jofoc-ep-c-14-005.pdf

CONTRACTING WITHOUT FULL AND OPEN COMPETITION

JUSTIFICATIONS AND APPROVALS

Date: July 25, 2013

1.) Agency: EPA/Office of Research and Development (ORD)/Office of the

Science Advisor (OSA)

Project Officer: Robin R. Clarke Office of Research and Development Office of the Science Advisor 1200 Pennsylvania Avenue, NW (MC 8105R) Washington, DC 20460 Phone (202)564-6493 Fax (202)564-2070 E-mail: clarke.robin@epa.gov

Alternate Project Officer: Lu-Ann Kleibacker

Office of Research and Development Office of the Science Advisor 1200 Pennsylvania Avenue, NW (MC 8105R) Washington, DC 20460 Phone (202)564-7189 Fax (202)564-2070 E-mail: kleibacker.lu-ann@epa.gov

Contracting Activity: Cincinnati Procurement Operations Division

Proposed Contractor: National Academy of Sciences 500 Fifth Street, NW, Washington, DC 20001

Project Identification: Ensuring Credible Science for Science-Based Decision- Making at EPA

2.) Nature and/or Description of Action:

The purpose of this justification for other than full and open competition (JOFOC) is to support the sole source award of a contract with the National Academy of Sciences (NAS or “the Academy”) for 5 years with the purposes of: (1) assessing and validating scientific and engineering excellence in the US. Environmental Protection Agency‘s (EPA) mission and programs; (2) informing the Agency of relevant scientific and technical data and related views of experts about its research and science activities; (3) applying the judgments of science and engineering to public policy; and (4) otherwise contributing to mailto:clarke.robin@epa.gov mailto:kleibacker.lu-ann@epa.gov the vitality and productivity of the Agency’s scientific enterprise. It is in the public interest for EPA’s decision-making processes to receive-independent scientific and-technical advice of unparalleled objectivity and of the highest quality, which possesses an inherent degree of public acceptability. Under the resultant contract, the Academy may, as requested, examine, analyze and/or report on any subject of science or technology relevant to the Agency‘s mission, programs and activities.

3.) Description of the Supplies or Services Working under a cost reimbursement contract, the NAS shall establish a committee of experts informing EPA of relevant scientific and technical data and related views of experts about its research and science activities. NAS will hold meetings, roundtable discussions, and forums for developing recommendations and shall prepare reports of its findings.

4.) Estimated Value of Services: $15,000,000

5.) Authority:

Exception (*=abbreviated) Authority FAR Cite

[X] Only One Responsible Source* 41 U.S.C. § 3304(a)(1) 6.302-1 [ ] Unusual and Compelling Urgency 41 U.S.C. § 3304(a)(2) 6.302-2 [ ] Industrial Mobilization* 41 U.S.C. § 3304(a)(3) 6.302-3 [ ] International Agreement 41 U.S.C. § 3304(a)(4) 6.302-4 [ ] Authorized or Required by Statute 41 U.S.C. § 3304(a)(5) 6.302-5 [ ] National Security 41 U.S.C. § 3304(a)(6) 6.302-6 [ ] Public Interest 41 U.S.C. § 3304(a)(7) 6.302-7

6.) Describe how the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

I recommend this procurement be processed without full and open competition with the NAS. The basis of this recommendation is discussed below:

Only One Responsible Source Will Satisfy The Agency’s Requirements (As provided in 41 U. S. C. 253(c)(1) and FAR 6.302-1)

Background:

EPA’s ability to make sound environmental decisions requires a strong scientific and technical basis. In May 2002, the EPA Administrator appointed the Agency ‘s Science Advisor to ensure the best science to support Agency programs, policies and decisions and to advise the Administrator on all future science and technology issues and their relationship to Agency policies, procedures and decisions. The EPA Administrator directed the Science Advisor to work across the Agency to ensure that the highest quality science is better integrated into the Agency’s programs, policies and decisions.

Through consultation with several panels of science experts from both inside and outside the Agency, the EPA Science Advisor, who chairs the Agency‘s Science Policy Council, has established the EPA Science Agenda, a framework of critical cross-Agency science issues the Agency must address in the next five years.

The Science Advisor will rely on scientific peer involvement as a key tool for assuring that Agency science reflects prevailing scientific thought and the depth and breadth of scientific viewpoints are recognized. In doing so, the Science Advisor must access scientists both inside and outside of the government, and also ensure that input is of the highest quality and free of undue influence or conflict-of-interest.

Justification:

EPA requires the services of an expert, highly prestigious and objective organization to provide independent advice and review of the high priority, cross-Agency science issues that comprise the EPA Science Agenda. Objectivity and unbiased judgment are imperative to ensure credible science and because of the intense interest and scrutiny of the Agency’s policies and decisions by the public, Congress, the regulated and environmental communities and other stakeholders. The National Academies members are without Peers in their field, with unquestioned objectivity and independence.

The NAS is the preeminent scientific organization in the nation. As such, the NAS has the unique ability to assemble the nation’s most highly distinguished scholars and scientists to serve on boards and committees to address national environmental problems requiring scientific input that are of high priority, and often urgency, covering the full range of scientific and technical disciplines. Examples of such problems might include high profile chemicals with a significant potential to affect public health or adoption of innovative approaches that would significantly affect the time and cost of scientific or technical analyses. The total requisite skills, knowledge, experience and impartiality needed to provide this advice and review is not available from any other source.

