JOFOC.pdf

U.S. Environmental Protection Agency, Region 4

Justification for Other Than Full and Open Competition

Superfund Regional Oversight Contract (ROC)

Part I- BACKGROUND

Program Office:

Project Officer:

Project Identification:

Region 4 Superfund Division

Darryl Walker

U.S. EPA Region 4, Superfund Division

Atlanta Federal Center, Atlanta, GA

Telephone No.: (404) 562-9717

Email: walker.darryl@epa.gov

Region 4 Regional Oversight Contract (ROC) 3

Contract No. EP-W-05-040

Description of Services Required:

On July 8, 2005, EPA awarded and Indefinite Quantity/Indefinite Delivery type contract EP-W -05-040/Regional Oversight Contract (ROC) 3 to TechLaw, Inc., for services in support of oversight of Federal Facility environmental cleanup activities in Region 4 under the Comprehensive Environmental Response, Compensation and Recovery Act (CERCLA), the National Contingency Plan (NCP) and the Resource Conservation and Recovery Act (ACT):

Regional Oversight Contract (ROC) 3. The Region 4 Superfund Division relies on this contract to provide oversight of environmental cleanup activities at Federal Facility Superfund sites across the eight states that comprise the Region. The Superfund Program provides this cleanup oversight within legally enforceable agreements with Department of Energy, Department of Defense, and NASA facilities. The current contract is scheduled to expire on January 6, 2012.

However, the follow-on contract will not be awarded by that time. Additional ordering capacity in the amount of $549,801 is required to provide continuity of services at ongoing sites from January 7, 2012 through 12 months thereafter, until anticipated award ofthe follow on contract.

Any interruption in Contractor support poses a significant risk of EPA delaying milestones that extend into fiscal year 2012, while the new contract solicitation and award process is completed. TechLaw, Inc., has been providing support for this Program and Program deadlines since the contract was awarded in 2005.

Estimated Amount of Increase: $549,801.00

Period of Performance: The period of performance for the proposed additional ordering capacity is January 7, 2012 through December 31, 2012.

Superfund Regional Oversight Contract (ROC)

Proposed Contractor:

TechLaw, Inc.

310 Maxwell Road, Suite #500

Alpharetta, GA 30004-2066

(770) 752-7585

PART II- JUSTIFICATION

1. Identification of the agency, and the contracting activity, and specific identification of the document as a "Justification for Other than Full and Open Competition".

The Environmental Protection Agency, Region 4, proposes a justification for other than full and open competition (JOFOC). The Region 4 Acquisition Management Section (AMS) is the contracting activity issuing the action.

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

The action to be approved is a modification of Contract No. EP-W-05-040 (TechLaw, Inc.) to increase the ordering capacity of the contract by $549,801.00, and extend the end of the period of performance from January 6, 2012 to December 31,2012.

3. A description of the supplies or services required to meet the Agency's needs (including the estimated dollar value).

Additional support from TechLaw is essential to the continued work at ongoing EPA Region 4 Superfund Program environmental cleanup oversight activities at thirteen (13) Federal Facility

Superfund sites under thirteen (13) separate task orders through the extendedperformance period

(December 31, 2012). The Contractor support will facilitate the Program's achievement of multiple enforceable deadlines under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). Continued support is needed for ongoing projects with milestones set by the Superfund Division in Fiscal Year 2011 which extend into Fiscal Year 2012. Accomplishments of these deadlines and milestones will directly lead to a cleaner environment and protection of human health, including the health of children (a priority of the EPA Administrator).

The scope of services that are required to meet the Program's needs include: technical review of documents; technical team meeting support; support for negotiation activities; field oversight of the construction of engineered cleanup solutions; and community involvement planning and implementation. Additionally, the services provided by the Contractor support President Obama's economic recovery goals for the nation under the American Recovery and

Reinvestment Act of2009 (ARRA) at three Department of Energy Superfund sites in Region 4:

Superfund Regional Oversight Contract (ROC)

Savannah River Site, Oak Ridge Reservation, and the Paducah Gaseous Diffusion Plant.

