JOFOC_and_Prior_Notices_1.pdf

BRIDGE JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

In Accordance with FAR Subpart 6.302-1

This document is 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: Office of Land and Emergency Management (OLEM)

Office of Emergency Management (OEM)

Program POC: Aretha Brockett, OLEM/OEM

Project Identification: Office of Emergency Management (OEM) Regulation, Evaluation

& Technical Support

Proposed Source(s): All three (3) current multiple-award contract holders: EP-W-17-

001; ABT Associates Inc. (ABT); EP-W-17-002; Booz Allen

Hamilton, Inc. (BAH); and EP-W-17-003; General Dynamics

Information Technology, Inc. (GDIT)

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

OLEM/OEM is requesting to issue a sole source bridge vehicle to each of the existing multiple-award indefinite-delivery/indefinite quantity (IDIQ) contracts (EP-W-17-001, EP-W-17-002, and

EP-W-17-003) to continue the mission-critical services for OEM Regulation, Evaluation &

Technical Support beyond their current expiration date of June 29, 2023. The extension is requested for a maximum of nine (9) months, inclusive of a six (6) month Base Period through

December 31, 2023 to allow technical, regulatory, analytical and administrative support to OEM

(with a variety of activities and deliverables critical to the mission of the OEM programs) to continue as the Agency completes the competitive follow-on Office of Land and Emergency

Management (OLEM) consolidated mission support recompete that will result in multiple IDIQ contract awards, with competitive task order solicitations thereunder to immediately follow. The requested Base Period also accounts for the time needed to establish the competitive issued task orders under the new contracts in accordance with FAR 16.505(b)(1), which are projected to be awarded no sooner than December 2023.

Office of Emergency Management (OEM) Regulation, Evaluation & Technical Support

This justification also includes an Optional Period extension of not-to-exceed three (3) months

(90 days) and associated ceiling for transition to the successor contractor(s) pursuant to FAR

52.237-3 Continuity of Services, upon finalization of the new multiple-award contracts. If exercised, the extension pursuant to FAR 52.237-3 would be exercised no later than December

31, 2023, for a maximum potential extension period of 90 days through March 30, 2024.

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 the planning, management, and oversight mission support activities within the Office of Land and Emergency Management’s (OLEMs) Office of

Emergency Management (OEM). Contract services are being performed in the following areas:

technical, regulatory, analytical, and administrative support to OEM with a variety of activities and deliverables critical to the mission of the Office of Emergency Management mission and programs. The tasks areas supported via these contracts include technical research and analytical support, program evaluation support, communications and outreach support, web communications support, data analysis and survey support, guidance support, training support and technical assistance, program planning and reporting, facilitation, meeting and conference support, and program implementation support.

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, ABT, BAH and GDIT. 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. These 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 ABT, BAH and GDIT 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) OEM mission support contracts that provide mission- critical support on a national scale relative to the following areas: Emergency Operations Center (EOC) support during the height of the current hurricane season, support for regulatory development activities associated with the Risk Management Plan (RMP) rule changes that are working through EPA’s senior leadership and Office of Management and Budget (OMB), efforts related to the assessment and impact analyses of OEM programs on communities with environmental justice concerns, services in support of regulatory development and implementation of the National

Contingency Plan Subpart J, support for the National Response Team and Regional Response

Team in the execution of their mission critical activities across the EPA regions. There are presently no other contractors capable of stepping in to support the immediate needs of these existing projects without causing detrimental delays to the program’s mission. A complete list of the task orders that are currently active under each OEM mission support contract and being extended under the requested bridge JOFOC period of performance, is detailed in the table below:

EP-W-17-001

Task Order No. Task Order Title

National Contingency Plan - Subpart J Regulatory Development and Implementation

Support

68HERH19F0419

Support for OEM Resource Management Division (RMD) Programs, Evaluations, and

Measures

68HERH20F0228 Clean Water Act Hazardous Substances Regulatory Activities

68HERH21F0234

Contingency Planning and Preparedness Activities Support for The Preparedness and

Response Operations (PROD)

