Zone_2_&_3_REPA_JOFOC_Booz_Allen.docx

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Region 2, EPA Zone 2 & 3, REPA Program Offices Washington, D.C. 20460

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FEDERAL ACQUISITION REGULATION 6.302-1 ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY AGENCY REQUIREMENTS

1. Agency/Contracting Activity

Project Officer: Patricia Rosa, Region 2, Clean Air and Sustainability Division Flora Greene, Zone 2, Multimedia Planning and Permitting Division Kristy L. Throckmorton, Zone 3, Air and Waste Management Division

Mail Code: 22ND FL

Email: rosa.patricia@epa.gov

Telephone No.: (212) 637-4121

Project Identification: RCRA Enforcement and Permitting Assistance (REPA) 5 REPA 5, Class Justification For Other Than Full And Open Competition

Contract: Region 2, Single Award, Blanket Purchase Agreement (BPA) GS-10F-0090J, EP-BPA-12-W-0005 & Call Orders, Booz Allen Hamilton

EPA Zone 2 (Regions 4, 5 & 6), Multiple Award, Indefinite Delivery Indefinite Quantity (IDIQ), EP-W-12-031 & Task Orders, Booz Allen Hamilton

EPA Zone 3 (Regions 7, 8, 9 & 10), Multiple Award, Indefinite Delivery Indefinite Quantity (IDIQ), EP-W-13-001 & Task Orders, Booz Allen Hamilton

2. Nature and/or Description of Action to be Approved

The purpose of this Justification is to extend the end date of the following contracts to November 15, 2018: Region 2, RCRA Enforcement and Permitting Assistance (REPA 5) BPA# EP-BPA-12-W-0005 and all active BPA Call Orders; Zone 2, REPA 5, EP-W-12-031 and all active Task Orders; and Zone 3, REPA 5, EP-W-13-001 and all active Task Orders to allow continuity of required services while the follow-on contracts are being procured. This Justification For Other Than Full And Open Competition (JOFOC) extension is necessary to enable the U.S. Environmental Protection Agency (EPA) to implement a new acquisition strategy which includes combining EPA Region 2 with EPA Zone 3; and also utilizing only one solicitation instead of two to procure both Zone 2 & Zone 3, REPA 6 contract requirements. As such, the current Region 2, REPA 5 contract will not be re-competed since Region 2 will be merged with Zone 3; and there will only be one solicitation utilized (SOL-HQ-17-00006) for the anticipated REPA 6 contracts for the new EPA REPA Zone 2 & 3.

In accordance with new management initiatives to make better use of current contract vehicles and to locate opportunities within the Agency to lessen the award of new separate contracts for identical or closely related services; the EPA has identified the opportunity to merge EPA Region 2 with EPA Zone 3 to procure REPA services which have historically been the same. Additionally, since EPA Zone 2 & 3 are both being re-competed during the same period, the EPA has also determined to utilize one solicitation to announce the REPA 6 procurements since both Zone 2 & 3 share the same Performance Work Statement. As a result, the EPA will increase contract efficiency through the use of Agency resources and realize potential cost savings. As such, the current REPA contracts will need to be extended for continued service while the next generation of REPA contracts are being placed. Time will be needed to communicate this new acquisition strategy to the contractor community and to compete the new REPA contract vehicles with an expected award date of November 2018.

The REPA 5 contracts are for technical services in support of RCRA enforcement and permitting assistance which assist the EPA and states in implementing the RCRA Program. The lapse of service to the Region 2 or EPA Zone 2 and 3 contracts would be detrimental to ongoing technical reviews and analysis, field oversight, inspections, sampling, data reviews, enforcement negotiations, litigation activities or studies. This would likely mean wasted funding spent on incomplete analysis, data and reports. Additionally, this would equate to more funding spent on a new contractor’s effort for restarting work that was previously completed or in progress.

The benefits realized through extending the current REPA 5 contracts and implementing the proposed new strategy would include an increase in efficiency through the use of current Agency resources and potential significant cost savings. Additionally, extending the current REPA contract vehicles will allow for the necessary time to communicate the new acquisition strategy to the contractor community and to re-compete the follow on contracts accordingly as referenced in the updated REPA 6 milestones. Furthermore, the REPA acquisition strategy has been approved via Advance Procurement Plan and supported by the EPA Office of Small and Disadvantaged Business Utilization.

