JOFOC Bridge R3 START VI 68HE0320D0003_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(BRIDGE EXTENSION)

In accordance with the Authority of FAR 6.103-21

Region 3 Superfund Technical Assessment and Response Team (START) VI Contract No. 68HE0320D0003

This Bridge Justification for Other than Full and Open Competition (JOFOC) is prepared pursuant to the content requirements prescribed in Federal Acquisition Regulation (FAR) subpart 6.104-1 (DEVIATION) [41 U.S.C. 3304(a)(2)] and Environmental Protection Agency Acquisition Policy (EPAAP) Subsection 6.3.1 – Bridge Justification for Other Than Full and Open Competition (January 2018).

1. In accordance with FAR 6.104-1 (a)(1) (DEVIATION), 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: U.S. Environmental Protection Agency

Contracting Activity: Region 3, Mission Support Division

Contracts Management Section (3MD21)

Program Office: Region 3, Superfund and Emergency Management Division

Program Point of Contact:

R3 START VI Project Officer Contracting Officer’s Representative (COR)

Project Identification: Region 3, Superfund Technical Assessment and Response Team (START)

VI Contract for Emergency Response, Technical/Training, Site Assessment, Brownfields Assessment, and Remedial Investigation/Feasibility Study Support

Proposed Source(s): Tetra Tech Inc. (68HE0320D0003)

1 This reference is to deviated Federal Acquisition Regulation (FAR) language for FAR Part 6, in Support of Executive Order 14725 on Restoring Common Sense to Federal Procurement. All deviated FAR references can be found at FAR Overhaul - FAR Part Deviation Guidance| Acquisition.GOV.

2. In accordance with FAR 6.104-1 (a)(2) (DEVIATION), Nature and/or description of the action being approved:

The Environmental Protection Agency (EPA), Region 3 Superfund and Emergency Management Division (SEMD) is requesting approval of a sole source action to extend its current START contract (START VI). The current START contract is a single-award, indefinite delivery/indefinite quantity (IDIQ) contract (68HE0320D0003) awarded on June 9, 2020, to Tetra Tech. The ordering period of this existing IDIQ contract was originally set to expire on June 30, 2025. Prior to the expiration, the agency approved a six-month option extension from July 1, 2025 to December 31, 2025, pursuant to FAR 52.217-9, Option to Extend the Term of the Contract.

The follow on START VII contract (68HE0326D0001) was awarded to Weston Solutions, a competed indefinite delivery/indefinite quantity (IDIQ) task order contract type with a period of performance set to begin on December 1, 2025, was protested by an unsuccessful offeror, Tetra Tech, shortly after its award. Upon receipt of the US Government Accountability Office (GAO) protest (B-424146.1) on December 8, 2025, the EPA Region 3 Remedial Acquisition Manager/ Contracting Officer, acting within her warrant authority, extended the ordering period by one (1) month from January 1, 2026 to January 31, 2026, while EPA Region 3 implements corrective action resulting from the protest. This one

(1) month extension provided under the statutory authority permitting other than full and open competition 41 U.S.C. 3304(a)(2) as implemented by FAR Part 6.103-2 (DEVIATION), ‘unusual and compelling urgency’ was executed on December 19, 2025.

Prior to January 31, 2025, the one-month extension proved insufficient for completing the extensive corrective action. Consequently, a second Justification for Other Than Full and Open Competition (JOFOC) was executed on January 28, 2026. This action extended the ordering period by five months, from February 1, 2026, to June 30, 2026. The extension was authorized under 41 U.S.C. 3304(a)(2), as implemented by FAR Part 6.302-2 (DEVIATION), citing "unusual and compelling urgency."

As part of corrective action, EPA Region 3 opened discussions with offerors and re-evaluated proposals.

Following re-evaluation, a new START VII contract (68HE0326D0001) was awarded on June 11, 2026, to Weston Solutions. EPA Region 3 provided Tetra Tech with a required debriefing on June 18, 2026.

On June 23, 2026, Tetra Tech filed a new GAO protest (B-424146.2) for the START VII award decision. Because Tetra Tech filed its protest within five days of the required debriefing, a stop work order for the new START VII contract was required and issued on June 24, 2026.

