middle managers and expert staff

• ASTSWMO and ECOS members

• Representatives from five (5) states that are currently participating, AR, DE, IN

MD, MO

This bridge vehicle GSA task order will ensure the continuity of these services for an additional six (6)-months with two (2), three (3)-month option periods while the follow-on order can be awarded.

3. Description of the supplies or services required to meet the agency’s needs (including estimated value).

During this bridge vehicle, EPA intends to do the following: provide top notch user and operations/maintenance for existing users of both Smart Tools for Resource Conservation Recovery Act (RCRA) and National Pollutant Discharge Elimination System (NPDES), deliver high priority enhancements to the existing software; complete development of a minimally viable product (MVP) containing inspection checklist for the federal UST program and the process-based software for the GLP program under FIFRA and TSCA.

The development of these two programs began in the original 6-month extension in 2021.

One key aspect of the role of Office of Compliance (OC) in national compliance monitoring program management is ensuring that environmental inspectors are adequately trained, credentialed, equipped, and supported by sound policy and guidance to perform their required field activities. EPA has approximately 1,100 federal inspectors across all environmental media programs presently. State, local, territorial, and tribal inspectors (all media) across the nation employ thousands more. OC strives to ensure that field inspectors can leverage modern information management technologies, thereby increasing the quality, consistency and efficiency of inspections and realizing significant productivity gains in a cost-effective manner.

EPA and the Environmental Council of States (ECOS) are committed to operating the Smart Tools program as part of the EPA-ECOS E-Enterprise for the Environment initiative. As such, EPA and States have committed to design and operate Smart Tools as a partnership led by a joint EPA-State governance structure and work together to develop funding mechanisms and inform the future funding decisions of our state partners. The funding for the Smart Tools Program is provided by the US EPA, intended to support the EPA inspection program and be extendable to co-regulators in state, tribal, territorial, and local governments.

The current GSA MAS order was awarded to Plateau Software, Inc. in the winter of 2017.

In the spring of 2018, EPA and state representatives began actively modifying the COTS to mirror EPA’s inspection process. In parallel, the EPA project team began efforts to deploy the application within the EPA infrastructure. This implementation was a tedious and labor-intensive undertaking. Yet, the modified COTS was successfully deployed and authorized to operate by the EPA Chief Information Officer in late 2019.

In early 2019, the project was delayed due to the federal government shutdown. However, EPA and the vendor quickly recovered and in summer 2019, released an initial MVP software version for the RCRA program. During 2019, OECA/OC, regional and state inspectors conducted extensive usability testing across the nation to ensure that the MVP was satisfactory for both EPA and its co-regulators (state, tribal and local partners). This resulted in the successful implementation of an MVP followed by a set of in-person training sessions delivered around the country during the fall/winter of 2019/2020. In parallel with the training for RCRA inspectors, the Smart Tools team-initiated design work for Clean Water Act (CWA) National Pollution Discharge Elimination System (NPDES) modifications. These modifications culminated with the release of Smart Tools version 2.0 for the CWA/NPDES in January 2021.

From March 2020 to the present, the project team responded to schedule and resource implications due to COVID-19. Much of our field testing has come to a halt and significant team resources have been used to switch in-person activities to a virtual platform. These and other associated challenges have left several of the objectives in the original SOO unmet.

In July 2020, several EPA Regions and states began using Smart Tools to conduct onsite inspections and offsite compliance evaluations. Inspectors from these organizations have been successful in collecting and documenting their observations. As a result, inspection and compliance monitoring data are stored on the EPA NCC server, which was configured for data transfer with the Plateau COTS product.

This vehicle is intended to complete software modifications for the UST and GLP modules, along with associated support services, to provide the capability for use by EPA and EPA’s co- regulators. EPA and states have become both familiar, appreciative, and efficient in the use of the Smart Tools application. Plateau Solutions, Inc. has modified their proprietary COTS application to mirror the federal inspection process. Plateau Solutions has gained an in- depth knowledge of EPA inspection business processes during deployment and development phases. This learning curve has taken several years to develop and would take multiple years for another vendor to obtain. Also, since this application is proprietary in nature, the loss of this vendor would result in the adoption of a new application, requiring EPA and state staff to modify a new COTS application from the ground up to mirror our current state.