Continued support from the Contractor is essential to the community involvement activities, including Environmental Justice meetings in communities throughout Region 4, and Superfund· Job Training planning. During the performance period, a nationally significant Record of Decision for cleanup of groundwater contamination in a complex geological setting will require continued expert technical review support from the Contractor in support of EPA approval and signature. This cleanup decision will address contamination from the Anniston Army Depot that is impacting a public water supply above EPA drinking water standards. Continued support from the Contractor is essential to Region 4' s implementation of the EPA National Enforcement Strategy to achieve CERCLA Federal Facility Agreements at the Redstone Army Arsenal and Tyndall Air Force Base Superfund sites. In addition, Contractor support is needed in Fiscal Year 2012 in support of resolving an informal dispute between the Air Force and the Program on three groundwater remedies.

The following sites are ongoing: Savannah River Site Federal Facility Agreement Support, Oak Ridge Reservation Federal Facility Agreement Support, NASA Marshall Space Flight Center, Redstone Army Arsenal, Parris Island Marine Corps Recruit Depot, Albany Georgia Marine Corps Logistics Base, Paducah Gaseous Diffusion Plant Federal Facility Agreement, Myrtle Beach Air Force Base, Milan Army Ammunition Plant, Tyndall Air Force Base, Anniston Army Depot, Oak Ridge Reservation Oversight Support, Pensacola Naval Air Station.

The estimated dollar value of the work to be performed by the Contractor during the performance period (through December 31, 2012) is $549,801.00.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition relative to this justification is 41 U.S.C. 253 (c) (2), Unusual and Compelling Urgency, as implemented by paragraph 6.302-2 of the Federal Acquisition Regulation (FAR).

5. A demonstration, based on the proposed contractor's qualifications or the nature of the acquisition, that use of the authority cited is required.

FAR 6-302-2, Unusual and Compelling Urgency, is the most appropriate citation permitting other than full and open competition to provide a, $549,801.00 increase in ordering capacity under the current ROC for technical support to the Region 4 Superfund Division for oversight of Federal Facility environmental cleanup activities. In summary:

• Competition and award of the new Region 4 ROC has been significantly delayed, with requirements not yet definitized. The current ROC performance period expires on January 6, 2012 and the solicitation package for the follow-on package is still under development.

Superfund Regional Oversight Contract (ROC)

• Ordering capacity under the current ROC is not sufficient to support EPA's needs until the new contract is awarded. It is anticipated that current ordering capacity ceiling will be reached months in advance of award and funding of the new Region 4 Regional Oversight Contract (ROC) 4.

• If the requirement for additional capacity is competed, it would likely take 6 months or more to award the requirement, and the current capacity is anticipated to be exhausted before well before time, hence resulting in a break in contractor support. This would result in unacceptable delays, including the failure to meet EPA deadlines under legally enforceable agreements with twelve (12) Federal Facility Superfund sites, including an EPA imminent and substantial endangerment order, and work under the American Recovery and Reinvestment Act of 2009.

The Superfund Program is responsible for meeting deadlines in legally enforceable agreements with the Department of Energy, the Department of Defense, and NASA, for Federal Facility Superfund sites throughout Region 4. These agreements include an EPA Region 4 imminent and substantial endangerment Order under Section 7003 of the Resource Conservation and Recovery Act at an Air Force Superfund site. The Program relies on the Contractor to ensure that these deadlines are met to ensure protection of human health and the environment. The Region 4 Program also relies on the Contractor to ensure that EPA and the Federal Facilities meet the requirements (including reporting requirements) and deadlines imposed by the American Recovery and Reinvestment Act of 2009 at three Department of Energy Superfund sites.

• Award of oversight support services with sufficient ordering capacity to any source other than the current Contractor would result in significant disruption of the on-going environmental cleanup work at twelve (12) Federal Facility Superfund sites under the current contract. This disruption would cause harm to EPA by delaying or preventing the Agency from performing its statutory Federal Facility oversight responsibilities. This harm, in tum, may cause ·harm to the public and the environment by allowing conditions of uncontrolled hazardous substance release to continue without being sufficiently abated.

Due to the urgency as noted above, TechLaw is the only source reasonably available to meet the urgent and compelling needs of the Region 4 Superfund Federal Facilities program. TechLaw's services are critical to ensure continuity of operations at the Region 4 Federal Facility sites.

Thirteen Task Orders are active on the ROC3 contract. All sites under these Task Orders have the typical high level of technical complexity and multiple types of ongoing investigations and remedy designs and implementations. Notably, two ofthe Region's Department of Energy sites are undergoing accelerated cleanups resulting from President Obama's economic recovery goals for the nation under the AMERCIAN RECOVERY AND REINVESTMENT ACT. Loss of continuity' of oversight of these important actions would occur if the additional contract capacity is not increased.