68HERH21F0326

Specifications and Systems for Environmental Data Collection and Environmental

Technology Programs

EP-W-17-002

68HERH19F0240 Response Support Corps

EP-W-17-003

Clean Air Act (CAA) Section 112 (r) & EPCRA Program Inspector Training and

Inspection Support

Web Communications Support for The Office of Emergency Management Resource

Management Division

Support for CAA Section 112 (r), EPA promulgated regulations, Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency

Planning and Community Right-to-Know Act (EPCRA) Regulations, Lists of Chemicals and Guidance Documents

Management and Support for the National Contingency Plan (NCP) Product Schedule –

Subpart J

6 Support for the National Response Team / Regional Response Teams

8 Training and Exercise Planning Workgroup Support

10 National Incident Management System (NIMS) Integration Team Support

12 Oil Program General Technical Support

13 Facilitation, Leadership Development, and Office-Wide Retreats

Support To EPA'S Methamphetamine Drug Laboratory Training Guidance and Outreach

Program

68HERH19F0110 Emergency Operations Center (EOC) Operations and Coordination

68HERH19F0321 Support to EPA’s Local Governments Reimbursement Program

68HERH19F0409

National Response Center (NRC) Market Analysis and Support to the NRC Advisory

Committee

In addition to the above listed existing work that must continue without disruption, this request also includes capacity for OEM to place new competitive task orders for in-scope mission-critical work that may arise during the bridge IDIQ contract period of performance, such as but not limited to additional EOC support during the height of the current hurricane season and support for the National Response Team and Regional Response Team in the execution of their mission critical activities across the EPA regions. This support includes additional EOC computer and administrative work, data analysis and story map creation, and other tasks as necessary to support emergency activities.

(ii) Estimated Value

The estimated value of the requested bridge contract solution for each of the three (3) current

IDIQ contracts (EP-W-17-001, EP-W-17-002, and EP-W-17-003) inclusive of base and option period is delineated as follows:

ESTIMATE FOR EP-W-17-001

Type Duration Period Estimate

Base Period of Performance (Continuation of existing services and

$170K in capacity for additional anticipated in-scope work subject to competition in accordance with FAR

16.505(b)(1)))

6 months June 30, 2023 – December 31, 2023 $940,700.00

Optional Extension Period (For continuity of services / transition)

3 months January 1, 2024 – March 30, 2024 $128,450.00

Total Estimate for Bridge Contract for EP-W-17-001 $1,069,150.00

ESTIMATE FOR EP-W-17-002

Base Period of Performance (Continuation of existing services and

$170K in capacity for additional anticipated in-scope work subject to competition in accordance with FAR

16.505(b)(1)))

6 months June 30, 2023 – December 31, 2023 $215,000.00

Optional Extension Period (For continuity of services / transition)

3 months January 1, 2024 – March 30, 2024 $15,000.00

Total Estimate for Bridge Contract for EP-W-17-002 $230,000.00

ESTIMATE FOR EP-W-17-003

Base Period of Performance (Continuation of existing services and

$170K in capacity for additional anticipated in-scope work subject to competition in accordance with FAR

16.505(b)(1)))

6 months June 30, 2023 – December 31, 2023 $1,208,500.00

Optional Extension Period (For continuity of services / transition)

3 months January 1, 2024 – March 30, 2024 $346,170.00

Total Estimate for Bridge Contract for EP-W-17-003 $1,554,670.00

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. The $170,000.00 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 2021 and 2022, 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.

In addition, new task orders will be issued as logical follow-ons to the nineteen (19) active task orders under the suite of OEM mission support contracts pursuant to FAR 16.505(b)(2)(i)(C) to continue current services through the bridge ordering period expiration. The justification required per FAR 16.505(b)(2)(ii)(B) will be detailed in separate exception to fair opportunity justification for each task order. The bridge IDIQ contracts will 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.

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 ABT, BAH, and GDIT to provide a continuation of the same scope of work at the current level of support that these contractors currently perform, and the program will continue to require after the current task orders expire on

June 29, 2023, and until the follow-on task orders are competitively awarded under the multiple-award OLEM Large Consolidated Mission Support suite of IDIQ contracts.