The NAS has demonstrated throughout the years its ability to assemble personnel with the highest scientific credentials to provide the required level of expertise needed to meet the Agency’s need in a timely fashion. Other sources might be able to provide experts with comparable credentials for portions of the scientific and technical reviews required by EPA, but no one source would be in a position to assemble the comprehensive expertise without entering into complicated teaming arrangements. Such teaming arrangements would not facilitate the process and could impact the objectivity of the review in that it would be expected that certain team members may have organizational conflicts of interest.

The NAS is a Congressionally-chartered private, non-profit, self-perpetuating society of distinguished scholars and scientists engaged in scientific and engineering research, dedicated to the furtherance of science and technology and their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the

Academy has a mandate that requires it to advise the federal government on scientific and technical matters. The stature and reputation of the National Academies is widely recognized and provides the highest level of expertise, independence, objectivity and credibility available.

Use of the NAS (and its research arm the National Research Council (NRC)) has been endorsed and recommended by the Executive Branch through Executive Orders. Under Executive Order No. 2859, signed by President Wilson on May 11, 1919 and reaffirmed by President Eisenhower on May 10, 1956, NAS and the NRC was directed to:

• stimulate research in, and the application of, the sciences and useful arts of the object of contributing to the public welfare;

• gather research and collate scientific and technical information, at home and abroad, in cooperation with governmental and other agencies; and

• render such information available to duly accredited persons.

NAS conducts studies and performs services for federal, state and local governments.

This has resulted in NAS compiling an impressive amount of data on federal scientific and technical organizations. In addition, their knowledge and information on scientific and technical governmental organizations for all levels of government is not readily available elsewhere. This makes NAS unique in its knowledge of federal scientific and technical organizations.

It is in the best interest of the Government to use the NAS for such activities as the subject of legislative direction in a variety of bills, including Agency appropriations.

It is in the best interest of the Government to award this contract on a sole-source basis due to the unique qualifications of the NAS. The EPA Science Advisor has chosen to draw upon the authority provided to federal agencies in Executive Order 12832 (January 19, 1993) entitled Amendments Relating to the National Research Council. Paragraph 4 states:

“When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualification is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department‘s or agency‘s program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations.” (A copy of Executive Order 12832 is attached.)

7.) Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable:

A notification of EPA’s intent to negotiate on a sole source basis with NAS was issued on FedBizOpps on July 22, 2013. Any firm believing itself capable of meeting EPA’s needs can submit documentation of its qualifications within 15 days of the electronic posting. No responses were received.

8.) Determination of reasonable cost: The anticipated cost to the Government is expected to be fair and reasonable because the Project Office (PO) has knowledge and expertise in this area, and is well aware of the costs to perform these services. The PO has experience with overseeing this contract effort and can assist to insure that any cost proposal accepted by the Government is fair and reasonable. A complete analysis of all costs using audits, previous history, or other appropriate means will be fully utilized prior to award.

9.) Description of the market research conducted (see FAR Part 10) and the results:

In addition to the FedBizOpps announcement (Item 7 above) of the opportunity to determine if other sources can perform these services, OSA’s market research established that EPA's need cannot be met by a service customarily available in the marketplace.

10.) Other facts supporting the use of other than full and open competition. None

11.) List sources that expressed, in writing, an interest in the acquisition. None

12.) Include 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 required.

No actions are currently available to remove or overcome any barriers to competition because of the nature of the service being procured. However, before any subsequent acquisitions for this service are pursued, detailed market research will be performed to determine if any new sources are available for this service. Any follow-on procurement will also be advertised as required by FAR Part 5.

PART III - PROGRAM OFFICE’S CERTIFICATION

The Background and Justification for utilizing the National Academy of Sciences as a sole source for the ORD/OSA contract has been written as supporting documentation and is certified as complete and accurate.

___Signed____________________________ Date ___8/11/13_______ Robin R. Clarke Project Officer Office of the Science Advisor

___Signed____________________________ Date ___8/28/13_______ Mary Greene Deputy Director Office of the Science Advisor Office of Research and Development

___Signed____________________________ Date ___9/9/13_______ Ramona Trovato Associate Assistant Administrator

PART IV - CONTRACTING OFFICER’S DETERMINATION

I certify this justification is accurate and complete to the best of my knowledge and belief.

___Signed____________________________ Date: ___9/19/13________

Angela Lower Contracting Officer

PART V - REVIEWING OFFICIALS

Level Above Contracting Officer:

(Procurements Above $12.5M)

__Signed___________________________ ____9/23/13_______ Sandra Savage Date

OOOO Service Center Manager:

(Procurements Above $12.5M)

____Signed_________________________ ___9/23/13________ Kathleen Roe Date

CPOD Division Director:

__Signed______________________________ __9/24/13______ Cristina Thompson Date

Competition Advocate:

__Signed_____________________________ __9/26/13____ Susan Moroni Date

PART VI – APPROVING OFFICIAL

Head of Contracting Activity, Office of Administration and Management:

(Procurements Above $12.5M)

____Signed_____________________________ ___9/26/13____ John Bashista Date