Due to the current GAO protest received on June 23, 2026, it is necessary that the current START VI contract be further extended to ensure continued mission-critical support for emergency, time-critical, non-time-critical, and environmental program responses. This extension will not alter the general scope of the contract. This proposed bridge extension is requested for a maximum of six (6) months from July 1, 2026, to December 31, 2026. The extension is necessary to allow critical emergency response, preparedness, prevention, risk assessment, sampling, analysis, inspection support, and related projects and activities to continue uninterrupted and for new task orders and projects to be issued for unforeseen emergency and time-critical work in response to significant events, such as natural disasters and oil spills as the agency assess the recently filed GAO protest.

3. In accordance with FAR 6.104-1 (a)(3) (DEVIATION), A description of the supplies or services required to meet the agency’s needs (including the estimated value):

Description of Services Required to Meet the Agency’s Needs (including the estimated value): EPA requires nationally consistent technical assistance services provided to EPA On-Scene Coordinators (OSCs) and other federal officials implementing EPA responsibilities under the National Response System (NRS). EPA’s role under the NRS is to respond to emergencies with respect to the release or threat of release of oil, hazardous substances, pollutants and contaminants, or fire or explosion hazard.

EPA responds to emergencies that vary in threat of or actual impact from short day trips to multi-month-long response efforts that turn into emergency removal actions. Work in support of emergency removal actions (RAs) includes and/or requires: confirmation that responsible parties (RPs) or potentially responsible parties (PRPs) are responding appropriately and with minimal impact; observation that incident conditions are significantly worse than initially reported by RPs/PRPs; conducting air monitoring for various volatile or semi-volatile organic compounds in downwind communities;

delineating the drainage pathway impacted or threatened, assessing mismanaged drums and containers usually not labelled properly and comingled next to incompatibles (e.g., acids in metal drums next to bases in metal drums); data management; documentation; multimedia sampling for various hazardous substances; and personal protective equipment (PPE) utilization depending on the specific situation/event. The START contract provides a large response force to support the activated site coordination efforts and provide EPA with direct observations for incidents that cover large geographical footprints. These services directly align with Pillar #1 and Pillar #3 of the Environmental Protection Agency (EPA) Administrator’s Powering the Great American Comeback Initiative.

Under several federal and regional contingency plans, EPA has the responsibility for coordinating all federal, state, local, and private efforts associated with responding to environmental issues both emergency and time critical. This also includes conducting evaluations and cleanups of uncontrolled hazardous disposal sites and placing those that are considered to pose a significant threat to human health or the environment on the National Priorities List (NPL). The NPL is the list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation.

The START contractor provides emergency response and scientific and technical support to EPA in all these stated roles and activities in furtherance of the agency’s primary mission: the protection of human health and the environment. EPA activates START to respond to these emergency situations and provide technical support (e.g., assist in assessment of the situation/significant event, determine the extent of the potential impact, and provide the documentation thereof) in protection of public health and the environment. The contract also provides assistance services to other programs such as site assessment, brownfields, and remedial support activities. This can range from multi-media sampling and air monitoring to modeling the extent of contamination over large-scale areas. It also includes distributing information in a fast and concise manner in order that immediate decisions can be made by EPA in urgent situations, including determinations of imminent and substantial endangerment.

These tasks are critical to EPA’s mission and are not inherent to EPA personnel. The above mission outcomes are accomplished through the following IDIQ task areas:

Response Activities Preparedness and Prevention Activities Assessment/Inspection Activities

ONGOING, EXISTING WORK: All emergency response or time-critical work continuing under this extension is ordered and performed under four (4) existing task orders. There are currently 107 active projects under these task orders which are critical to the EPA’s mission. The individual site-specific task orders would also include any Federal Emergency Management Agency (FEMA) events such as hurricanes. A lapse in support in any of the ongoing/existing work would have immediate and significant detrimental consequences to the agency’s ability to fulfill its mission-critical emergency response, preparedness, prevention, risk assessment, sampling, analysis, and inspection activities, and would pose serious and significant threats to the health and safety of the public, environment wildlife, waterways, and surrounding land.