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

This request extends the current Region 2, and Zone 2 & 3 REPA contracts up to an additional 8 months with a new contract end date of November 15, 2018. The estimated costs for this extension is as follows:

Region 2, GS-10F-0090J, EP-BPA-12-W-0005 & Call Orders, Amount: $557,509.90

EPA Zone 2 (Regions 4, 5 & 6), EP-W-12-031 & Task Orders, Amount: $505,054.14

EPA Zone 3 (Regions 7, 8, 9 & 10), EP-W-13-001 & Task Orders, Amount: $699,951.64

Below is a list of the REPA 5, Performance Work Statement tasks that must continue, and a description of the required work to continue under the active REPA 5 Call Orders and Task Orders.

Region 2, Zone 2 & 3, REPA 5, Performance Work Statement Tasks:

Task 1: Technical Reviews and Analysis/Assessment Support Task 2: Field Oversight, Inspection, Sampling and Data Review Task 3: Enforcement Negotiation and Litigation Support Task 4: Records and Data Management Task 5: Training, Conferences and Public Involvement Task 6: Special Initiatives, Studies and Program Support

List of Active Region 2, EP-BPA-12-W-0005 Call Orders:

Task Order # BPA Call Order # Description

2 EP-B12S-00055 Environmental Indicators - The assistance will consist of conducting file reviews, technical reviews and evaluations of environmental reports and data, EI evaluation support, field work to evaluate site conditions related to human exposures and groundwater contamination, and support related to remedy selection and construction completion goals at select RCRA facilities in Region 2.

3 EP-B12S-00062 State Authorization - Contractor Support for NY Authorization Activities.

4 EP-B12S-00079 Multiple Site Combustion Support - review and analysis of technical issues, preparation of special studies and summary documents obtaining technical support for the permit development process.

5 EP-B12S-00075 Review of Hydrogeological Documents - review RCRA Permits Documents/Work Plans/Reports (such as Closure Plans, Permit Modifications, Part A/B). Also, review of RCRA Corrective Action related Documents/Work Plans/Reports (such as RCRA Facility Investigations (RFI), Corrective Measures Studies (CMS), Corrective Measures Implementation (CMI), Risk Assessment (RA) and Quality Assurance/Quality Control (QA/QC)) generated by RCRA regulated facilities.

7 EP-B12S-00076 UST/LUST System Support - support for the federal and R2 state UST Program(s) in managing UST and LUST program activities through data support including database development and management and recommendations on IT processes and procedures to enhance productivity.

9 EP-B12S-00078 DuPont Pompton Lakes - providing lab and analysis support for sampling, including soil, sediment, groundwater, surface water, and vapor intrusion sampling.

10 EP-B12S-00100 UST/LUST Program Support - support for the EPA Region 2 UST Team in conducting UST inspections, reviewing, analyzing and scanning LUST records, and inputting data from Performance Work Statement (PWS) activities into federal and state data systems.

14 EP-B13S-00016 HOVENA Corrective Action Support - Provide technical evaluation of documents submitted under RCRA requirements, including Part B Permit Renewal application, Groundwater Monitoring reports, RCRA Facility Investigation (RFI) reports, Corrective Measure Study (CMS) and Corrective Measure Implementation (CMI) work plans and reports, and/or Statement of Basis for Solid Waste Management Units (SWMUs) or Areas of Concern (AOC) at the HOVENSA L.L.C. facility in St. Croix V.I.

15 EP-B13S-00061 Sustainable Materials Management - review of NYS Solid Waste Regulations and the conduct of a solid waste site characterization for the Tonawanda Seneca Nation.

List of Active EPA Zone 2, EP-W-12-031 Task Orders:

Task Order # Description

4407 RCRA Program Oversight Support - assists the Resource Conservation and Restoration Division (RCRD) in Region 4 with technical document reviews, research projects, public meeting support, sampling oversight, independent sampling and analysis, training, and fact sheet development.

4408 Training - Cost Estimation, specifically training that will assist Region 4 in determining the financial assurance each facility is required to hold for closure and Corrective Action/remediation of the facility.

