Justification_for_an_Exception_to_Fair_Opportunity_Posting.docx

Justification for an Exception to Fair Opportunity FAR 16.505 (b)(2)(i)(C) – Logical Follow-on

(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 to contract for follow-on support to Contract EP-C-12-055, Task Order 5. The initial Task Order was competed among all of the Multiple Award Contract holders and awarded to Tetra Tech.

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

The purpose of Duwamish Pollutant Loading Assessment task order is to finalize a draft modeling quality assurance project plan (QAPP), analyze existing toxics data for both rivers (air, sediment, fish tissue and water column), update and configure, calibrate and validate the hydrodynamic portion of the watershed model (LSPC) for the Green and Duwamish Rivers, and continue working with the existing Technical Advisory Committee and interested parties on model development, including incorporating comments from these groups; ensuring, to the extent possible, that future data collection considers the needs of the water quality models; and incorporating future data, as appropriate. The results of this project will be used to address toxic impairments on the Washington 303(d) list in the Green and Duwamish Rivers, and will be used to evaluate the effectiveness of toxic cleanup actions being performed under the Lower Duwamish Cleanup Record of Decision, which was published by EPA in 2014. EPA Region 10 has identified this project as a high priority because of the extent of the 303(d) listings, environmental justice issues, and because of the strong interest from local parties including three Tribes, an active citizens’ group, Boeing, Port of Seattle, City of Seattle and King County. The contractor has already expended a considerable level of effort to on the Duwamish project under Task Oder 5. It is in the best interest of the government to have the same contractor finish the work necessary under this project. The estimate of this work is $645,013.

(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)(C), this order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract and as all awardees were given a fair opportunity to be considered for the original order. The relationship between the initial order and the follow-on is logical in terms of scope because the follow-on order will provide for the completion of the Duwamish project. Because this task is a complex, multi-year effort, funding allotted was not sufficient to complete the project. Having another contractor perform the remaining portion of the work at this point would be inefficient, likely would require additional funds (to review the data and reports) and time to get up to speed, and therefore delaying the schedule. The purpose of this request is to allow Tetra Tech to complete the QAPP and model set-up within the time frame required by Ecology. The initial order was set up as a cost plus fixed fee – term Task Order. The period of performance of the follow-on order will provide for completion of the Duwamish project originally initiated under Task Order 5 by March 2018. Issuance of this Task Order on a sole source basis will allow for the most economical and efficient means of obtaining the required services.

(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. The contractor has worked on Task Order 5 over a period of approximately two and a half years to date; this Task Order provides for the completion of deliverables required under the Duwamish project. There is adequate historical information from Task Order 5 for the Task Order COR to accurately estimate the costs associated with completing the project deliverables. Additionally, CPOD and the Program Office will review the submission that the contractor will submit in response to the Task Order Solicitation. These costs will be compared to the IGCE and historical information available from Task Order 5 actuals incurred.

(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 will complete all necessary deliverables required by EPA.

(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)(C) 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.

-Signed- Jayne Carlin Technical Officer

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

-Signed- Noelle Mills Contracting Officer