JOFOC_ORCR_Mission_Support.pdf

BRIDGE JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the requirements of the Competition in Contracting Act (CICA), FAR Subpart 6.302-1 (Only one responsible source and no other supplies or services will satisfy agency requirements) permits contracting without providing for full and open competition.

(1) Agency: The U.S. Environmental Protection Agency

Program Office: Office of Land and Emergency Management

Office of Resource Conservation and Recovery

Contracting Activity: Office of Acquisition Solutions Headquarters Acquisitions Division OLEM Mission Support Branch

Contract: ORCR Mission Support Contracts

EP-W-10-054; EP-W-10-055; EP-W-10-056

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

The Environmental Protection Agency (EPA), Office of Land and Emergency Management (OLEM), Office of Resource Conservation and Recovery (ORCR) is requesting three (3) bridge vehicles in the form of extensions to existing contracts to continue mission critical services to support ORCR’s programs. This Bridge Justification for Other than Full and Open Competition (JOFOC) is being executed pursuant to the statutory authority cited under FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements”. This justification applies to each of the three (3) multiple award Indefinite Delivery/Indefinite Quantity (IDIQ) Fixed Rate Contracts currently providing contractor support for the ORCR mission support requirement entitled “Office of Resource Conservation and Recovery Mission Support Contract”. The suite of contracts includes: EP-W-10-054 with ABT Associates;

EP-W-10-055 with Eastern Research Group, Inc.; and EP-W-10-056 with ICF Incorporated.

A bridge vehicle is necessary as the follow-on full and open competitive requirement is undergoing a major change in acquisition strategy. Currently, OLEM has several common IDIQ contracts, including the subject contracts, that provide the same type of professional services to different OLEM program offices. Some of these contracts are awarded to the same vendors, yet the Agency is paying different prices for the same services. The new acquisition strategy will combine these common mission support contracts of OLEM’s program offices into one consolidated mission support requirement.

In accordance with the President’s Management Agenda CAP Goal 7 “Category Management – Leveraging Common Contracts and Best Practices to Drive Savings and Efficiencies,” the new acquisition strategy is a best value contract solution that will leverage common contracts to reduce redundancy, improve efficiency, and increase savings. The strategy aligns with the Office of Federal Procurement Policy’s goal to reduce the number of duplicative contracts. This new acquisition strategy also aligns with EPA’s FY 18-22 Transformation Strategy: Strategic Goal 3 to improve efficiency and effectiveness;

Strategic Measure 3.5.2 to reduce procurement processing time; Strategic Measure 3.5.4 to increase enterprise adoption of shared services; and Reform Plan Priority Area to speed up the EPA acquisition process.

This new strategy is currently in the acquisition planning phase, with OLEM program offices coordinating their efforts to develop a consolidated requirement and an advanced procurement plan. It will take significant time and effort to consolidate the mission support contracts into one requirement. However, the benefit of having one omnibus multiple award IDIQ vehicle to meet the needs of all of OLEM program offices outweighs the time and resources necessary to implement this strategy.

Due to this change in acquisition strategy, it is not possible to award the planned follow-on contract in sufficient time to meet the Government’s requirement. The bridge extension of all three (3) IDIQ contracts will ensure uninterrupted performance of critical services only until the new contracts are awarded. It is anticipated that this new acquisition strategy will require up to 36 months to complete.

Therefore, ORCR is requesting that this bridge vehicle cover an initial period of performance of 12-months with four (4) six-month optional extension periods. Per the EPA Acquisition Guide 6.3.1.4, this justification requests Head of Contracting Agency (HCA) approval to waive the six-month limitation.

The Contracting Officer (CO) has determined that the only way to ensure these critical services continue uninterrupted is to obtain support through each of the mission support contract awardees on a sole source basis. These three (3) contractors, ABT Associates (ABT), ERG Incorporated (ERG), and ICF Incorporated (ICF) are the only responsible contractors that can fulfill this requirement at this time due to their unique capabilities and substantial knowledge developed during performance of mission critical task orders. It is more advantageous and cost effective to the Government to obtain services from each of these three (3) contractors, while developing and implementing the new acquisition strategy, rather than spend the additional time and cost associated with competing a new bridge contract.

The estimated period of the 12-month bridge extension is from March 31, 2019 through March 31, 2020. To ensure there is uninterrupted support and to plan for any unexpected challenges with this new acquisition strategy and its contract placement, there will also be four (4) optional six-month bridge extensions from April 1, 2020 to September 30, 2020; October 1, 2020 to March 31, 2021;

April 1, 2021 to September 30, 2021; and October 1, 2021 to March 31, 2022. The maximum potential period of performance for the bridge contract extension is 36 months. Upon award of the follow-on contract and following the completion of a transition phase, and notwithstanding the availability of optional extensions, the bridge contract extensions shall expire.

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

ORCR has a requirement to obtain contractor services to provide technical, analytical and administrative support to ORCR with a variety of activities and deliverables critical to the mission of the office’s programs. Tasks 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 for federal and nonfederal organizations and individuals; program planning and reporting; legislative and regulatory support; facilitation, meeting and conference support; and program implementation support.

The current contractual vehicle that supports this mission critical requirement is a multiple award, IDIQ suite of contracts with the following contractors: EP-W-10-054 with ABT; EP-W-10-055 with ERG, and EP-W-10-056 with ICF. The original period of performance of the suite of contracts, including the option to extend services per FAR 52.217-8, was September 1, 2010 through August 31, 2015. The Agency issued bridge justifications for other than full and open competition which extended services through February 28, 2019 at no additional cost to the Government. These bridge vehicles were necessary in order to maintain critical mission support services while procuring the follow-on contract.

