Justification_for_an_ETFO_7-12er.doc

Justification for an Exception to Fair Opportunity

FAR 16.505 (b)(2)(i)(D) – Satisfy a Minimum Guarantee

(1) Identification of the agency and the contracting activity:

Environmental Protection Agency

Office of Acquisition Management Cincinnati Procurement Operations Division (CPOD)

(2) Nature and/or description of the action:

The purpose of this action is contract Support to the Technical Support for Assessment and Watershed Protection (TSAWP) contract.

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

The proposed Task Order is entitled “Illinois River Watershed TMDL Development”. Under this Task Order the contractor will develop the Tenkiller Ferry Lake model and complete the development and finalization of multi-state TMDLs for the Illinois River Watershed. Development of the Tenkiller Ferry Lake model and multi-state TMDLs involves, model calibration/validation, sensitivity analyses, uncertainty analyses, evaluation of phosphorous load reduction scenarios, and formulation of TMDLs, including a load allocations, waste-load allocations, a margin of safety, and a future growth. The TMDLs will be developed based on the Tenkiller Ferry Lake model and the Illinois River Watershed Model. This task order will also require the contractor to provide for a technology transfer and modeling workshop for the stakeholders.

Individual tasks will support the following types of actions:

· Development of EFDC model of Tenkiller Ferry Lake includes

· Conduct calibration and validation modeling;

· Conduct sensitivity and uncertainty analyses;

· Conduct scenario modeling, and;

· Prepare technical reports documenting findings

· Development of TMDL for the Illinois River Watershed includes

· Prepare technical TMDL report

· Development of Technology Transfer includes

· Prepare training materials for a technology transfer

· Conduct a 4-5 day training workshop on the IRW HSPF model and the EFDC model of Tenkiller Ferry Lake

(4) Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited:

As allowed under FAR 16.505 (b)(2)(i)(D), this order must be issued on a sole-source basis because it will satisfy a minimum guarantee under the contract.

(5) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer and the Program Office anticipate that the cost to the Government will be fair and reasonable.

Additionally, CPOD and the Program Office will review the submission that the current contractor will submit in response to the Task Order Solicitation. These costs will be compared to the IGCE.

(6) Any other facts supporting the justification: N/A

(7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made:

This Task Order satisfies the minimum guarantee to this contractor for the TSAWP contract, thereby removing the need for any similar such action in the future under this contract for this contractor.

(8) The justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

(9) Any supporting data that is the responsibility of technical or requirements personnel and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel as demonstrated by his signature below.

(10) The contracting officer is the approving official for this action and has determined that (b)(2)(i)(D) of FAR 16.505 applies to the order.

Technical Officer’s Certification & Concurrence I certify that the facts and representations stated in this justification are complete and accurate which form the basis to award this requirement. Therefore the sole source award will be granted to Michael Baker Jr. Inc.

Quang Nguyen

Technical Officer

Contracting Officer’s Certification & Approval I certify that this justification is accurate and complete to the best of my knowledge and belief.

Noelle Mills Contracting Officer