While there are other firms in the market who provide similar support services, 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 detrimental to the Agency’s critical existing and future efforts in the following areas: technical research and analytical support; program evaluation support; communications and outreach support; web communications support; data analysis and survey support; guidance support; training support and technical assistance for federal and nonfederal organizations and individuals; program planning and reporting; legislative and regulatory support; facilitation, meeting and conference support; and program implementation support. A lapse in these critical services would result in the Agency being unable to meet its mission and result in endangerment to the public’s health, welfare, and environment.

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 provide excellent support to OEM and the regions these contracts are used to support.

Bringing in a new contractor at this point, when OLEM’s Consolidated Mission Support multiple-award contract vehicles are anticipated to be awarded in July 2023, 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. The time needed to issue a new competitively awarded vehicle is not available and would result in a lapse in service of OEM’s task orders and delay the award of the follow-on and new in-scope task orders for no less than 135 days (or 4.5 months).

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 via new bridge IDIQ contract vehicles to all three (3) current contractors to ensure services remain in place to support OEMs mission is the only viable option to obtain the critical mission support services that are needed until OLEM’s new competitive consolidated multiple award contracts are awarded and task orders are competitive issued to replace the requirements currently supported under these contracts. It is not feasible to attempt awarding an interim contract solution this close to the finalization of the follow-on award. 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 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.

The Contracting Officer has determined that the current contractors, ABT, BAH and GDIT, are more than capable and qualified to maintain support of the projects in progress under the existing

OEM mission support contracts. OEM is responsible for coordinating technical support with the

United States Cost Guard, Federal Emergency Management Agency and other government agencies and provides mission-critical rapid technical support on a national level throughout the

EPA regions during emergency incidents, preparedness and COOP exercises, and other response activities. A lapse in critical contract support services provided through these contracts would inhibit the Agency’s ability respond and support emergency response activities performed in support of Agency’s mission.

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.

Extensive market outreach efforts and engagement activities with industry have been conducted pursuant to placement of the follow-on multiple-award OLEM Large Consolidated Mission

Support IDIQ contracts. A Request for Information (RFI) was posted on December 2, 2019

(Reference No. 68HERH20R0007), to FedConnect and www.sam.gov. A sources sought notice was also posted on October 13, 2020 (Reference No. 68HERH21R0001) and issued via

FedConnect and www.Sam.gov to identify potential small business concerns capable of supporting the consolidated requirement. Based on the market research analysis, it was determined early on that the data indicated a total small business set-aside was not supportable for this requirement.

As the procurement strategy has evolved over time, a draft solicitation for the consolidated mission support contract (Solicitation No. 68HERH21R0024), was posted to FedConnect and www.Sam.gov on January 7, 2022, to expand the existing market research data. Sharing a draft of the RFP with industry in advance afforded the collective contractor community (large and small businesses) an opportunity to review the draft solicitation in its entirety, submit comments, questions, suggested changes, and provide relevant feedback from industry. The posting was also used as a tool to solicit input from the small business contractor community regarding the feasibility of setting aside a portion of the consolidated requirement for a small business participation. The acquisition strategy for this procurement anticipates awarding multiple contracts in support of this requirement, and a partial small business set- aside would be ideal to ensure the small business community is represented in the pool of awardees. While the sources sought did not indicate a small business firm would be capable of supporting this requirement in its entirety, a small business will be able to support a portion of this requirement. Responses from industry were received and reviewed by the Contracting Officer and program stakeholders.

This market research data was used to develop the final solicitation and adjust the procurement strategy as deemed appropriate by OAS and OLEM stakeholders. The final solicitation was posted on April 21, 2022, as a full and open competition with a small business reserve, with a final proposal due date of November 14, 2022.

Since this justification is for a bridge IDIQ contract solution to the existing suite of multiple-award IDIQ contracts (EP-W-17-001, EP-W-17-002, and EP-W-17-003), offers will not be solicited from any additional sources beyond ABT, BAH, and GDIT, neither for the continuation of existing services and support currently provided under task orders that were competitively awarded under EP-W-17-001, EP-W-17-002, and EP-W-17-003 and will be awarded as logical follow-ons on a sole source basis to the current contractor pursuant the authority in FAR

16.505(b)(2)(i)(C), nor any new task orders to be issued competitively under the requested bridge IDIQ contracts in accordance with FAR 16.505(b)(1).

