Limited_Sources_Justification_(CASTNET_and_NADP_Audits).docx

U.S. ENVIRONMENTAL PROTECTION AGENCY

LIMITED SOURCES JUSTIFICATION AND APPROVAL

I. Contracting Activity

Program Name (and Program Element, if applicable):

Clean Air Markets Division

Estimated Cost/Price of the Action (including options): $

476,873.00

Authority: Multiple Award Schedule Program, FAR 8.405-6 and Type J&A:

Individual, FAR 8-405-6(b)(1) Only One Responsible Source

II. Nature and/or Description of the Action Being Processed This Limited Sources Justification is for the award of a one-year bridge contract (six-month base Period of Performance plus three (3) two-month optional periods) with Environmental Engineering & Measurement Services, Inc. (EE&MS). The period of performance for this requirement is approximately May 18, 2017 – May 17, 2018. This is a request for the continuation of service under the fixed price contract #EP-W-12-019 Support for Conducting Systems & Performance Audits for Clean Air Status and Trends (CASTNET) Sites and National Atmospheric Deposition Program (NADP) Monitoring Sites, which has expired. There is an active task order, which expires June 13, 2017, with no additional extensions possible. The re-compete for this contract is currently being conducted, and is expected to be awarded by August 31, 2017. However, if unforeseen delays occur, and the work cannot continue seamlessly, the program will experience an unacceptable stop work situation. Additionally, if the incumbent is not awarded the new contract, additional time will be needed by EE&MS, to continue performing the services, while transitioning and training the new contractor. The required services include providing surveys, audits and quality assurance (QA) assessments for monitoring stations under the National Atmospheric Deposition Program (NADP) and the Clean Air Status and Trends Network (CASTNET). The incumbent, EE&MS, has attended the annual National Performance Audit Program training offered by EPA each year to stay up-to-date on changes to the federal regulations and modifications to EPA’s QA Handbook. EE&MS is invited to this training because they audit the CASTNET sites. Additionally, EPA and NADP have approved the methods and criteria used by EE&MS (by approving their QAPP and Standard Operating Procedures) to ensure they are meeting the program and regulatory requirements. A new contractor would need time to prepare the documentation and EPA would need additional time to verify the methods and procedures meet the requirements of the program. EE&MS is also familiar with the CASTNET and NADP field operations and the respective Quality Assurance Project Plans (QAPP). The incumbent has procured audit equipment and standards (gas cylinders, weights, gas calibrators) that have been NIST certified and/or certified by the EPA regional laboratories. The equipment certifications are required under EPA regulations and guidance. At this time, EPA does not have another contractor that could perform the audits without a lapse in service while they are trained, QA documentation is prepared and approved, and equipment is certified.

III. Description of the Supplies/Services Required to Meet the Agency’s Needs The NADP’s wet deposition network and EPA’s CASTNET network has been used to characterize trends in deposition levels and atmospheric concentrations of air pollutants and their precursors for more than 30 years. The services that EPA requires under this bridge contract are the field audits which provide an assessment of the overall performance of network activities for NADP’s National Trends Network (NTN), Mercury Deposition Network (MDN), Atmospheric Integrated Research Monitoring Network (AIRMoN), and the Ammonia Monitoring Network (AMoN) and CASTNET. Quality assurance (QA) and quality control (QC) activities for these networks improves overall data quality and ensures field measurements remain accurate and precise. Stringent QA/QC programs are essential for obtaining unbiased and representative atmospheric deposition measurements and for maintaining the integrity of the sample during collection, handling, and analysis. EPA supports the independent quality assurance program through the Systems & Performance Audit contract with EE&MS. CASTNET ozone measurements are used to assess compliance with National Ambient Air Quality Standards (NAAQS). Annual Performance Evaluations (PE) and Technical Systems Audits (TSA) are performed under this contract to meet the regulatory requirements in 40 CFR Part 58. Data may not be certified if the QA requirements are not met. Under this contract, auditors visit more than 90 EPA, National Park Service, and Wyoming’s Bureau of Land Management CASTNET monitoring sites to ensure that the data collected by the agencies meet the QA criteria defined in the CASTNET QAPP.

The independent auditor also performs site surveys at more than 250 NADP monitoring sites to provide a qualitative appraisal of the total measurement system at each site. Field auditors conduct routine maintenance and repairs at the sites to ensure equipment is functioning properly.

During the field surveys the auditor notes any siting criteria violations or unsafe equipment. Siting criteria violations are reported to the sponsoring agency and are often corrected so measurements are no longer affected by the violations or safety hazards (i.e. encroaching vegetation, lose bolts on the tilt-down tower). Data from the independent audit program for NADP and CASTNET sites are reported to EPA in a relational database. These data are used by EPA, the NADP Program Office, and other federal, local and state partners to assess the precision, bias, and accuracy of the measurements, which are critical to maintaining confidence in the public data provided by NADP and EPA.

