Limited Source Justification EIS (693JJ921RQ000455).pdf

Memorandum

U.S. Department of Transportation

National Highway Traffic Safety Administration

Subject: Required approval for: Limited Source Justification for Modification to Task Order with ICF Incorporated, LLC, DTNH2216F0085, under FAR Part 8

Date: March 05, 2021

From: Lauren Weitzel Contract Specialist

Office of Acquisition Management

To: Vincent C. Lynch Contracting Officer

Thru: Vinay Nagabhushana, Contracting Officer’s Representative (Task Order) (COR (TO));

Fuel Economy Division (NRM-320)

The attached document is submitted for your signature. This is a Limited Source Justification for a Modification to Award No. DTNH2216F00085. This action is being made pursuant to 41 U.S.C. § 3302(c)(1), 41 U.S.C. § 4106(c)(3), and FAR 8.405-6(a)(1)(c).

U.S. Department of Transportation National Highway Traffic Safety Administration

Limited Source Justification

Modification of Contract No: GS00F010CA, Order No.: DTNH2216F00085 with the National Highway Traffic Safety Administration (NHTSA) and ICF Incorporated, LLC, on behalf of Office of the Fuel Economy Division of the Office of Rulemaking (NRM) for the project entitled:

“Environmental Impact Statement for the Model Year 2022 to 2025 Corporate Average Fuel Economy Standards”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. NHTSA Office of Acquisition Management

(OAM).

b. Sponsoring organization. Office of Rulemaking (NRM), Fuel Economy Division

(NRM-320).

c. Project Officer/Requisitioner information:

Contracting Officer’s Representative (COR) name: Vinay Nagabhushana

Office address: 1200 New Jersey Ave, SE Washington, DC 20590, W43-444

E-mail address: vinay.nagabhushana@dot.gov

Telephone number: (202) 366-1452

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

a. Acquisition purpose and objectives. Request a Limited Source Justification (LSJ) for a modification to the Task Order to ICF Incorporated, LLC under the authority of FAR 8.405-6(a)(1)(c) to perform environmental consulting services for NHTSA, particularly the development of a Supplemental Environmental Impact Statement (EIS) (including Draft Supplemental EIS and Final Supplemental EIS deliverables, as well as other tasks and deliverables associated with their development) directly associated with the deliverables previously provided under the contract. Support and services are envisioned to include aspects related to the development and publication of the Supplemental EIS documents, including the review and organization of public comments. The services, support, and deliverables would assist NHTSA in satisfying its environmental obligations associated with its responsibility under Executive Order 13990 to consider suspending, revising, or rescinding “The Safer Affordable Fuel-

Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks,” 85 FR 24174 (April 30, 2020), including meeting the July 2021 deadline specified in the Executive Order.

b. Project background. The scope of the current contract is for the development of an Environmental Impact Statement (including a Draft EIS and a Final EIS, as well as other tasks and deliverables associated with their development) for Corporate Average Fuel Economy Standards (CAFE) for model year (MY) 2021-2026 passenger cars and light trucks. (Although originally framed as standards for MYs 2022-2025, NHTSA exercised its authority to amend its standards for MY 2021 and issue new standards for MY 2026 as part of its rulemaking action. The tasks and deliverables under the Task Order remained the same, and the additional regulated years required only a small amount of additional work within scope of the original award.) NHTSA published the Draft EIS and Final EIS prepared under the current contract and finalized CAFE standards for those model years as part of “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks,” 85 FR 24174 (April 30, 2020) (SAFE Vehicles Rule).

Executive Order 13990 requires NHTSA to consider suspending, revising, or rescinding the SAFE Vehicles Rule, including publishing for notice and comment a proposed rule by July 2021. NHTSA intends to issue a Draft Supplemental EIS and a Final Supplemental EIS as part of its efforts toward meeting the obligation of the Executive Order. In order to meet the timeline, NHTSA requires immediate contractor support to leverage the work that has already been completed in order to issue the supplemental documents.

The period of performance under the current contract would be extended twelve (12) months from September 2021 to September 2022.

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

a. Project title. “Environmental Impact Statement for the Model Year 2022 to 2025 Corporate Average Fuel Economy Standards”

b. Project description. The Contractor shall provide services to analyze environmental impacts and produce deliverables associated with a Draft Supplemental Environmental Impact Statement and a Final Supplemental Environmental Impact Statement for a rulemaking associated with suspending, revising, or rescinding “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks,” 85 FR 24174 (April 30, 2020). Specific Requirements and Deliverables associated with the modification will largely be a repeat of those existing under the contract, but leveraging work previously performed under the contract to supplement the deliverables that were previously produced. Specifically, the Contractor will support NHTSA in performing technical analysis of the potential environmental impacts of the agency’s proposed action and in the preparation and distribution of a Draft Supplemental Environmental Impact Statement and a Final Supplemental Impact Statement. The Contractor will also assist NHTSA with reviewing and organizing public comments associated with its environmental analysis, as well as in drafting responses to those comments. The Contractor will be responsible for maintaining the administrative record and providing it to NHTSA as requested.

Provide the following information:

Requirement type.

Support services (non-research & development)

Supplies/equipment

Information technology (IT)

Other (specify): ____________________

Type of action.

New requirement

Follow-on

Other (specify): ______________________

Proposed contract/order type.