5533 Corrective Action Support - Sites: Solutia; BASF Cleveland; Schott Metal Products; GE Evendale; PLM Properties, LLC; Radio Materials Corporation; PMC

5535 Corrective Action Support - Sites: RACER Willow Run; Kraton Polymers US LLC; Airtex;

US Ceramic Tile; Wedron; Owens-Corning; Portsmouth Gaseous Diffusion Plant 5542 Corrective Action Support - Sites: Rolls Royce; Nucor Steel; Arcelor Mittal Indiana Harbor Harbor East; Arcelor Mittal Indiana Harbor West; BASF Corporation – Holland

5543 Corrective Action Support - Sites: RACER Moraine; Bway Corporation; Anderson Redevelopment Commission; Woodard Aircraft Engines Systems; KIK Custom Products

5544 Corrective Action Support - Sites: Quemetco; Pontiac North Campus and RACER (GM/RACER PNC); RACER Saginaw Nodular Iron and GM Saginaw (GM/RACER Saginaw); BASF Wyandotte

6636 Groundwater Monitoring Well Plugging and Abandonment Support at Former Cottonseed Company - requests plugging and abandonment support of up to twelve on-site groundwater monitoring wells and one well conversion at a GPRA Corrective Action facility.

6637 Sampling Support at Parker Solvents Facility - requests sampling, lab and analysis support of 30 groundwater samples and QA/QC samples from all viable onsite and offsite monitoring wells in an attempt to move this GPRA facility toward remedy implementation.

6638 Review of Institutional Controls (IC), the State of Louisiana – this assistance will consist of conducting file reviews of facilities that have final site-wide remedies constructed (CA550/CA550NR/CA550RC), identifying every unit at each facility that requires ICs and produce an IC Table summarizing the IC documentation.

List of Active EPA Zone 3, EP-W-13-001 Task Orders:

Task Order # Description

1 Eastern Michaud Flats (EMF) – provide technical assistance for oversight of remedial actions at the EMF Superfund site, Simplot OU and provide technical support to characterize risks and develop a proposed plan and ROD amendment for the Off-Plant OU.

2 BP/Prudhoe Bay - provide technical support for oversight of all facets of the corrective action and permitting actions at the facility including conducting technical reviews of the RFI, IM, CMS, CMI work plans and reports, annual reports, closure reports, risk assessment, QA project plans, and supporting documents.

6 PRP Portland Harbor, BGW, WBD - Superfund multi-site task order to perform all elements of a potentially responsible party search, including records collection and compilation, deeds and title searches, business and individual research and tracing, document management and control.

10 Technical Support Combustion/Landfill - RCRA multi-facility task order to provide technical support in the area of combustion of hazardous waste and design/closure of landfills. This includes technical reviews and support related to risk assessment work plans, trial burn work plans and reports, landfill covers, alternative covers, remedies for treatment, liner and leachate collection system designs, corrective action treatability studies, preliminary and final design, operations and maintenance.

11 Tesoro Alaska Refinery - provide technical support/hydrogeological expertise in the oversight of the corrective action and permitting actions at the facility including reviewing and assessing quarterly progress reports on groundwater remediation, monitoring and corrective action activities to ensure that the performance standards in the permit are met.

13 FMC Enforcement SF - provide technical support for oversight of enforcement actions at the Superfund site, FMC OU, in particular the implementation of the remedial design and remedial actions required by the Unilateral Administrative Order.

23 CERCLIS/SEMS Database - provide data management support and assistance and reports development for all Superfund Program areas utilizing Superfund Enterprise Management System (SEMS) and Business Intelligence Tools for Region 8.

24 IA Inspection List B - This task order provides continued technical assistance to the EPA Region VII RCRA Program by conducting inspections at Iowa facilities for compliance with the federal hazardous waste, universal waste and used oil regulations (40 CFR 260-299) and any RCRA permits that have been issued. This work includes gathering information and evidence to determine and document facility compliance. The work also includes conducting a multimedia screening inspection at each facility, verifying facility information obtained from the RCRA Information database, and providing each facility with an assortment of compliance assistance information. EPA is the decision authority on which facilities will be inspected, and is responsible for making all final determinations or conclusions.