These tasks include scheduling and performing site audits, validating equipment (audit equipment and on-site equipment), reporting, training site operators and participating in required trainings, and participation in NADP semi-annual meetings. The contractor will also provide all equipment and supplies. The estimated dollar value of six (6) months of service + three (3) additional two-month option periods are noted below (based on the same contract type structure of the current contract):

IV. Identification of the Justification/Rationale for Limiting Sources and Demonstration of the Contractor’s Unique Qualifications to Provide the Required Supply/Service FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or 8.405-. The specific circumstance that justifies restriction for this acquisition is FAR 8.405-6(b)(1) "Only one source is capable of responding to due to the unique or specialized nature of the work". At this time there is only one source, EE&MS that is capable of maintaining the rigorous audit schedule that is required for CASTNET under 40 CFR Part 58. As stated in 40 CFR Part 58 Appendix A, CASTNET is required to “implement a program of independent and adequate audits of all monitors providing data for NAAQS compliance purposes”. If performance evaluations are not performed annually at each site and the results are not reported to AQS, the ambient CASTNET ozone data will not be included in the NAAQS design values. States and other stakeholders rely on CASTNET ozone data to determine if an area meets the health-based ozone NAAQS (set at 70 ppb). Many CASTNET sites were at or above the standard in 2016. If a site is at or above the standard, you must continue to report data that can be certified. If this bridge contract is awarded in May 2017, letters to site operators, site supervisors and the federal agencies will already have been sent for sites that will be audited in June 2017, however EE&MS is the only auditor who responded to the sources sought notification that has completed EPA’s through the probe (TTP) audit training, which is offered each April. Additionally, the incumbent is the only auditor with approved documentation for auditing the CASTNET sites over the next several months. The bridge contract allows for the award of a new contract and a transition period if a contractor other than the incumbent is awarded the contract.

V. Determination by the Ordering Activity Contracting Officer that the Order Represents the Best Value Consistent with FAR 8.404(d) The anticipated cost to the Government is expected to be representative of a fair and mutually beneficial arrangement between the parties. As required under FAR 8.405-2(d) the Contract Officer will evaluate the proposed level of effort and labor mix. Additionally, the Government will rely on robust historical and relevant cost data, including labor rates and ODCs, collected from both multiple years from the current contract as well as other contracts for similar services to conduct an analysis of the proposed cost (inclusive of the Option to Extend Services clause which was in the current contract). Prior to award, the Contracting Officer will make a determination as to the cost being allocable, allowable, fair and reasonable using the independent government cost estimate provided before award. Where it is determined to be in the Government’s best interest, the resulting contract will be negotiated to remove any unfair or unreasonable costs or terms and conditions.

VI. Description of the Market Research Conducted Among Schedule Holders and the Results or a Statement of the Reason Market Research Was Not Conducted Market Research was conducted as part of the Acquisition Planning phase for the re-compete of the current contract #EP-W-12-019 under solicitation #SOL-DC-17-0015. A Request for Information/Sources Sought Notice with a draft Statement of Work (SOW), which did not limit the responses to small businesses, was posted on FedBizOpps for Market Research purposes in March 2017. Two potential offerors submitted capability statements as a result of the posting. Of the two that expressed interest in a future solicitation based on the technical criteria described in the SOW, only EE&MS has the capability to support the CASTNET and NADP audit program at this time. Additionally, they are currently not certified to perform PE and NPAP TTP audits, but plan to attend the training the next time it is offered. Based on those results, EPA determined that EE&MS is the only contractor who is capable of performing the work associated with this bridge contract. By awarding a bridge contract it allows other potential contractors additional time to prepare for the competition that will be conducted under the GSA Professional Services Schedule (PSS), Special Item Number (SIN) 899 1 – Environmental Consulting Services.

VII. Other Facts Supporting the Justification EE&MS is uniquely qualified to provide the required support for the following reason:

· Only EE&MS can supply the needed services within the time frame the Agency requires because we do not have a transition period built into the current contract (#EP-W-12-019) which puts the government at risk of not having a continuation of services if the incumbent is not awardee.

· For EPA to continue to report regulatory ozone data used to the support the NAAQS, EE&MS must continue to perform the independent audits at CASTNET sites without a lapse in service. The end of this contract period (June 13th) falls in the middle of ozone season for most states (typically April – October). Audit results must be submitted to EPA’s AQS for annual data from a site to be considered complete and used for attainment designations. EPA relies on the CASTNET data to ensure O3 data from rural areas are included in the design values. To provide timely support for the regulatory audits, a contractor must have at a minimum, the technical knowledge and understanding of CASTNET, including field measurements, quality assurance requirements, 40 CFR Part 58 regulations, and Standard Operating Procedures. The contractor must also have an understanding of site locations for both CASTNET and NADP to cost-effectively and efficiently schedule site visits, noting when sites are co-located or only easily accessible during certain periods of the year.

· Furthermore, the contractor must participate in the annual National Performance Audit Program Through the Probe (TTP) training which is held each April. Given the current time period, the incumbent will be the only contractor able to meet that requirement in 2017.

VIII. Actions 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 By executing a 6- to 12-month bridge contract to the current contract (EP-W-12-019), EE&MS can continue to perform field systems audits and provide consistent audit results as required by 40 CFR Part 58. Meanwhile, the other potential offerors will have adequate time to acquire certified equipment, mobile laboratories, and site information prior to the solicitation announcement or the proposal response date under the GSA Fair Opportunity competition. We are recommending that the Limited Sources Justification only be used to bridge the current contract for 6-months (with three (3) two-month option periods) to cover a potential gap in performance of the current contract and the new contract.