As required by FAR 6.302-1(d)(2), for contracts to be awarded using the authority of FAR

6.302-1, Only one responsible source, the notices required by FAR 5.201 “shall have been published” and any bids, proposals, quotations, or capability statements must have been considered.

In accordance with FAR 5.201(b) and FAR 5.203(a), the Notice of Intent to Negotiate Sole

Source Bridge contracts to follow EP-W-17-001, EP-W-17-002, and EP-W-17-003) was published on June 1, 2023 (Reference No. 68HERH23R0011) at the Government Point of Entry

(GPE) https://www.SAM.gov and on FedConnect https://www.fedconnect.net (Reference No.

68HERH23R0011). Both the SAM.gov and FedConnect notices closed on June 16, 2023.

No responses or capability statements were received at the Agency. A copy of each of the notices is attached hereto.

Further, in accordance with FAR 6.305, within 14 days after issuing the bridge IDIQ contract awards, 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 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 subcontracting https://sam.gov/opp/10bc892fd18a4f7fb86c0c421cf132f7/view https://www.sam.gov/ https://www.fedconnect.net/ https://www.fedconnect.net/FedConnect/PublicPages/PublicSearch/Public_Opportunities.aspx opportunities under the multiple-award OLEM Large Consolidated Mission Support suite of

IDIQ contracts.

For the follow-on task orders to be issued under the bridge IDIQ contracts, in accordance with

FAR 16.505(b)(2)(ii)(D), within 14 days after issuing the logical follow-on task orders for the existing support, a notice of the exception to fair opportunity will be published in accordance with FAR 5.301 and 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 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 subcontracting opportunities under the multiple-award OLEM Large Consolidated Mission Support suite of

IDIQ contracts.

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 ABT, BAH and GDIT under

EPA contract numbers EP-W-17-001, EP-W-17-002 and EP-W-17-003, respectively, which were competitively awarded in accordance with the policies and procedures governing competitive acquisitions under FAR Part 15, Contracting by Negotiation, on February 1, 2017.

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 OLEM Regulation, Evaluation and

Technical Support contract 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 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 planned non-competitive bridge contracts will be fair and reasonable, based on analysis and comparison with available historical data on actual costs under the previously competitively awarded contracts (EP-W-17-001, EP-W-

17-003, and EP-W-17-003). However, given that these contracts were originally competed and awarded over six 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 contracts, the contractors’ proposals 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 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 and

Oversight Branch (FAOB) 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 bridge contracts are expected to be in line with the rates the

Government has historically paid the contractor over the life of the contracts, escalated appropriately and reasonably for currency. It is further noted that new task order awards will be subject to competition among the three bridge contractors. 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 June 29, 2023.

The results of the market research indicated that the services provided by ABT, BAH, and GDIT under EP-W-17-001, EP-W-17-002, and EP-W-17-003, respectively, are not available on any other active EPA vehicle.

Market research was also conducted for the estimated amounts for the requested bridge 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 Agency is in the process of finalizing the source selection decision to issue new multiple-award OLEM Large Consolidated Mission Support IDIQ contracts, which are currently anticipated to be awarded in July 2023. The new IDIQ contracts will allow for task orders to be competed amongst the multiple IDIQ contract holders, with solicitations for follow-on task order recompetes planned to be issued no sooner than August 1, 2023. It is anticipated to take no less than 135 days (or 4.5 months) to place the follow-on for each competitively awarded task order.

Therefore, it is anticipated that task orders under the new multiple award contract vehicle will not be awarded until December 2023. While the Task Order requirements are anticipated to be transitioned to the new IDIQ 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 task orders expire on June 29, 2023. This puts the work under the 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 contracts are necessary to ensure these mission support services continue while the Agency finalizes the new multiple-award OLEM Large Consolidated Mission Support suite of IDIQ contracts and the competitive task order recompetes thereunder. Without the mission-centric support services provided under the existing contracts and task orders, OEM would be rendered unable to meet its responsibility to provide technical and regulatory support to the Agency’s senior leadership, the national response team, and regional response team to support the continuity and emergency preparedness activities that are critical to OLEM’s mission. This aspect of the national Superfund program cannot afford a disruption in services under any of these contracts due to the numerous commitments to Headquarters and regional stakeholders, harmful impacts to communities, and the foreseeable threats during the peak of the hurricane season.