Firm-fixed-price

Time and materials

Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

Other (specify): Modification of existing contract

Acquisition identification number. Purchase Request 693JJ921RQ000455, Modification Number DTNH2216F00085, Mod. 0006.

c. Total estimated dollar value and performance/delivery period. The total estimated dollar value of the modification is $2,499,921.00, and the total performance/delivery period is to be extended to September 2022.

4. Identification of the justification rationale [see 8.405-6(a) and (b)] and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

a. Acquisition authority.

This acquisition is conducted under the authority of the Multiple-Award Schedule Program. Consideration of schedule contractors will be restricted to: ICF Incorporated, LLC. The statutory authority for the proposed modification to the Task Order with ICF Incorporated, LLC is 41 U.S.C. § 3302(c)(1) and 41 U.S.C. § 4106(c)(3), as implemented by FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

NHTSA requires immediate contractor services in order to meet the July 2021 deadline specified in the Executive Order. ICF Incorporated, LLC, having provided environmental contracting services to produce the Draft EIS and Final EIS for the SAFE Vehicles Rule, is positioned to provide a Draft Supplemental EIS and Final Supplemental EIS efficiently. They are already familiar with the material and analysis for the original rulemaking, and are therefore able to economically and efficiently ramp up to support NHTSA’s efforts to supplement the Draft EIS and Final EIS. As supplemental documents supporting NHTSA’s efforts to suspend, revise, or rescind the SAFE Vehicles Rule, the work is a logical follow-on for effort they previously provided under an original Federal Supply Schedule order that was placed in accordance with applicable procedures and that was not issued under sole-source or limited-source procedures. Furthermore, as ICF Incorporated, LLC remains under contract to NHTSA to provide environmental consulting services associated with completing the specific requirements of that prior order, NHTSA may pursue a modification of that contract in lieu of undertaking a new, sole-source procurement.

This acquisition is conducted under the authority of the Multiple Award Schedule Program. Consideration of schedule contractors will be restricted to: FAR 8.405-6(b)(1) Items peculiar to one manufacturer.

b. Demonstration of the proposed contractor(s) unique qualifications to provide the required supply or service.

N/A

5. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

Since GSA has already determined the prices of the supplies and services under FSS contracts, including rates for services offered at fixed hourly rates, to be fair and reasonable; and by placing an order against a schedule contract using the procedures in FAR 8.405, the ordering activity CO has concluded that the order represents the best value (see FAR 2.101) and results in the lowest overall cost alternative. Any additional discounts will be sought by the Contracting Officer before placing an order. The type of pricing information, if any, that will be obtained from the schedule contractor(s) in relation to seeking additional discounts and the extent of the price evaluation anticipated will be to determine that the total price is reasonable.

Additionally, the cost proposal submitted by ICF Incorporated, LLC will be reviewed for a detailed cost and price analysis and compared to government cost estimates prior to initiating any negotiation. In the event the analysis of the proposal reveals unanticipated or excessive costs, or reflects a cost that is inconsistent with the anticipated level of effort, negotiated adjustments will be made before the modification to the Task Order is issued.

6. Description of the market research conducted among schedule holders and the results, or a statement of the reasons market research was not conducted.

NHTSA has authority under FAR 8.405-6(a)(1)(C) to issue a sole-source procurement to ICF Incorporated, LLC, and it has identified the rationale for that justification under Section 4 above.

As the Contractor for the SAFE Vehicles Rule Draft EIS and Final EIS, ICF Incorporated, LLC has significant familiarity with the analyses underlying those documents, the work performed on those documents, and the public comments already received as part of preparation of the Draft EIS and Final EIS. In the interest of economy and efficiency, they are able to support NHTSA’s efforts to suspend, revise, or rescind the SAFE Vehicles Rule by supplementing the work already performed. The lead time and cost required by another Contractor to gain such a level of familiarity would jeopardize NHTSA’s ability to meet the deadline required under Executive Order 13990, and it would be time consuming and expensive.

7. Any other facts supporting the justification.

N/A

8. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

a. Removal of barriers to competition.

NHTSA is committed to following competitive acquisition procedures for any future procurement associated with the development of an Environmental Impact Statement supporting a separate CAFE rulemaking activity for model years beyond 2026.

b. Listing of sources, if any, that expressed an interest, in writing, in the acquisition.

NHTSA has received a statement of interest, in writing, from ICF Incorporated, LLC with regard to providing the environmental consulting services necessary to support NHTSA’s efforts in response to Executive Order 13990.

9. Program Office Certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs or requirements, or other rationale for limited sources, in accordance with FAR 8.405-6(c)(2) are accurate and complete.

Vinay Nagabhushana, Date Contracting Officer’s Representative (COR)

10. Contracting Officer Certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval, pursuant to the authority of FAR 8.405-6(a)(1)(B) is accurate and complete.

Vincent C. Lynch, Contracting Officer Signature

Date

APPROVED:

Based on the foregoing justification, the use of a limited sources process is hereby approved for the modification to the task order issued to ICF Incorporated, LLC pursuant to the authority of FAR 8.405-6(d)(2).

11. NHTSA Competition Advocate signature(s).

Anne Collins, Date NHTSA Competition Advocate

Vinay NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNagabhushana, 03.05.2021

Vincent C. Lynch,