Superfund Regional Oversight Contract (ROC)

6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

As noted above, TechLaw is the only source reasonably available given the urgent and compelling nature of the requirement, and the need for continuity at ongoing sites. However, a notice will be publicized in Fedbizopps.gov in accordance with FAR 5.201, and 6.305.

7. A determination by the contracting officer that the anticipated cost will be fair and reasonable.

The ROC 3 requirement was processed as a competitive procurement. TechLaw's cost proposal was determined to be fair and reasonable at the time of the contract award. A cost proposal will be requested from the contractor for each task order under which additional work is required.

The Contracting Officer will evaluate the proposals and negotiate a fair and reasonable price with the contractor. It is anticipated that the labor rates for the additional capacity will be the same or similar to those under the current contract.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market Research was conducted for the ROC 3 solicitation. There were two (2) proposals submitted in response to the solicitation from small businesses.

Specific market research for the additional capacity to provide ongoing work was not performed because it is impractical for the proposed supplemental work to be performed by another contractor without causing significant delays in fulfilling the region's requirements.

EPA will not meet the deadlines under legally enforceable agreements with thirteen (13) Federal Facility Superfund Sites as previously discussed.

Once this Justification for Other than Full and Open Competition is publicized, in accordance with FAR 5.201 and FAR 6.305, a listing of interested sources will be added to the file for the ROC 4 reprocurement.

Superfund Regional Oversight Contract (ROC)

9. Any other facts supporting the use of other than full and open competition, such as:

when 6.302 is cited for follow-on acquisitions as described in 6.302(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

TechLaw is uniquely qualified to fulfill the requirements associated with the proposed action as this Contractor has been providing support to the Region 4 Superfund Program for Federal Facility environmental cleanup oversight since 2005. The current contractor has successfully earned each ofthe two performance-based award terms available in the current ROC. The Contractor has developed site-specific expertise in the human health and ecological risks and hazards posed by contamination at each ofthe twelve Department of Energy, Department of Defense, and NASA facilities covered under the proposed action. The contractor already has an appropriate staffing plan in place. The contractor also has equipment on hand to provide technical support, including field oversight of planned cleanup activities such as time-critical removal actions, and unplanned cleanup activities such as emergency removal actions. The current contractor can immediately respond to any site-specific technical issues that, if evaluation and response were delayed, might result in unacceptable exposures of people to contaminants, irreversible damage to critical environmental resources. Delays in meeting milestone dates in enforceable agreements between EPA and these federal facilities might also occur.

10. A listing of the sources, if any, that express, in writing, an interest in the application.

There was interest in the original competitive ROC 3 solicitation. The Pre-Solicitation Conference Registration Log for the ROC 3 solicitation indicates that the March 2004 conference was attended by 3 8 (non-EPA) individuals representing 18 interested firms. Two of those parties subsequently submitted technical and cost proposals in response to the Region 4 ROC 3 Request for Proposals.

No other sources were sought as this action to increase ordering capacity facilitates a short-term (twelve month), temporary, continuation for provision of services under an existing pricing schedule to facilitate transition to the new competitively awarded Regional Oversight Contract.

Once this Justification for Other than Full and Open Competition is publicized, in accordance with FAR 5.201 and FAR 6.305, a listing of interested sources will be added to the file for future reference.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services is required.

The ROC 4 requirement will be advertised and competed as a total small business set aside. The new contract is estimated to be awarded in mid September 2012.

Superfund Regional Oversight Contract (ROC)

12. Contracting Officer Certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief.

CONTRACTING OFFICER CERTIFICATION

Kimberly Washington ~01

Da

Contracting Officer, Region 4

Technical/Requirements Personnel's Certification

As evidenced by their signatures on the signature page, the technical and/or requirements personnel have certified that any supporting data contained herein which is their responsibility are both accurate and complete.

I certifY that the data supporting the recommended use of other than full and open competition for the acquisition of additional ordering capacity are complete and accurate.

1~/tJr/~utl ~I

. Corkran, Ph.D., Remedial Project Manager Date

Superfund Division, Federal Facilities Branch

Date ~anklin Hill, Director, Superfund Division