35 Alaska Backhauling - provide technical assistance to identify, evaluate and foster new revenue sources, and identify efficiencies to the backhaul system through the development of a statewide backhaul plan to fund and support backhaul in Alaskan Tribal communities. Backhaul is a term to denote the removal and shipment of hazardous materials out of Alaska’s remote Tribal communities to appropriate disposal and recycling facilities.

37 CBSM Model Tribal Communities - Contractor’s support to develop, implement, and analyze a community based social marketing approach that increases the adoption of material diversion behaviors (source reduction, recycling, and composting) in tribal communities.

39 CA Technical Review List A - The Waste Remediation and Permitting (WRAP) Branch of the Air and Waste Management Division of the U.S. Environmental Protection Agency, Region 7 is the lead organizational unit responsible for the implementation and oversight of the RCRA Program associated with hazardous waste management, hazardous waste and hazardous constituent remedial actions, various types of orders, permits and agreements directing RCRA corrective action, interim measures, voluntary investigations at facilities potentially subject to RCRA corrective action, investigation of conditions as facilities that historically managed hazardous and solid wastes, hazardous waste permitting (including RCRA Organic Air Emission Standards), human health and ecological risk assessments, background studies, hazardous waste combustion/open burn/open detonation/miscellaneous unit evaluation and permitting, closure of operating hazardous waste management units, long term stewardship of waste-in-place remedies, necessary public participation, training and outreach related to RCRA permitting and corrective action in Region 7 and in the Region’s states, Iowa, Kansas, Missouri, and Nebraska. In addition, the WRAP Branch oversees Toxic Substances Control Act polychlorinated biphenyl compound cleanups in the region and issues approvals for facilities that conduct commercial TSCA-regulated PCB storage, disposal, and decontamination activities.

42 Inchelium Tribal - provide technical support and hydrogeological expertise in the oversight of all facets of the RCRA closure requirements and activities at the facility, including reviewing and providing technical analysis of the SAP/QAPP groundwater monitoring, closure plans and background reports.

43 PRP Lower Duwarmish Waterway – perform all elements of a potentially responsible party search, including records collection and compilation, deeds and title searches, business and individual research and tracing, document management and control.

45 Westcoast Website Forum - To provide maintenance, design, creative and informational integration and consistency, and general technical and infrastructural support for the Forum’s two websites. The publicly facing website needs new content areas developed and integrated with the overall website design, existing content needs to be revised, new content added, and the internal website needs additional functionality based on user needs and feedback. This will require the contractor to work closely with EPA staff and other Forum partners to host and maintain the websites and all associated technical and design needs.

46 West Star - The Waste Remediation and Permitting (WRAP) Branch of the Air and Waste Management Division of the U.S. Environmental Protection Agency, Region 7 is the lead organizational unit responsible for the implementation and oversight of the RCRA Program associated with hazardous waste management, hazardous waste and hazardous constituent remedial actions, various types of orders, permits and agreements directing RCRA corrective action, interim measures, voluntary investigations at facilities potentially subject to RCRA corrective action, investigation of conditions as facilities that historically managed hazardous and solid wastes, hazardous waste permitting (including RCRA Organic Air Emission Standards), human health and ecological risk assessments, background studies, hazardous waste combustion/open burn/open detonation/miscellaneous unit evaluation and permitting, closure of operating hazardous waste management units, long term stewardship of waste-in-place remedies, necessary public participation, training and outreach related to RCRA permitting and corrective action in Region 7 and on the West Star Environmental Inc. located in Missouri.

47 Renovation, Repair, and Painting - To obtain planning services for the four one-day RRP trainings in Los Angeles (and/or San Diego and Bay Area, CA), as well as to sub-contract with an EPA-accredited RRP Training Provider to conduct the trainings, at least one of which must be done in Spanish.

49 Assessing the Environmental Footprint of Packaging in CA and the U.S. - To assess the life cycle implications of consumer packaging and model the impacts of different packaging reduction strategies for both the United States and California.

