Limited_Source_Final_1.docx

Limited-Source Justification Multiple Award Schedule Program Technical Support for Assessment and Watershed Protection (TSAWP) III Multiple Award BPAs 68HERC22A0019, -20 and -21 FAR 8.405-6(a)(1)(i)(B) - Only One Source

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

Environmental Protection Agency Office of Acquisition Management Cincinnati Acquisition Division (CAD)

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

The purpose of this new call order is to provide for follow-on support to Contract EP-C-17-046, Task Order 0001, which was competed among the contractors under the Technical Support for Assessment and Watershed Protection (TSAWP II) Multiple Award Contract holders and awarded on 02/14/2018. The period of performance of this current task order is 04/01/2018 to 03/31/2023. This action seeks to continue specific critical work as described below with the following BPA and FSS holder under TSAWP III:

BPA # 68HERC22A0021

GSA FSS Contract No. GS-00F-168CA Tetra Tech, Inc

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

Task Order 0001, Tetra Tech EP-C-17-046, Total Maximum Daily Load (TMDL) Support for Alaska, Idaho, Oregon, and Washington Waters provides a list of possible tasks including the following: development of TMDLs (including model application), measurement of TMDL effectiveness, training and meeting support on TMDLs, and peer review. The proposed task order will focus on completing aspects of TMDL development in Oregon, Idaho, and Washington for specific watersheds. These activities began in Task Order 0001. The states will also develop portions of these TMDLs. EPA anticipates that the following projects will not be completed by the end of this task order on March 31, 2023 and will be included in this new call order: Jordan Creek ID Mercury Revised TMDL support, revised temperature TMDLs in the North Umpqua, Willamette, and Snake River/Hells Canyon basins. The IGE for this requirement is $417,217 (2,900 LOE), encompassing the Base Period and Option Period 1.

(4) The authority and supporting rationale (see 8.405-6 (a)(1)(i)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service:

As allowed under FAR 8.405-6(a)(1)(i)(B), this order may be issued on a sole-source basis, as only one source can provide the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. The previous order referenced in section 3, provided that all awardees were given a fair opportunity to be considered for the original order. The relationship between the current order and the follow-on is logical in terms of scope because the follow-on order will provide for the completion of the TMDLs listed in section 3. Work on these projects had been previously undertaken in the current task order by the current contractor and the Oregon Temperature TMDLs are time critical due to litigation described in the next paragraph.

The Oregon TMDL litigation (Nw. Env't Advocs. v. United States Env't Prot. Agency, No. 3:12- CV-01751-AC, decided in 2017) requires 15 temperature TMDLs to be established over an eight- year period. Oregon has agreed to take the lead on establishing these TMDLs, but EPA has the responsibility for complying with the Court’s Order. Although Oregon is leading these efforts, EPA provides support to the state during TMDL development to ensure that the TMDL is technically justifiable and legally defensible. The revised Court Order issued on 9/24/2020 instructs Oregon Department of Environmental Quality (OR DEQ) and EPA to replace the temperature TMDLs in specified groupings on a schedule running from 1/15/2024 through 5/29/2028. The TMDL subbasins containing the greatest number of NPDES permittees (and therefore more complex) are scheduled earlier under the Court-ordered timeline.

In addition, a new lawsuit filed by NWEA in August 2021 could require OR DEQ to spend more time on TMDLs not included in this list, so EPA contractor support to stay on the schedule ordered by the Court is essential. EPA is taking the technical lead on the development of the Snake River/Hells Canyon TMDL and supporting new modeling work for the North Umpqua temperature TMDL and several Willamette Subbasin TMDLs. These TMDLs require modeling support due to the presence of dams, removal of dams, or new sources of heat load since the original TMDLs were developed.

In addition to the Oregon Temperature TMDL work described above, EPA is using contractor support for two other projects. In Idaho, EPA disapproved the Jordan Creek Mercury TMDL and a revised TMDL has not yet been established. EPA is providing Idaho with technical support in revising the TMDL. Because it has been over 10 years since the disapproval, there is a high risk of litigation. In addition, in February 2022, EPA agreed to settle litigation concerning TMDLs for PCBs in the Spokane River. The final TMDL must be established by September 2024.

The current task order (EP-C-17-046; 0001) has a period of performance end date of March 31, 2023. Due to the complexities of the work, the new litigation in Oregon, and EPA’s sole responsibility to complete the Spokane PCB TMDL, it is essential that the current contractor, Tetra Tech complete the TMDLs begun under Task Order 0001. The scope of the new call order will include support for completion only of the TMDLs that cannot be separated without requiring significant time delays and additional hours to bring in a new contractor. If the sole source call order is not initiated and awarded, EPA is likely to miss critical litigation deadlines, potentially resulting in additional work for EPA. Also, costs and time for these projects would increase if a new contractor needed to take over in the middle of these complex projects, which involve complex modeling and a deep familiarity with the state-specific data, information, and needs, which Tetra Tech is only source with this unique experience with these TMDLs. The period of performance of the follow-on order will provide for completion of the TMDLs is anticipated to be April 1, 2023, through March 31, 2025.

(5) A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404 (d).

The Contracting Officer and the Program Office anticipate that the cost to the Government will be fair and reasonable, as GSA has already determined the prices of rates for services offered at hourly rates, under schedule contracts to be fair and reasonable.. Tetra Tech has worked on Task Order 0001 from 04/01/2018 to the present. This call order provides for the completion of the remaining work that has already been started. There is adequate information from a variety of sources for the Call Order COR to accurately estimate the costs associated with these potential tasks. Additionally, CAD and the Program Office will review the submission that the current contractor will submit in response to the Task Order Solicitation. These costs were compared to the IGE and the CO conducted a price evaluation as required by 8.405-2(d). This call order will be awarded as a Time and Materials – term and presents the best value to the government.

(6) A statement of why market research was not conducted among schedule holders:

Contract EP-C-17-046, Task Order 0001 was competed among all contract holders under the Technical Support for Assessment and Watershed Protection (TSAWP II) Multiple Award IDIQ Contract and awarded on 02/14/2018. This action seeks to continue specific critical work as described under #4 as the current multiple award BPA holder, Tetra Tech is in progress with a number of TMDLs from the original order. No other schedule holder has this unique experience. If there is new work resulting from, augmented or additional lawsuits related to this effort, this work will be fully competed among all BPA holders under the TSAWP III BPAs.

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

(8) The justification is accurate and complete to the best of the contracting officer’s knowledge and belief as demonstrated by their signature below.

(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 their signature below.

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.Ramrakha, Jayshika Digitally signed by Ramrakha, Jayshika Date: 2022.10.11 14:40:51 -07'00'

Jayshika Ramrakha Technical Officer

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

LAWRENCE EDELMANN

Digitally signed by LAWRENCE EDELMANN Date: 2022.10.21 07:29:17 -04'00'

Lawrence Edelmann Contracting Officer

Team Lead Certification & Approval I certify that this justification is accurate and complete to the best of my knowledge and belief. Per EPAAG 1.6.1, TL or Higher Approval is required for FAR 8.405-6 requirements up to the $750,000 threshold.

Digitally signed by SANDRA STARGARDT-LICIS Date: 2022.10.25 09:44:44 -04'00'SANDRA STARGARDT-LICIS

Sandy Licis Team Lead and Contracting Officer Post-award Team B (CAD/OW-OAR POST B) image1.jpeg