Below are descriptions of the task orders and examples of the mission-critical projects that cannot lapse:

Task Order 68HE0320F0049: Removal Support and Preparedness/Prevention Activities. This task order primarily includes activities in support and compliance with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) (1980), (42 U.S.C. s/s 9601 et.

seq.), as amended, Oil Pollution Act (OPA), Stafford Act, Homeland Security Act of 2002, as well as any future laws or regulations promulgated pertaining to EPA’s response obligations. CERCLA created an additional financial tax on the direct sale of manufactured chemicals within the chemical and petroleum industries, and the law also provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. The law authorizes responses on short-term Removals which are included under this task order. These actions may be taken to address releases or threatened releases requiring prompt response. The work under this task order is critical in ensuring the contaminants at the sites are cleaned to a safe and inhabitable level in accordance with laws and regulations. A lapse in the services under this task order would endanger the agency’s ability to respond quickly to an emergency and/or to neutralize/contain any contamination, thereby posing an immediate and significant danger to the health and safety of the public/local community, environment, and wildlife surrounding the site.

These projects typically result from a direct call from the National Response Center that require immediate response actions as described under the National Contingency Plan (NCP). A few examples of the active projects under this task order that are so critical they cannot lapse are described below:

Exide Technologies The Exide Laureldale Facility is a 45-acre former battery manufacturing/recycling facility, most recently owned and operated by Exide Technologies. During the periods of time that the facility operated as a battery recycling/manufacturing plant, lead dust and emissions from smelting operations was the primary source of contamination, at and around the facility. In May 2020, Exide filed Chapter 11 bankruptcy to liquidate its North American operations and any Exide properties that had any value were sold. EPA took actions to mitigate the threat posed to the public health and welfare due to the threatened release of hazardous substances from the Site.

The March 2021 Action Memorandum for the Site prioritized the removal of hazardous substances remaining in baghouses and associated equipment. The March 2022 Action Memorandum Amendment expanded the scope of the action to include decontamination of additional process equipment, containers, and other highly contaminated areas of the Site, which pose a threat of release of hazardous substances. Additionally, EPA took temporary actions necessary to ensure that water released from the Facility through wastewater and storm water treatment systems meets appropriate standards. START personnel complete discharge monitoring reporting data tables using log sheets and laboratory results provided by operators of the on-Site water treatment systems for submittal to our partners at the Pennsylvania Department of Environmental Protection (PADEP) to meet required NPDES type performance standards.

Moyer’s Landfill Superfund Site Contractor support is needed to provide ongoing technical support to the emergency response actions at the Moyers Landfill Superfund Site in Eagleville, Pennsylvania. A municipal landfill operated at the Site from the early 1940s until April 1981. The landfill accepted municipal waste, sewage, and industrial sludges, including solid and liquid hazardous waste. Disposal practices at the landfill contaminated soil, sediment, groundwater, surface water and fish tissue with hazardous chemicals. The Site was added to the Superfund Program’s National Priorities List (NPL) in September 1983 but was subsequently deleted from the NPL in May 2014 once the cleanup was completed, and operation and maintenance activities have been ongoing since. In 2022, the Pennsylvania Department of Environmental Protection (PADEP) performed sampling which identified per- and polyfluoroalkyl substances (PFAS) in the Site's leachate which is collected and discharged to the local publicly owned sewage treatment facility for treatment.

In May 2023, sampling of residential wells by EPA reported elevated levels of PFAS, including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). In June 2023, EPA initiated emergency response actions at the Site which included the temporary provision of drinking water supply (i.e., bottled water) to impacted residences. Technical support under this contract was initiated to provide for residential well sampling. Currently EPA actions at the Site include, ongoing residential well sampling, provision of bottled water, installation of treatment on contaminated residential water supply wells, and measures necessary to install a permanent water distribution system to residences where elevated concentrations of PFAS, including PFOA, PFOS; perfluorononanoic acid (PFNA); arsenic and cyanide have been detected in sample results from residential drinking water wells. This contract has been integral in providing residential well sampling result data to impacted property owners. Additionally, the contractor is also providing engineering technical expertise necessary to complete the design of an extension to an existing public waterline. As part of this effort, and under the direction of the EPA OSC, the contractor is working closely with the owner/operator of the existing waterline and local Township officials. Design efforts are ongoing, current activities include conducting surveys of the area where the watermain is to be extended and on residential properties where service laterals are planned. The required expertise in this area and the ability to respond in this manner is only filled by this contract. There is no other contract mechanism that can supply the personnel with the necessary expertise to conduct the required work.