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

The statutory authority permitting this Justification For Other Than Full And Open Competition relative to this request is FAR 6.302-1; Only One Responsible Source And No Other Supplies Or Services Will Satisfy Agency Requirements.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The current contractor, Booz Allen Hamilton (BAH), is uniquely qualified to complete the work on the projects in progress, providing technical products and services until such time as a new vehicle is procured. Their unique qualifications are as follows:

a. BAH is the incumbent on the current RCRA Enforcement and Permitting Assistance (REPA) 5 contracts. Over the past five years of the contract, they’ve developed not only successful, working relationships with their EPA counterparts, but they have developed successful procedures, routines, and knowledge for work of a very technical, specialized, and complex nature. The documents review under this contract are highly scientific, specific to the region and industry, and methodological.

b. The time, cost, and effort which would be necessary to re-compete this contract for the next eight months, and then time, cost and effort to train new staff, would far outweigh any other considerations, especially considering that the incumbent possesses the exact qualifications currently necessary. The loss of continuation would negatively impact projects which require consistent continuity to reach milestones and goals, many which have required, set dates.

c. Many of the BPA Call Orders and Task Orders include high-visibility work with communities, citizen’s groups, elected officials and other departments within the Agency both aware and dependent on the work’s product and timeframe for their own projects. Delays and increased costs due to these delays would be noticed by many, and impact many other projects, which would in turn increase their own costs.

d. The REPA contracts would need to be re-competed again in eight months, which would offset any already negligible cost savings to the government in re-competing now.

e. BAH has over 25 years of experience in RCRA related support within the region, which allows them a niche technical expertise across not only broad areas of the BPA. They’re also highly experienced in many of the areas of our larger Call Orders and Task Orders, such as in areas related to GPRA goals, they have built a substantial compliance and enforcement support capability, and they possess depth and breadth of knowledge of many specific sites in Region 2, and Zone 2 & 3.

f. BAH possess strong technical and regulatory expertise. They’re capable of defending their work, which is extremely important since oftentimes their work supports important enforcement cases.

g. Many of the projects on the REPA Contracts have major deliverables either currently under review, or scheduled for review during the period covered by this JOFOC request. With the incumbent contractor’s successful performance over the life of the existing contracts, it would be technically prudent and fiscally judicious to avoid a break in contract services, or provide a short-term contract situation, and allow BAH to continue work.

The following are some examples of ongoing work on existing BPA Call Orders under Region 2 for EP-BPA-12-W-0005; and Task Orders under EPA Zone 2 for EP-W-12-031 and EPA Zone 3, for EP-W-13-001. Also, provided are BAH’s unique capability and expertise on the specific Call Orders and Task Orders, and rationale for why awarding to another contractor right now would be detrimental and a duplication of effort under each specified Call Order or Task Order:

Region 2, EP-BPA-12-W-0005 Call Orders:

Enforcement Support Services BPA Call Order EP-B13S-00046 (Task Order 11) Currently under this task order there is active enforcement investigation work being conducted at the Maunabo Urbano Public Wells Superfund site. BAH has personnel in Maunabo, Puerto Rico researching potential responsible parties for the site. This include interviewing residents, business owners and on site review of documents. Any stoppage of work would be detrimental to EPA’s and Department of Justice’s enforcement case for the site.

HOVENSA Corrective Action Support BPA Call Order EP-B13S-0016 (Task Order 14) BAH regularly reviews the semi-annual groundwater monitoring reports for three landfarms at the former HOVENSA facility, as well as the site-wide corrective action status report for this former RCRA facility. BAH has been performing these reviews since 2012, and they recognize and bring to EPA's attention any changes to data patterns that may have occurred from one reporting period to the next. Additionally, one of the technical experts assigned to this project had worked (in a previous capacity) on formulation of the groundwater model that currently is being used for HOVENSA. EPA currently is working on determining whether or not some of the assumptions for remedial goals should be revisited. BAH's work on this project for the next six months would provide EPA with the continuity that would help us to make these difficult decisions.

Technical Support for CWM Chemical Services BPA Call Order EP-B14S-00072 (Task Order 16) CWM has proposed to construct and operate a new commercial landfill for treatment and disposal of hazardous, industrial and/or PCB wastes both in-state and out-of-state generators, as well as from generators in Canada. CWM has submitted an application to EPA for review and approval under the Toxic Substances Control Act (TSCA). They also have submitted an application to NYSDEC for review and issuance of a permit under the State programs authorized under the Resource Conservation and Recovery Act (RCRA). Citizen groups and Tuscarora Nation (federally recognized Indian Nation) have been raising many difficult issues concerning the waste management operations at the site including off-site migration of contaminated groundwater. Booz Allen Hamilton has been providing technical assistance to EPA for review of the TSCA application as well as the issues raised by the citizen groups and Nation. It is crucial to have Booz Allen Hamilton continue providing technical assistance. It would be consistent, timely and economically beneficial which may be deficient from a new contractor.