EPA intends to limit competition to Plateau Software, Inc. as they are the only currently authorized solution based on the proprietary nature of the Smart Tools software database. This extension shall be a six (6)-months with two (2), three (3)-month option periods bridge vehicle (July 1, 2022, through December 31, 2022) of service until the follow-on order can be awarded. The total estimated value for this effort is approximately $1,997,312.36 (inclusive of all options).

4. Authority and supporting rationale

This justification cites FAR Subpart 8.405-6(a)(l)(i)(B) Only one source can provide the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. This document contains sufficient facts and rationale to justify the use of FAR Subpart 8.405-6(a)(l)(i)(B) as the authority for this action.

The limited source is requested because there is only one company, Plateau Software, Inc.

that provides this proprietary application that satisfies, the requirements of the EPA, as identified within the Statement of Objectives for the EPA OECA/CA.

Plateau Software, Inc. designates their database schemas, designs, and other technical inner workings of their system as "Intellectual Property." The proprietary nature of the Smart Tools software does not allow EPA to find other potential sources within this short timeframe that could provide the level of detail required to extract field inspection data to use in a comparable system. Smart Tools is the proprietary software of Plateau Software, Inc, and Plateau Software, Inc. is the only authorized provider of their software maintenance. The data stored in Smart Tools is crucial for EPA for field inspectors at the state and federal level. Not being able to access the data would delay EPA plans for broad implementation and would significantly impact OECA ongoing work with EPA regional offices, and in partnership with state and tribal governments, and other federal agencies to enforce the nation’s environmental laws, including, but not limited to: Resource Conservation and Recovery Act, Clean Air Act (CAA) and Clean Water Act (CWA).

Any attempt to use another firm during this six (6)-months with two (2), three (3)-month option period bridge vehicle would result in a significant loss of efficiency due to the learning curve of new vendor personnel. Further, a lapse in contractual coverage by Plateau Software, Inc. during a phase-in approach with another firm, would impede the effectiveness of the existing services and significantly hamper the Agency’s ability to provide Smart Tools support.

Plateau Software, Inc. is a firm that has provided satisfactory contractual services to the Agency in the past. Plateau Software, Inc. with respect to the current task order, Plateau Software, Inc. has continued to provide satisfactory performance to the Agency. Because Plateau Software, Inc.’s sustained satisfactory past performance, it has developed and maintained the needed infrastructure to continue providing satisfactory performance/service to the Agency under the proposed six (6)-months with two (2), three (3)-month option periods bridge vehicle. Consequently, Plateau Software, Inc.’s continued service to the Agency will not result in any duplication of effort or degradation of support.

The use of a new vendor would result in a lapse in service as discussed in the preceding paragraphs. A lapse in service would adversely impact the agency and result in EPA’s failure to provide critical IT services associated with these time-sensitive requirements.

5. Determination of the Contracting Officer that the Order Represents the Best Value for the Government.

The Contracting Officer’s intent is to extend the period of performance and to incorporate a supplemental agreement in which the Government and the schedule holder mutually agree to the task order extension at the current rates as agreed to by Plateau Software, Inc., The Contracting Officer shall determine that the negotiated price of any contract action executed under this justification is fair and reasonable in accordance with the FAR and GSA requirements. Other Direct Costs (ODC’s) were negotiated and approved before award and reestablished prior to the current extension.

The Contracting Officer anticipates that the order under this JOFOC will represent the best value to the EPA as the agreed to prices will be based on Plateau Software, Inc’s GSA FSS prices and rates. The Contracting officer will ensure the order represents the best value and results in the lowest overall cost alternative to meet the Government’s needs. Pursuant to FAR Subpart 8.404(d), Multiple Award Schedule offers are listed as fixed prices and GSA has already determined Schedules prices and rates to be fair and reasonable.

6. A description of the market research conducted among schedule holders, and the results of the research.

In accordance with FAR 10.002, market research was conducted in January 2021 by technical and contract representatives to determine the availability of the functionality required to meet EPA’s needs. North American Industry Classification System (NAICS) analysis, internet searches of SAM.gov contract award databases, and GSA Advantage.