The Agency has recently changed the acquisition strategy to improve efficiencies and to consolidate and reduce redundant contracts. The Agency is currently finalizing the strategy through the development of an advance procurement plan. Due to the Government shut-down, a Class Justification for Other Than Full and Open Competition was utilized to extend this suite of contracts at no additional cost for 30 days through March 30, 2019 in order to allow sufficient time to finalize the justification herein.

(4) Estimated value of extension

There is enough capacity remaining under these (3) contract vehicles to support the program office’s mission from April 1, 2019 through March 31, 2022. The total value of task orders awarded to date under each contract is $1,523,047.21 with ABT, $3,586,558.23 with ERG, and $5,952,761.55 with ICF.

This extension will not result in an increase in the contract price ceilings or labor hours ceiling and is therefore a $0 increase in award value. The existing contract ceiling amounts for each contract under this multiple award vehicle will remain as $27,639,195 for EP-W-10-054 with ABT, $27,832,759 for EP- W-10-055 with ERG, and $30,972,096 for EP-W-10-056 with ICF.

Sufficient funds are available to allow for all active task orders, and new task orders as applicable, under these contracts to continue as necessary to ensure that there is no lapse in service under the mission critical contracts.

(5) Identification of the statutory authority permitting other than full and open competition.

In accordance with FAR Subpart 6.302-1, it is determined that ABT, ERG and ICF are the only responsible sources to perform each contract and no other supplies or services will satisfy agency requirements at this time.

(6) Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Contractors: ABT Associates 6130 Executive Boulevard Rockville, MD 20852

ERG Incorporated 14555 Avion Parkway, Suite 200 Chantilly, VA 20151

ICF Incorporated, LLC 9300 Lee Highway Fairfax, VA 22031

The ORCR mission support requirement entitled “Office of Resource Conservation and Recovery Mission Support Contract” is currently being performed by the contractors under the following contracts: EP-W- 10-054 with ABT, EP-W-10-055 with ERG, and EP-W-10-056 with ICF. These contracts were competed and awarded on September 1, 2010 in accordance with FAR Part 15 Contracting by Negotiation procedures.

Because the existing contracts are under a multiple award vehicle, all three contractors compete for all work ordered in accordance with FAR Part 16.505(b)(1) “Fair Opportunity”. The contractors have further refined their requisite skill sets and competitive pricing strategies to win task orders awarded under the multiple award vehicle. Therefore, in addition to being determined the best value to the Government at time of award, the proposed contractors continue to provide the best value at the task order level.

Through performance of mission critical support, the contractors have developed in-depth knowledge and experience to provide excellent support to ORCR.

Through performance under the current contracts, the contractors have developed and refined their technical capabilities and possess the institutional knowledge to provide uninterrupted and seamless support to ORCR until a follow-on contract award is in place. Even under ideal conditions, no other firms could acquire the knowledge and experience necessary to provide seamless and timely services to support EPA under this requirement.

(7) Description of the 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.

Upon approval, the CO will post this justification as a special notice to FedBizOpps and FedConnect for 30 days to inform the general public and provide an opportunity for any interested parties to respond to the notice and actions therein. Any communications received in response to the notice will be reasonably considered. Furthermore, the follow-on contract will be solicited from as many sources as practicable.

(8) Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

This extension will not result in an increase in the total contract price ceiling or labor hours ceiling, that were determined to be fair and reasonable at time of award. Each contractor’s proposed revised labor rates for the periods of the extension will be compared to historical and current prices paid for similar services. The proposed revised rates will be negotiated to ensure they are fair and reasonable. This extension will incorporate the negotiated revised labor rates. Furthermore, the revised labor rates will not result in an increase to the total contract price ceiling.

(9) Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Extensive market research was conducted during the pre-award phase of the current contracts.

Additionally, the CO conducted market research, by researching in-house EPA contracts as well as other Governmentwide Acquisition Contracts (GWAC) in search of sources that could readily perform the same or similar services that would satisfy the requirements. Consequently, the Contracting Officer made the determination that there are no other EPA contracts or GWACs that can readily satisfy the requirements under the current contract without benefit of a transition phase with the current contractor, which would result in untimely delays and inferior performance, coupled with additional costs to the Government.

Further market research shall be conducted for the follow-on contract award in order to solicit from as many sources as practicable.

(10) Any other facts supporting the use of other than full and open competition, such as:

Without the mission support contract services, ORCR would be unable to meet its responsibility to protect human health and the environment by ensuring responsible national management of hazardous and nonhazardous waste. Delays in performing services to the standard needed by the program under this mission support requirement would place the program at significant risk of failing to meet EPA’s mandatory regulatory requirements and failing to support the core mission of OLEM and the ORCR Programs.

There is no other EPA or GWAC contract vehicle available that could provide the same or similar services that would satisfy all the unique requirements under the current contract.

The work performed under this contract provides critical services to the Agency, and continuity of services is imperative at this time. A full and open competition to award a separate bridge contract for ORCR’s mission support services would cause unnecessary delay, incur additional costs, and increase risk. A lapse in these critical services prior to the award of the new acquisition strategy would adversely impact the EPA’s mission and stakeholders.

(11) Listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No sources have expressed in writing an interest in the extension at this time.

(12) 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.

No barriers to future competition exist as the follow-on contract will be solicited from as many sources as practicable.