Sustainable Materials Management BPA Call Order EP-B13S-00061 (Task Order 15) The SMM Section has utilized the existing SMM Support Call Order under the REPA 5 BPA to execute a number of time-critical tasks including the review of NYS Solid Waste Regulations and the conduct of a solid waste site characterization for the Tonawanda Seneca Nation. BAH is currently in the midst of performing these time-sensitive tasks. The field work for the solid waste characterization project needs to be completed before the ground freezes. If the contract were to be terminated and re-competed now, it would certainly be winter before a new contractor could perform this task. Additionally, there are additional items in the site characterization scope of work concerning groundwater that may need to be undertaken in the upcoming months. If that groundwater work needs to be done at the same site, it would be a huge handicap to bring in another contractor who lacks the personal experience with the site that BAH has.

Naval Activity Puerto Rico Corrective Action Support BPA Call Order EP-B12S-00085 (Task Order 1) The complexity and size of the Naval Activity Puerto Rico facility (formerly known as Roosevelt Roads) in Ceiba, PR poses many technical and logistical concerns. The decisions to address cleanup is also tied to reuse of the property which is comprised of various stakeholders, (i.e., Local Reuse Authority). Addressing cleanup concerns to facilitate reuse often requires expedited reviews by EPA of the submitted documents. EPA’s use of the current contractor (BAH) is to provide expertise necessary to complete these expedited reviews for such concerns as military munitions. Addressing munition cleanups requires in-depth knowledge of the associated remediation activities. In addition, the vast historical knowledge by the current contractor of the site, property reuse, groundwater flow and risk assessment makes the contributions by the existing contractor invaluable. Utilizing a new contractor or having each task put out to bid would require time and resources which could repeatedly cause EPA to miss significant established due dates of our reviews and subsequently impact relationships with our other stakeholders and property reuse.

EPA Zone 2, EP-W-12-031 Task Orders:

RCRA Program Assistance Task Order 4407 This Task Order is vital to the multiple components of the RCRA Program at Region 4. BAH assists the Regional and state programs by providing expertise that is not available either in the Region or at the state. BAH’s assistance is consistent and compelling, providing the required RCRA Permitting processes, Corrective Action and/or Field Sampling and Analysis support which allows us to make RCRA Program determinations or enforcement. BAH’s continued assistance is essential to maximizing effectiveness and efficiency of Regional and state Programs. BAH understands the needs of the Region 4 RCRA Program and ensures that the deliverables are comprehensive, accurate and complete and ready for the mission that the deliverable was intended to support with limited staff involvement or time. BAH is invaluable in moving projects forward and continued contract support with BAH is vital. Currently, the Region has a continuing need for follow-on assistance on some projects and the need for assistance on newly identified projects continues to evolve under this Task Order.

Training - RCRA Cost Estimation Task Order 4408 BAH has demonstrated an especially, rare talent by conducting a training Cost Estimation. This critical component of the RCRA Permitting and Corrective Action Programs assists the Regions and States in determining the financial assurance required by each facility to hold for closure and Corrective Action/remediation of the facility. EPA RCRA Programs nation-wide have lost and have little remaining expertise to ensure that the appropriate and technically adequate cost estimates are being performed. BAH has a group of experts that fully and professionally provide this expertise. They have provided a week long training course on Cost Estimation approaches from the ground up to build expertise in the regional and state programs. The contractor has developed training materials and is finishing video capturing the Course for future use in the training of EPA and state RCRA staff nation-wide. BAH ensures deliverables are professional and compliant with the federal requirements for publication and issuance. In addition, under this Task Order, BAH’s experts have been assisting regional and state staff in hands-on, real-time cost estimations for current facilities suspected of having underfunded the cost of RCRA Closure and Corrective Action. BAH’s experts are providing assistance that EPA internally did not have and assisting EPA in rebuilding this expertise. The extended timeframe will assure that there is enough time to give the best attention to the final deliverables.