Task Order 68HE0320F0050: Technical Support and Training Activities. This task order primarily includes technical support activities, data management support, and training in accordance with CERCLA, Resource Conservation and Recovery Act (RCRA), and NCP.

Technical support activities include the gathering and analysis of technical information and related data, the preparation of draft technical reports and related materials on oil and hazardous substance investigation, assessment cleanup, disposal technologies, process activities, operations, problems, trends, and equipment maintenance. Data management support includes using various software programs, providing information technology support in the form of web applications, Geographical Information Systems (GIS) support in the form of maps, data, mapping applications, and other geospatial products; mobile device application development and implementation;

maintenance of data applications utilized for inspections, investigations response, and contingency planning; and be used routinely to enter, track, document (i.e., create and provide metadata) or retrieve information and data developed during the performance of the contract. Training formats may include classroom training, exercises, field training, response/practice drills, and simulations. An example of the active projects under this task order that are so critical they cannot lapse are described below:

R3 Equipment Maintenance The Preparedness & Response Branch is responsible for responding to and protecting public health and the environment in the event of a release(s) of hazardous substances and oil, including terrorism events involving weapons of mass destruction (WMD) and counterterrorism (CT) training and exercises, and other hazardous materials emergencies. To be prepared to undertake emergency response actions 24 hours per day/7 days per week, EPA maintains a stock of government-owned emergency response equipment, supplies and response vehicles and trailers, including personal protective equipment, sampling and detection equipment, and related hazardous materials response equipment.

Task Order 68HE0320F0051: Site Assessment Support Activities. This task order primarily includes conducting pre-CERCLIS (Comprehensive Environmental Response, Compensation, and Liability Information System) activities, removal assessments to determine the potential immediate threat a site may pose on human health and the environment, a Preliminary Assessment to determine whether a site is eligible for a response action under CERCLA and the need for immediate and/or long-term response actions, conducting investigations to determine if contaminants have been released to the environment at a site, and conducting Hazard Ranking System/National Priorities List packages to determine if whether a site is to be included on the NPL. A few examples of the active projects under this task order that are so critical they cannot lapse are described below:

Barefoot Disposal The Site is approximately 44 acres located on Catfish Ridge in Hollidaysburg, Blair County, Pennsylvania. The Site consists of an approximate 3.3-acre capped landfill (former disposal area) located on top of Catfish Ridge and is the known source of a groundwater plume containing volatile organic compounds (VOCs) that has impacted several nearby residential drinking water wells to the south and southeast of the Site. As part of the remedial action, an engineered landfill cap was installed, and the engineered cap consists of three distinct capped areas all contained within the security fence. The engineered cap has a grass cover that is mowed once per year.

Remedial Investigations (RIs) and HRS activities are ongoing at the site to protect human health and the environment.

Fairchild Republic Co Plant 11 The Fairchild Republic Co Plant 11 Site is bound by the Pennsylvania-Maryland State line to the north, US Route 11 to the east, Showalter Road to the south, and Interstate 81 to the west. The Site consists of former areas of operation of the Fairchild Corporation and totals approximately 400 acres. The Site was historically used for the design, manufacturing, testing and maintenance of aircraft and aircraft construction components from 1928 to 1993. At least a portion of the site was formerly used by the Department of Defense. Activities associated with this use resulted in soil and groundwater contamination, most notably in the form of petroleum constituents, chlorinated solvents, hexavalent chromium, and PFAS. The Site currently contains property from multiple landowners with varying land use, including the Hagerstown Regional Airport, unimproved lawn areas, wooded land, and several commercial and industrial properties. The bedrock formation at the Site is a karst limestone. An Expanded Site Inspection (ESI) and an HRS package are being completed under the START contract.