Based on the authorities cited in the preceding sections 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 OEM mission support contracts. ABT, BAH and GDIT are the only contractors capable of performing the required tasks in a seamless, timely, efficient, and cost-effective manner.

The services provided by ABT, BAH, and GDIT under EP-W-17-001, EP-W-17-002, and EP-W-

17-003 are not available on any other active EPA vehicle. At this time, using a sole source bridge IDIQ to each of the three (3) contractors is the only option to obtain contractor support for the Agency to be adequately prepared for, and able to respond to, nationally significant incidents that must continue in support of OEM’s mission without disruption until the follow-on task order awards are competitively issued. ABT, BAH, and GDIT 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 OEM’s mission. This expertise enables these contractors to provide seamless OEM 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 1 month remaining in the current task orders’ periods of performance.

Awarding a new short-term contract vehicle to different contractors this close to the current task orders expiring and while the competitive follow-on is near award 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 less than two (2) months, 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 1 month remaining in the current task orders’ periods of performance and it would result in the Agency having no ability to provide adequate and timely OEM mission support for no less than 6 months.

EPA intends to recompete the current task order performance work statements (PWS) in accordance with the competitive procedures at FAR 16.505(b)(1) under the OLEM Large

Consolidated Mission Support suite of multiple-award IDIQ contracts anticipated to be awarded in July 2023 in response to Solicitation No. 68HERH22R0050. Two (2) of the incumbents, ABT and GDIT, did submit proposals along with several other companies in response to

68HERH22R0050. If awarded an OLEM Large Consolidated Mission Support IDIQ contract, the other companies that proposed will be eligible to compete as prime offerors for the competitive task order recompete requirements that the incumbent contractors currently perform.

In the event the follow-on task orders could be awarded to a company other than the incumbent, ABT and/or GDIT will be required to transition to the new, successor awardee once the new award is made. For BAH’s current task order, it will require transition to another contractor.

The OEM mission support services under EP-W-17-001, EP-W-17-002, and EP-W-17-003 are essential to the Government and must be continued without interruption.

FAR 52.237-3 Continuity of Services, which is contained in all three (3) contracts, provides for transition and related activities (i.e., phase-in/phase-out for up to 90 days) including the requirement for the incumbent contractors to allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the Agency’s regulation, evaluation, and technical mission support services required. Even if the task order awards resulting from the recompete was to be awarded now (i.e., before the current task orders expire), there is insufficient time remaining on the task orders to allow the Contractor to adequately transition all critical information (i.e., all records, data, in progress activities, and institutional knowledge) and activities to the successor contractor. 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 ABT, BAH, and GDIT’s transition activities and sustained levels of current support until such time (three (3) months into performance under the new award) the successor contractor is able to adequately sustain them.

The need to execute future non-competitive bridge vehicles to support OEM’s mission support needs has been mitigated by the issuance and imminent award of the OLEM Mission Support

Consolidated multiple award contracts. The period requested via this bridge JOFOC aligns with the projected award timeline for the consolidated multiple award contracts and the competitive task order recompete process thereunder. The Branch Chief with oversight for the placement of the multiple award contracts holds weekly progress, milestone review, and management meetings with key OLEM stakeholders to ensure the source selection decision and award timeline remains on target as currently scheduled for July 2023. Refer to the attached internal

Memorandum to the Record which provides additional rationale as required by EPA’s

Acquisition Guide (EPAAG) Subsection 6.3.1.5.2 - Sole Source Bridge JOFOC Content

Requirements.