Research was conducted in GSA’s Marketplace by reviewing on GSA Advantage the 3,861 Small Business vendors on the GSA FSS MAS for Information Technology – Professional Services. Other than Plateau Software, Inc., an SBA Certified Small Disadvantaged business, there are no other vendors who can provide a compatible or replaceable FedRAMP-certified platform and database maintenance solution.

ITAD posted a Sources Sought: Notice of Intent Limited Sources Justification to SAM.gov and FEDCONNECT on May 27, 2022, under Notice ID GS-35F-0166V_EP-G17H- 01433.

The Notice closed on June 11, 2022. An amendment to this notice was posted on June 28, 2022 and closed on June 29, 2022. As a result of this market research and analysis, EPA did not identify other potential sources who could meet EPA’s mobile field inspection platform requirements within the needed timeframe. In attempt to find sources the following notices were posted:

Notice of Intent posted on February 9, 2022, and closed on February 14, 2022, for the four-month bridge vehicle (March 1, 2021, through June 30, 2022) under Notice ID

GS-35F-0166V_EP-G17H- 01433

Notice of Intent posted on October 7, 2021, and closed on October 22, 2022, for the four-month bridge vehicle (October 30, 2021, through February 28, 2021) under Notice ID GS-35F-0166V_EP-G17H-1433

Both notice of intents resulted the vendor response opportunity window of consideration closing with no responses received therefore, the Market research determined that Plateau Software, Inc.is best suited for continuing to provide services and support during each of the bridge vehicle.

As of the date of submission of this bridge vehicle justification, the Agency has not received any inquiries from interested parties and/or firms pertaining to these services. The follow-on procurement for this requirement is being worked now and the follow-on procurement will be a competitive action.

As outlined previously, Smart Tools is the proprietary software product of Plateau Software, Inc. Due to this software’s proprietary nature, Plateau Software, Inc. is the only identified source that can fulfill EPA’s requirement for ongoing software database deployment and maintenance.

7. Any Other Facts Supporting the Justification.

The proprietary application used as a baseline for the development of Smart Tools is solely owned by Plateau Software, Inc. EPA does not possess access rights to Plateau Software, Inc’s. proprietary software configurations, database designs, or business rules. EPA owns all rights to its data and the business processes.

At this time and during our market research in 2020, Plateau Software, Inc. is the only vendor that has the demonstrated capability and experience of providing the supplies or services required at the level of quality required.

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

It is the policy of this office to follow the requirements of FAR 8.405-1 and 8.405-2 when making FSS program requirements. However, in this instance, the requirements at hand can only be met by limiting sources in accordance with FAR 8.405-6(a)(1)(i)(B).

The Agency is actively removing and overcoming barriers that directly led to the restrictions documented in this justification. After reviewing the EPA’s requirements, it was determined that the follow-on procurement needed to be competed on a full-and-open basis. This LSJ only purports to only bridge vehicle the gap between the end of the current contract period of performance and when the new follow-on contract is awarded. This ensures that there will be no laps in critical support to EPA’s mission.

Bridge Justification for Other Than Full and Open Competition Under the Authority of FAR 8.405-6, Federal Supply Schedules EPA Task Order No. GS-35F-0166V/EP-

G17H-01433

PROGRAM OFFICE DIVISION DIRECTOR’S CERTIFICATION

I certify that the supporting date contained in this Bridge Limited Source Justification is complete and accurate.

Lauren W. Jones Date Information Technology Specialist OECA-OC-EPTDD-

DSIMB-MSS

6/28/22

Bridge Justification for Other Than Full and Open Competition Under the Authority of FAR 8.405-6, Federal Supply Schedules EPA Task Order No. GS-35F-0166V/EP- G17H-01433

REVIEW

CONTRACTING OFFICER’S DETERMINATION

I certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

Marsha Johnson Date Contracting Officer Telecom Team Information Technology Acquisition Division (ITAD)

REVIEW

I certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

Rodney-Daryl Jones, C.P.M. Date Director of Information Technology Acquisition Division (ITAD)

REVIEW

COMPETITION ADVOCATE APPROVAL

I certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

Tommie L. Madison, Jr. Date Competition Advocate Office of Acquisition Solutions (OAS)