Boyertown Landfill Boyertown Landfill is pre-remedial site currently being evaluated for included on the National Priorities List (NPL). It is a 30-acre landfill that is in disrepair and failing waste management systems that is the likely source of per- and polyfluoroalkyl substances to area groundwater that is used for private drinking water wells. EPA has completed the field sampling activity and START is in the process of finalizing two deliverables under the TD: a site inspection report which will document the field activity and a Hazard Ranking Documentation Record that will support the site’s proposal to the NPL later this calendar year. Continuation of the TD beyond June 30, 2025, will be necessary for START to address EPA comments and respond to Quality Assurance reviews conducted by Headquarters.

Task Order 68HE0320F0072: Remedial Assessment Support Activities. This task order primarily includes conducting Remedial Investigations (RIs), Feasibility Studies (FS), and Integrated Assessments (IAs) to remediate sites per CERCLA. An RI/FS is an extensive assessment conducted at a site that is proposed/added to the NPL. The purpose of conducting an RI/FS is to develop the data necessary to support the selection of a remedy to eliminate, reduce, or control risks to human health and the environment. The purpose of an IA is to gather data that meets the requirements of both a Remedial Assessment (RA) and a Site Inspection (SI) at the same site. A few examples of the active projects under this task order that are so critical they cannot lapse are described below:

Havertown PCP Remedial The Site was placed on the National Priorities List (“NPL”) in 1982 and includes a former wood-treatment facility in Havertown, Haverford Township, Delaware County, Pennsylvania (“PA”), and nearby areas where pentachlorophenol (“PCP”) and other hazardous substances associated with the facility’s operations have contaminated the site. EPA has designated three operable units (OUs) at the Site and has issued three Records of Decision (RODs). Construction and implementation of the remedy under all three RODs were completed in October 2010. The Site is in the Operation and Maintenance (O&M) phase of the cleanup, and responsibility for O&M of the Site’s groundwater treatment system (GTS) was transferred to PADEP under a Superfund State Contract. Several Action Memos (AMs) have been prepared for the site to address the ongoing elevated concentrations of hazardous substances, including PCP, several polycyclic aromatic hydrocarbons (PAHs), total dioxins, dieldrin, and several inorganic compounds, within shallow soils, groundwater, and/or seep water. EPA determined that these releases may present an imminent and substantial danger to human health and the environment. A long-term Remedial Action (RA) at the Site, as provided by Section 104(a)(2) of CERCLA, is in progress, and if a lapse occurs, the hazardous substances, pollutants, or contaminants at the Site will continue to be released or will pose a threat of release to the residential and other areas of the Site.

Ryeland Road Arsenic Superfund Site This is a remedial excavation of a source area of arsenic that provides a continual source of arsenic contamination to the groundwater which is discharging to surface water through a spring fed creek. This arsenic contamination was a result of pesticide and fungicide manufacturing from two corporations between 1927 through 1940. These manufacturing processes resulted in disposal practices which contaminated soil, sediment and groundwater with arsenic, lead, and other chemicals. Numerous removal actions were performed at the site to remove buildings, waste piles, and excavate soils. Some arsenic source material was left in place during these removal actions due to physical and safety limitations. The EPA has developed a remedial design, work plan, and field sampling plan in coordination with the START contractor. START’s responsibilities were to provide air monitoring, air sampling, groundwater sampling, soil screening, soil sampling, daily record keeping, and finalization of a completion report. START has an integral role in assisting with this excavation work as they created the remedial design.

4. In accordance with FAR 6.104-1 (a)(4) (DEVIATION), An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2) as implemented in FAR Part 6.103-2 (DEVIATION), ‘unusual and compelling urgency’.

