Notice of Intent to Sole Source_REPA Zone 2 Contract Extension.doc

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF

ACQUISITION SOLUTIONS

Posted Date: May 9, 2024 Procurement Office: U.S. Environmental Protection Agency, Headquarters Acquisition Division, Office of Land and Emergency Management Mission Support Branch (3805R) 1200 Pennsylvania Avenue, NW Washington, DC 20460

Response Date: May 24, 2024, NLT 4:30 PM EST Pursuant to the authority granted by 41 U.S.C.253(c) (1), only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR 6.302-1, the U.S. Environmental Protection Agency (EPA)’s Region 6 Land, Chemical, and Redevelopment Division (LCRD) intends to extend the following existing multiple-award indefinite-delivery/indefinite quantity (IDIQ) contracts that expire June 5, 2024:

68HERH19D0019

Mabbett & Associates, Inc. (Mabbett)

68HERH19D0020

S C & A, Inc. (SCA)

68HERH19D0021

Toeroek Associates, Inc. (Toeroek) The extensions are necessary to ensure the continuation of mission-critical support for RCRA enforcement, permitting, and compliance activities and Brownfields activities, and for new Task Orders to be issued for currently unforeseen in-scope needs in support of the LCRD’s programs and missions, as the Agency completes the competitive follow-on consolidated recompete that will likely result in multiple awards and is projected to be awarded in FY 2025. The requested extension also accounts for the time needed to establish the competitive issued orders under the new vehicle. This extension does not impact the scope or ceiling of the existing contracts.

The current contracts provide for provide technical support services to EPA Zone 2, comprised of EPA Regions 4, 5, and 6. The tasks areas supported via these contracts include: technical reviews and analysis/assessment support, field oversight, inspection, sampling and data review, enforcement negotiation and expert witness support, records and data management, and training, conferences, and public involvement. The contracts support EPA activities, as well as EPA coordinated efforts with states, tribes and other Federal agencies, at private, state and federal facilities, Indian Country, U.S. Territories, along the United States international borders, and further abroad. The activities required under these contracts support the RCRA mission-critical goals and other programs or related Agency initiatives.

To achieve RCRA program goals, four (4) distinct yet interrelated programs exist under RCRA:

· Subtitle D of RCRA promotes and encourages the environmentally sound management of solid waste. It includes minimum Federal technical standards and guidelines for state solid waste plans.

· Subtitle C establishes a management system that regulates hazardous waste from the time it is generated until its ultimate disposal, in effect, from “cradle to grave”.

· Subtitle I regulates petroleum products and hazardous substances (as defined under Superfund) that are stored in underground tanks. It establishes performance standards for new tanks and requires leak detection, prevention, and corrective action at underground tank sites.

· Subtitle J regulates medical waste generation, treatment, destruction, and disposal.

In conjunction with achieving the RCRA program goals, other programs or related Agency initiatives may be addressed under these contracts. This includes the following programs and initiatives: Clean Air Act (CAA), Clean Water Act (CWA), Toxic Substance and Control Act (TSCA), Safe Drinking Water Act (SDWA), Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation Challenge (RCC), Pollution Prevention (P2), National Environmental Performance Track (NEPT), Environmental Management Systems (EMS), Border 2012, Environmental Justice (EJ), National Environmental Justice Advisory Committee (NEJAC), Community Based Environmental Protection (CBEP), Emergency Planning and Community Right to Know (EPCRA), Brownfields, and other new initiatives and special programs. The REPA contracts are both instrumental and critically necessary for EPA to these achieve the programmatic goals that support its mission of protecting human health and the environment.

The Contracting Officer has determined that the only way to ensure the critical services under the contract continue uninterrupted is to obtain support for these services through the current contractors, Mabbett, SCA, and Toeroek. Over the life of the current contracts these contractors have developed a strong knowledge base, unique skillsets, and acquired expertise relative to the program and processes that are critical to carrying out tasks efficiently and effectively. The existing task orders were competed using the fair opportunity process and each contractor is distinctively positioned to support their existing task order(s). The experience and familiarity with existing projects enable Mabbett, SCA, and Toeroek to seamlessly support these requirements without having a need to ramp-up and expend the time and costs associated recompeting task orders for existing projects, training and developing personnel to support these projects.

Task orders are already in place under all three (3) REPA Zone 2 support contracts that provide mission-critical RCRA Enforcement, Permitting and Assistance support for Regions 4, 5, and 6 relative to the following areas: support of EPA’s implementation the RCRA program, support for RCRA facility inspections, support for EPA enforcement actions, support for timely permitting of private entities, provide sampling and Targeted Brownfields Assessments in support of local municipalities, and assisting EPA efforts to interact with the state and local communities. There are presently no other contractors capable of stepping in to support the immediate needs of these existing mission-critical projects without causing detrimental delays to the programs’ mission. A complete list of the task orders that are currently active under each Zone 2 contract and being extended under the requested bridge JOFOC period of performance, is detailed in the table below:

68HERH19D0019

68HERH19D0020

68HERH19D0021

The IDIQ extensions are anticipated for a maximum period of six (6) months.

NO SOLICITATION IS AVAILABLE. This notice of intent is not a request for competitive proposals. However, pursuant to FAR 5.207(c)(16)(ii), all responsible sources may submit a capability statement which shall be considered by the agency. Capability statements must be received within the time set forth in this announcement to be considered by the Government. Each response should include the following Business Information:

· Unique Entity Identifier (UEI)

· Company Name and Address

· Company Point of Contact, including Phone and Email

· Capability Statement Responses to this notice must be in writing and provide clear and convincing evidence that competition would be advantageous to the Government. A determination not to compete based upon the responses to this notice is solely within the discretion of the Government. All questions should be directed to Mary Doherty, Contract Specialist, ONLY VIA EMAIL at doherty.mary@epa.gov.