Corrective Action Support Task Order 5533 BAH provides Technical Reviews of the Geologic Site Model and the Supporting Three-Dimensional Model of the Contaminant Plume for the Schott Metal Products Company Facility, Akron, Ohio. BAH’s staff possess expertise which allowed for an excellent review of the 3D model by pointing out numerous deficiencies in the contractor’s 3D model. The Contractor’s expertise and experience are critical in ongoing corrective action cases.

Correction Action Support Task Order 5535 BAH provided an item by item, critical review of the proposed closure of slag ponds consistent with RCRA regulations and geotechnical criteria and standards. This forced the company to respond to each item with a detailed explanation and rationale for the action and where necessary, improve upon the technical actions required to achieve the closure in accordance with the environmental requirements. BAH’s actions are needed to continue on this Task Order to ensure future safeguards.

Sampling and Analysis Support Task Order 6637 Region 6 is primarily working with our states on GPRA 2020 corrective action sites that are stalled in the corrective action process. Parker Solvents Company (PSC) is a GPRA facility that has been stalled for a number of years due to underfunding or lack of funding. The groundwater monitoring wells have already been sampled; however, additional technical support in the form of document reviews, analytical results, data processing and a final trip report are still in progress. Region 6 RCRA will provide the groundwater report to EPA Enforcement, ADEQ, and PSC to help expedite the development of the CSM and final remedy. EPA and ADEQ hopes to be in a position to code the facility CA 750 and CA 550 by the year of 2020. Several follow-on documents and reports will need to be generated. The nature of these reports are continuous with the previous work and by nature are non-severable. With all of the information in the hand of the current contractor, bringing a different contractor in at this point would not be productive and a potential increase in costs.

Technical Review of Documents Task Order 6638 Currently under this task order, the contractor is working to accomplish the following: identify every unit at each facility that requires ICs, make an electronic copy (PDF) of the IC documentation found, and produce an IC Table summarizing the IC documentation. EPA will use the information collected to update RCRA info and will work with Louisiana on corrective measure if deed notices or restrictions are missing. BAH has gathered data on all 37 facilities and has submitted a summary of 15 of 37 facilities for review. Completion of the remaining 22 facilities is on-going and needed. BAH has been given a review with comments and is preparing to re-submit deliverables. The state agency is looking forward to receiving all of this information in the appropriate summary format. Awarding to another contractor at this point would be a duplication of effort.

EPA Zone 3, EP-W-13-001 Task Orders:

BP/Prudhoe Bay Task Order 02 BP/Prudhoe Bay is in the midst of long term RCRA corrective action activities. Multiple work plans and reports were reviewed for the RFI and CMS. Each work plan phase builds on work previously done. In addition, there are multiple interconnected site-wide documents governing issues such as media background levels and quality assurance that impact all site documents and decisions. Continuity of contract support is critical to maintaining progress at the facility. BAH has been providing technical support at this site since 2005. The historical perspective and site experience of the contractor is invaluable. Knowledge of the facility history, past actions, analytical results and reasoning behind decisions is critical to streamlining ongoing work.

USCG Kodiak Support Center Task Order 03 There are multiple solid waste management units and post-closure regulated units at the USCG Kodiak facility. The units are in various stages of remediation, some in the investigation stage, some have remedies implemented and are being evaluated for effectiveness, and some have remedies being modified. The design, construction, operation, monitoring, and modification of the remedies at each of these units are all interconnected. BAH’s historical knowledge and site expertise is critical to maintaining ongoing progress at the facility. It would take at least a year for a new contractor to assimilate this site specific knowledge, not to mention the delay or set-back that would result and need for additional resources with limited funding.

Iowa Inspection List A Task Order 24 This is the state implementation program for the state of Iowa and without coverage for the state, EPA would not be providing the agreed upon support for the state. Toeroek needs to continue contract work to provide technical assistance conducting inspections at Iowa facilities for compliance with the federal hazardous waste, universal waste and used oil regulations (40 CFR 260-299) and any RCRA issued permits. This work includes gathering information and evidence to determine and document facility compliance. The work also includes conducting a multimedia screening inspection at each facility, verifying facility information obtained from the RCRA Information database, and providing each facility with an assortment of compliance assistance information. Without Toeroek there is not enough FTE on board to complete the inspections or meet annual ACS goals. Continued performance under this contract is necessary to complete ongoing projects during the contract extension period.