5. In accordance with FAR 6.104-1 (a)(5) (DEVIATION), A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The EPA Region 3 Superfund Program relies on the START contract support when responding to emergency situations due to accidental, intentional, man-made or naturally occurring releases of hazardous substances or discharges (such as oil) that threaten the public, environment, wildlife, waterways, and land areas of the United States surrounding the event. EPA Region 3 is currently assessing June 23, 2026, GAO protest to the START VII contract (68HE0326D0001) award. Based on this preliminary assessment, it is unlikely that any required actions can be completed prior to June 30, 2026, the expiration date of the existing contract providing these services.

Lapse in support services is detrimental to the agency’s ability to carry out its statutory mission to protect human health and the environment and would render the agency incapable of responding to such emergency situations and unable to provide such critical support (i.e., ensuring proper waste clean-up, preventing harmful exposure, and overseeing the cleanup of land for productive and healthy use) to affected communities upon, during, and after the unforeseen occurrence of such emergencies. Because the services performed under the contract are so critical, any lapse or disruption in the services provided or the agency’s ability to obtain support for future emergencies would result in significant and unacceptable delays in providing critical emergency response, preparedness, prevention, risk assessment, sampling, analysis, and inspection support to the agency.

Unless extended under an unusual and compelling urgency justification, which precludes full and open competition and limits the number of sources from which to solicit bids or proposals, the government and communities would be seriously injured from the potential catastrophic consequences of the inability to respond to critical emergency events or significant delays in doing so. Consequences may include physical and human damage, systemic and public safety risks, loss of life and increased mortality, widespread panic and safety compromise, massive economic losses, and loss of trust and reputational damage to the agency.

Currently, this is the only contractor under this contract, and the only contractor with the capabilities to immediately perform under the required bridge. All these considerations would pose an immediate and extensive threat to the public, environment, wildlife, waterways, and land areas surrounding the emergency sites, as demonstrated below:

Task Order for Removal Support and Preparedness/Prevention Activities. The work under this task order is critical in ensuring the contaminants at the sites are cleaned to a safe and inhabitable level. A lapse in these services would endanger the agency’s ability to respond quickly to an emergency and/or to neutralize/contain any contamination, thereby posing an immediate and significant danger to the health and safety of the public/local community, environment, and wildlife surrounding the respective sites.

Task Order for Technical Support and Training Activities. The work under this task order is critical in ensuring data is properly collected, managed, and analyzed, and that staff are fully trained to perform mission-critical work. A lapse in these services would hinder the agency’s ability to analyze, distribute, and access data, and jeopardize the health and safety of OSCs.

Task Order for Site Assessment Support Activities. This task order primarily includes assessments to determine the potential immediate threat a site may pose on human health and the environment, determine whether a site is eligible for a response action under CERCLA and the need for immediate and/or long-term response actions, and to determine whether a site is to be included on the NPL. A lapse in funding in these services would hinder the agency’s ability to rank/prioritize sites based on risk, and to respond appropriately to ensure human health and the environment are protected.

Task Order for Remedial Assessment Support Activities. This task order primarily includes extensive assessment conducted at a site that is proposed/added to the NPL and to develop the data necessary to support the selection of a remedy to eliminate, reduce, or control risks to human health and the environment. A lapse in these services would endanger the agency’s ability to remediate contaminate per CERCLA, thereby posing an immediate and significant danger to the health and safety of the public/local community, environment, and wildlife surrounding the respective sites.

As stated above, the current contract extension expires June 30, 2026. EPA lacks the manpower, equipment, institutional knowledge, and expertise to perform the emergency response and time-critical work provided under this contract. There are no other contractors capable of stepping in to support the immediate needs of the projects currently in progress under the existing contract within the remaining contract period of performance. The primary purpose of this contract is to provide trained, experienced personnel who can respond to released hazardous material or other environmental emergencies within hours of notification across Region 3. EPA has specifically created this emergency response capability under the START contract. The contractor must maintain a 24-hour, seven-days-a-week, year-round response capability to respond to EPA’s needs to respond to a variety of incidents involving hazardous waste, oil, and federal disasters. The contract also requires contractor personnel to have access to sufficient personnel and equipment to respond to simultaneous emergencies while maintaining normal ongoing site operations. This type of high-level support requires a significant investment in personnel, equipment, and management capabilities. For another company to assume this role requires a long lead time to hire personnel and purchase equipment and ensure that they are ready to respond to environmental emergencies in the tight time frame EPA requires. Additionally, there are no existing contract vehicles that can assume and provide the full scope of the critical services immediately and until the competitive follow-on is awarded, without causing detrimental delays and severe adverse impacts to the program’s mission and the critical support provided to protect the public health and environment. Although the agency is implementing corrective action after a GAO protest of the START VII contract award, EPA will have no mechanism or ability to obtain or provide immediate critical and necessary emergency response, preparedness, prevention, risk assessment, sampling, analysis, and inspection support for ongoing/existing emergency situations, or new emergencies if the current contract were allowed to expire.

