JOFOC to Post_1.docx

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency and/or Activity Agency:

United States Environmental Protection Agency

Contracting Activity:

United States Environmental Protection Agency Office of Acquisition Solutions Cincinnati Acquisition Division 26 West Martin Luther King Drive Cincinnati, OH 45268

2. Nature and/or Description of the Action Being Approved This is a sole source action to extend EP-B17C-00025 with Eastern Research Group, Inc. (ERG), which ends on May 31, 2020. The United States Environmental Protection Agency (EPA) requires an extension of the call order for On-Site Administrative and Technical Support for the Occupational Safety, Health and Environmental Management group. The extension is necessary due to significant program delays and limited resources required to process the required documentation by the Cincinnati Acquisition Division in order to execute a follow-on call order through the use of competitive procedures. The limited timeframe associated with continuing this high-priority work for the Agency creates only one responsible source which precludes full and open competition. Additionally, any potential lapse in work coverage would adversely impact the Occupational Safety, Health and Environmental Management group, therefore, ERG is being provided this extension based on its combination of expertise, knowledge, and familiarity with the on-going projects, as well as its immediate availability to continue the work.

3. Nature and Description of Supplies and Service The requirements of the Performance Work Statement (PWS) associated with this procurement specify that the contractor provide on-site technical assistance to the federal OARM Environmental Compliance Manager in the implementation of Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Department of Transportation (DOT), and Department of Health and Human Services (DHHS), and National Fire Protection Association (NFPA) requirements in the workplace.

4. Statutory Authority Title 41, United States Code, Section 253(c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii). Only one responsible source, and no other type of supplies or services will satisfy agency requirements.

5. Contractor’s Unique Qualifications ERG is the only responsible source available to fulfill the needs of the Agency. The support services performed under this contract are critical to the EPA’s mission, and any delays or interruptions would be unacceptable and damaging. The work to be performed during this period spans a multitude of diverse topics and ERG’s combination of knowledge of the program areas, an available and qualified support staff, and familiarity with the ongoing projects places them in the position of being the only possible contractor who can meet the EPA’s critical deadlines during this one (1) month extension. This extension will afford the Agency sufficient time to award a new call order and provide a reasonable transition to the new contractor.

6. Efforts to Obtain Competition Notification of EPA’s intent to negotiate on a sole source basis with ERG for the proposed extension was issued on FedBizOpps on Friday, May 29, 2020. Responses are not anticipated as this extension is being issued under 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

7. Fair and Reasonable Cost Determination The anticipated cost to the Government is expected to be fair and reasonable because the Call Order Contracting Officer’s Representative (CO-COR) and technical expert staff have knowledge and expertise in this area. Consequently, they are well aware of the costs to perform these services. The CO-COR has experience with overseeing this contract effort and can assist to insure that any cost proposal accepted by the Government is fair and reasonable.

8. Market Research As stated in item 6 above, a notice was placed in FedBizOpps on Friday, May 29, 2020. Responses are not anticipated as this extension is being issued under FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

9. Other Facts The follow-on call order is not anticipated to be awarded until July 1, 2020 due to delays and limited resources.

10. Potential Sources None

11. Remove/Overcome Barriers This Justification for Other than Full and Open Competition is for services that are not currently available from another qualified source due to the reasons stated above. The requirement, as a general matter, was solicited through full and open competition, however, the follow-on requirement is being processed as sole source also due to the reasons stated above. The maximum increase will allow for the continuation of services under current contract for the critical activities set forth above.

12. Certifications and Approval

Contracting Officer’s Representative Certification: I hereby certify that the supporting data under my cognizance, which are included in this J&A, are complete and accurate to the best of my knowledge and belief.

Contracting Officer’s Certification: I hereby certify this J&A is accurate and complete to the best of my knowledge and belief.