(ii) Cost

EP-W-17-001 EP-W-17-002 EP-W-17-003

Existing Contract Ceiling $18,964,932.00 $16,066,240.00 $13,775,834.00

Obligated to Date Under Existing Contract $3,056,842.43 $286,604.02 $9,853,484.43

Total Estimated Value of Bridge Contract (inclusive of $170,000.00 of capacity for each bridge contract for additional in-scope task orders to be competed)

$1,069,150.00 $230,000.00 $1,554,670.00

Value of Prior 8-month Bridge Vehicle(s) $758,521.60 $65,820.20 $995,179.05

(iii) Period of Performance

• Existing ordering period / period of performance expiration date for EP-W-17-001, EP-

W-17-002, and EP-W-17-003: March 31, 2023

• Existing task order period of performance expiration date: June 29, 2023 (for all active task orders under EP-W-17-001, EP-W-17-002, and EP-W-17-003 extended for the time period of April 1 - June 29, 2023 prior to the IDIQ expiration as permitted by and pursuant to FAR 52.216(d) contained in the IDIQ contracts)

• Requested Bridge IDIQ contracts period of performance: June 30 – December 31, 2023

(Base period of six (6) months); Optional extension of three (3) months for continuity of services/transition, anticipated to be exercised on or before December 31, 2023, for a period not to extend beyond March 30, 2024

• Previous approved bridge IDIQ extensions: August 1, 2022 – March 31, 2023

(iv) Follow-on

As indicated in the attached milestone schedule, the Agency is in the process of finalizing the source selection for the multiple-award OLEM Large Consolidated Mission Support suite of

IDIQ contracts, which are currently anticipated to be awarded by July 31, 2023. A copy of the approved Advanced Procurement Plan (APP) and current milestone schedule of the recompete is attached.

(v) Previous Bridge Justifications

A copy of the previously approved justification for other than full and open competition

(JOFOC) executed against EP-W-17-001, EP-W-17-002, and EP-W-17-003, covering and including the prior extension of these contracts for the total period of August 1, 2022 - March 31, 2023 pursuant to the authority granted by 41 U.S.C.253(c) (1) as implemented by FAR 6.302-1, is attached hereto.

The services provided under the current, active nineteen (19) task orders for the time period of

April 1 – June 29, 2023 were extensions to the existing task orders in accordance with FAR

52.216-22, paragraph (d), which was included in the IDIQ contracts and permitted existing task order performance to continue for up to 90 days beyond the IDIQ contract ordering period expiration date. The extensions were issued as logical follow-ons under the suite of OEM mission support contracts pursuant to FAR 16.505(b)(2)(i)(C) to continue the performance of the current services. The justification required per FAR 16.505(b)(2)(ii)(B) was detailed separate exceptions to fair opportunity justifications for each task order and was posted timely in accordance with FAR 5.301 and FAR 16.505(b)(2)(ii)(D) as required.

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

As of the date of this justification, the published notice is still active and closes on June 16, 2023.

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 must be received within the time set forth in the published announcement to be considered by the

Government.

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 bridge contracts during the bridge solution ordering period will be competed amongst the IDIQ contract holders (ABT, BAH, and GDIT) 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 of the current IDIQs, or in the issuance of a new competitively awarded follow-on contracts and/or task orders under the multiple-award

OLEM Large Consolidated Mission Support suite of IDIQ contracts that are currently anticipated to be awarded by July 31, 2023.

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.

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:

14. REVIEWS in accordance with EPAAG 1.6.1-A, Item 8b for actions within the thresholds set forth in FAR 6.304(a)(2):

15. APPROVAL in accordance with FAR 6.304(a)(2) and EPAAG 1.6.1-A, Item 8b for actions within the thresholds set forth in FAR 6.304(a)(2):

16. APPROVAL of the Head of Contracting Activity (HCA) to waive the six (6) month limitation on bridge justifications in accordance with EPAAG 6.3.1.4:

Pamela D. Legare Date

Director, Office of Acquisition Solutions (OAS)

Head of Contracting Activity and Senior Procurement Executive)

6/2/23, 11:53 AM SAM.gov https://sam.gov/opp/10bc892fd18a4f7fb86c0c421cf132f7/view 1/4

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R--Notice of Intent to Negotiate Sole Source Bridge