Because of the multidisciplinary and highly specialized expertise, knowledge, experience, and performance required for the execution of the programs within the current contract, the learning curve would be substantial for a new contractor other than Tetra Tech to overcome immediately to maintain and provide sufficient levels of mission-critical support that must continue without disruption until the new award is issued. Therefore, while there are other companies in the market who can perform some of these mission-critical services (e.g.: emergency response activities in only some parts of Region 3, risk assessment, sampling, and analysis, etc.), no other company was identified that can immediately perform all of the contract requirements for the entirety of the various multi-disciplinary emergency, time-critical, and non- time-critical disasters that Region 3 is responsible for without resulting in the agency being unable to meet its mission and result in endangerment to the public’s health, welfare and environment, in addition to presenting potential legal risk to the agency. Additionally, because of the multidisciplinary and highly specialized expertise, knowledge, experience, and performance required for the execution of the programs within the current contract, the learning curve would be substantial for a new contractor to overcome within the time remaining in the current contract period of performance.

6. In accordance with FAR 6.104-1 (a)(6) (DEVIATION), 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:

EPA Region 3 is currently assessing the recently filed GAO protest concerning the START VII award; this justification pertains solely to the extension of the ordering period of the current START VI IDIQ contract. Accordingly, offers will not be solicited from additional sources for the continuation of emergency/non-emergency environmental program technical support currently provided by Tetra Tech under the IDIQ vehicle. The services are being acquired under a bridge action to avoid a break in continuity, and the urgency does not permit the time required for full and open competition.

In accordance with FAR 6.301(b)(1) (DEVIATION), the Contracting Officer will post this justification at the Government Point of Entry (GPE) (https://www.sam.gov) and on FedConnect (https://www.fedconnect.net) within 30 days after contract award (i.e., execution of the modification for the bridge extension to the current contract), which will provide access to the justification by linking to the GPE. Any responses received to the notice or justification will be recorded and retained as a listing of interested and/or prospective sources to be included in EPA’s market research for the current recompete, which is being conducted as a full-and-open competitive acquisition.

7. In accordance with FAR 6.104-1 (a)(7) (DEVIATION), A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

FAR Subsection 15.403-4, Requiring certified cost or pricing data (41 U.S.C. chapter 35) requires the contracting officer to obtain certified cost or pricing data only if the contracting officer concludes that none of the exceptions in FAR 15.403-1(b) applies. However, if the contracting officer has reason to believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price, then the contracting officer may consider requesting a waiver under the exception at FAR 15.403-1(b)(4). The threshold for obtaining certified cost or pricing data is $2.5 million for contracts or contract modifications awarded after July 1, 2018. Since this extension request is over $2.5 million, certified cost or pricing data is required.

8. In accordance with FAR 6.104-1 (a)(8) (DEVIATION), 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 not conducted for this bridge requirement. The Government did estimate the amount of capacity needed during this bridge and that estimate was based upon inherent knowledge from having successfully performed this work for many years. Region 3, EPA, did recently conduct a survey with other Regional EPA Offices to request reach back support during this bridge period. Region 2 (New Jersey, New York, Puerto Rico, US Virgin Islands, and eight Indian Nations) offered to provide backup support to Region 3 should a catastrophic event occur. However, the purpose of this bridge requirement is to allow the current Contractor to continue to support ongoing emergency response efforts at current sites without a break in service. An extensive market research effort was conducted for the replacement contract for START and was solicited utilizing a full and open competition.

The final award for the replacement contract is on a Stop Work Order due to a GAO bid protest filed on June 22, 2026, which challenges the second award from June 11, 2026. Region 3 is currently reviewing the protest to determine our long-term acquisition strategy. Because this evaluation is ongoing, conducting additional market research right now will not provide useful data or help resolve our immediate bridge contract needs.

9. In accordance with FAR 6.104-1 (a)(9) (DEVIATION), Any other facts supporting the use of other than full and open competition:

(i) Rationale

The total maximum extension of six (6) months for this fourth START contract bridge extension is only requested and required for the time necessary to address the June 23, 2026 protest to the START VII contract award. In accordance with the EPA Acquisition Policy (EPAAP), 6.3.1.4, bridge vehicles may not exceed 6 months unless a waiver is approved by the EPA’s Head of Contracting Activity (HCA).

This bridge requirement will be to extend the ordering period for a maximum of six (6) months from July 1, 2026 through December 31, 2026. The extension is necessary to allow critical emergency response, preparedness, prevention, risk assessment, sampling, analysis, and inspection support and related projects and activities to continue, and for new task orders and projects to be issued for unforeseen emergency and time-critical work in response to significant events, such as natural disasters and oil spills, as the agency addresses the START VII contract award protest. It is of an unusual and urgent circumstance that an extension is needed on this existing START contract to ensure there is no lapse in contract coverage and allow additional time for the Government to amend the solicitation, receive revised proposals and perform a price evaluation.

(ii) Cost

• Current contract ceiling is $ .

• To date $ of this ceiling has been utilized, leaving $ in available ceiling to utilize the remainder of the current contract which ends June 30, 2026. The Government anticipates that only $ in capacity will be needed during the bridge extension (See Table 1. Estimate for Extension of Current & Anticipated Mission-Critical Support on page 8). Hence, the Government is requesting an extension of six (6) months and will utilize the existing unused capacity.

(iii) Period of Performance

Existing contract period of performance expiration date: June 30, 2026 Anticipated bridge extension period of performance: Six (6) months from July 1, 2026, to

December 31, 2026.

Previous approved bridge extension periods of performance: February 1, 2026, to June 30, 2026.

(iv) Follow-on

The agency has issued a Stop Work Order to delay performance on the new START VII contract award until the GAO resolves the active protest.

(v) Previous Bridge

The Regional Acquisition Manager previously authorized a one-month bridge extension followed by a five-month extension, totaling six cumulative months. This initial period ensured service continuity while the agency addressed the START VII contract award protest received on December 8, 2025.

Region 3 now requests approval for an additional six-month bridge extension to prevent a lapse in contract coverage while evaluating the latest protest. Because this period meets the six-month limitation established by EPAAP 6.3.1.4, it requires waiver approval from the Head of the Contracting Activity

(HCA).

This bridge extension is also necessary to ensure uninterrupted support for emergency response, prevention, risk assessment, sampling analysis, inspection, and related preparedness activities in response to significant events such as natural disasters and oil spills. The requested extension through December 31, 2026, provides the time needed to evaluate the current protest and proceed with the START VII acquisition without disruption to critical services.

10. In accordance with FAR 6.104-1 (a)(10) (DEVIATION), A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

No sources have expressed interest in this bridge extension currently.

11. In accordance with FAR 6.104-1 (a)(11) (DEVIATION), A statement of the actions, if any, the agency may take action to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The agency anticipates awarding the replacement START contract for a base plus 4 option periods, utilizing full and open competition. The bridge action merely provides coverage until the new competition contract vehicle is awarded so that there is no lapse in service for these critical response services.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETION

(BRIDGE EXTENSION)

In accordance with the Authority of FAR 6.103-21 Region 3 Superfund Technical Assessment and Response Team (START) VI

Contract No. 68HE0320D0003 Review and Approval

CONCURRENCE:

OFA-OCPO Senior Policy Advisor

CONCURRENCE:

Agency Advocate for Competition

APPROVAL:

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

STEFAN

MARTIYAN

Digitally signed by STEFAN

MARTIYAN

Date: 2026.06.28 14:32:38 -04'00'