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General Information

ACTIVE Contract Opportunity

Notice ID

68HERH23R0011

Related Notice

Department/Ind. Agency

ENVIRONMENTAL PROTECTION AGENCY

Sub-tier

ENVIRONMENTAL PROTECTION AGENCY

Office

HEADQUARTERS ACQUISITION DIV (HQAD)

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General InformationContract Opportunity Type: Presolicitation (Original)

All Dates/Times are: (UTC-04:00) EASTERN STANDARD TIME, NEW YORK, USA

Original Published Date: Jun 01, 2023 04:15 pm EDT

Original Response Date: Jun 16, 2023 05:30 pm EDT

Inactive Policy: Manual

Original Inactive Date: Jun 19, 2023

Initiative:

None

Classification Original Set Aside:

Product Service Code: R499 - SUPPORT- PROFESSIONAL: OTHER

NAICS Code:

541620 - Environmental Consulting Services

Place of Performance:

Description 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, the U.S. Environmental Protection Agency (EPA), O�ice of Emergency Management (OEM) intends to issue three (3) separate sole source bridge contract vehicles to follow each of the following existing multiple-award indefinite-delivery/indefinite quantity (IDIQ) contracts that expire June 29, 2023:

EP-W-17-001 ABT Associates Inc. (ABT) EP-W-17-002 Booz Allen Hamilton, Inc. (BAH) EP-W-17-003 General Dynamics Information Technology, Inc. (GDIT) Refer to the attached notice for a full description of the notice information.

Attachments/Links https://sam.gov/opp/10bc892fd18a4f7fb86c0c421cf132f7/view 3/4

Contact Information Contracting Office Address

1200 PENNSYLVANIA AVENUE, N. W.

WASHINGTON , DC 20460

USA

Primary Point of Contact

Gatling, Tia Gatling.Tia@epa.gov

202-564-3281

Secondary Point of Contact

History

Jun 01, 2023 04:15 pm EDT Presolicitation (Original) mailto:Gatling.Tia@epa.gov https://sam.gov/opp/10bc892fd18a4f7fb86c0c421cf132f7/view 4/4

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General Services Administration This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." This system is subject to monitoring. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution.

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6/1/23, 4:15 PM EAS

https://eas.epa.gov/prism.net/Documents/Common/MessageCenter/Announcements.aspx?screenkey=208&doclevel=22&subdoctype=6&isuserdefine… 1/2

Status: Sent to SAM/FBO : 6/1/2023 4:15:38 PM Sent to FedConnect 6/1/2023 4:15:29 PM

Type of Announcement: Pre-Solicitation

Post To: Both

Distribution: Public

Archive/Inactive Date: 06/19/2023

Responses Due

Date: 06/16/2023

Time: 1630 (Use 24 hour format. Example 2:30 pm = 1430)

Time Zone: ES (UTC-05:00) EASTERN STANDARD TIME, NEW YORK, USA

List of Attachments: Notice of Intent to Negotiate Sole Source Bridge Contracts , Statement of Work

Title: Notice of Intent to Negotiate Sole Source Bridge

Description:

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, the U.S. Environmental Protection Agency (EPA), Office of Emergency Management (OEM) intends to issue three (3) separate sole source bridge contract vehicles to follow each of the following existing multiple-award indefinite-delivery/indefinite quantity (IDIQ) contracts that expire June 29, 2023:

EP-W-17-001 ABT Associates Inc. (ABT) EP-W-17-002 Booz Allen Hamilton, Inc. (BAH) EP-W-17-003 General Dynamics Information Technology, Inc. (GDIT) Refer to the attached notice for a full description of the notice information.

8B - Principal NAICS Code: 541620 Environmental Consulting Services $19

Primary Product/Service Code: R499 SUPPORT- PROFESSIONAL: OTHER

Classification Code: R - SUPPORT SVCS (PROF, ADMIN, MGMT)

Set-Aside: (None)

Place of Performance Code:

Address 1: (None)

Address 2: (None)

Address 3: (None)

Address 4: (None)

City: (None)

State: (None)

Postal Code: (None)

Country: (None)

Override Place Of Performance: No

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Solicitation: 68HERH23R0011 (BASE/In Progress)

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