Corrective Action Technical Review List A Task Order 39 This is an umbrella task order which is designated to cover technical review of scientific required specialties that may be required due to FTE shortfalls or workload. We need continued BAH support so that we can implement and complete oversight actions based off of detailed technical assistance documents written from scientific studies and reports. Reports will cover varied subjects such pertaining to hazardous waste management, hazardous waste and hazardous constituent remedial actions, various types of orders, permits and agreements directing RCRA corrective action, interim measures, voluntary investigations at facilities potentially subject to RCRA corrective action, investigation of conditions as facilities that historically managed hazardous and solid wastes, hazardous waste permitting (including RCRA Organic Air Emission Standards), human health and ecological risk assessments, background studies, hazardous waste combustion/open burn/open detonation/miscellaneous unit evaluation and permitting, closure of operating hazardous waste management units, long term stewardship of waste-in-place remedies, necessary public participation, training and outreach related to RCRA permitting and corrective action in the following states: Iowa, Kansas, Missouri, and Nebraska. The Contractor’s expertise is necessary and awarding to another Contractor at this point would be a duplication of effort.

West Star Task Order 46 This is a critical site for clean-up in Missouri. BAH is integral to completing the West Star work. They have started the initial site sampling but internal EPA delays on the SAPP/QAPP will drive this project to needing an extended performance period. The Contractor’s capability and expertise is needed to complete work under this task order. If BAH does not complete the Task Order, then we will lose all the buildup work due to the non-severable nature of the work and PPE gear requirements.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is 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.

A pre-solicitation/synopsis notice was posted in accordance with FAR Subpart 5.2 on January 29, 2018, which informed the contractor community of the revised REPA 6, acquisition strategy and provided an anticipated solicitation release date of March 2018.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contract rates were determined fair and reasonable based on a cost analysis of the proposal at the time of the original award and have been adjusted to reflect the previously used escalation factor applied in the current contract relative to the affected labor categories. A one-time 3% rate increase for all contract labor rates is included in this request and will be applied to the extension periods on the referenced REPA 5 contracts beginning on effective date of the contract extension and through the contract end date of November 15, 2018. This 3% rate increase is commensurate with the averaged rate increases awarded between the contract base period and option periods 1 through 4, which were found to be fair and reasonable at contract award. The 3% rate increase has been included in the Government cost estimate for the extension period for each of the respective contracts covered by this justification, and the Contracting Officer will negotiate a fair and reasonable price ceiling and applicable rates with BAH accordingly. Considering BAH’s price ceiling will be fair and reasonable and the unique capability provided by BAH; the Contracting Officer determines that the anticipated cost for this contract extension will be fair and reasonable.

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

The EPA, Office of Acquisition identifies sources for this requirement. Considering the regulatory responsibilities of the EPA, the required services are very unique and very highly specialized. The Contracting Officer confirmed that the contractor is the only contractor capable of completing work that has already begun. Market research was conduct in accordance with FAR Part 10 and consisted of reviewing the various schedule of contracts (both mandatory and optional) which showed there were no vendors on the GSA schedule vehicles capable of satisfying the Government’s requirement. Therefore, it is not technically feasible to solicit other sources. Notice of this JOFOC will be published in Federal Business Opportunities in accordance with the posting requirements in FAR 6.305 and as implemented in FAR 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirements; however, any bids, proposals, quotations, or capability statements that are received will be considered.

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

The REPA 5 contracts being extended were all awarded based on competition. As stated above, BAH, is uniquely qualified to complete the work on the projects in progress, providing technical products and services, and maintaining continuity of work performance while meeting critical requirement milestones.

Based on the authority cited and the information supplied by the program office, no other source would be capable of performing the required tasks in as seamless manner and in the timeframe dictated by the need to procure a replacement vehicle for future REPA support work. The national REPA program cannot afford to enter a stop work situation due to the numerous commitments to stakeholders and schedule impacts. Awarding to any other contractor while the competitive follow-on is being procured would result in undue delays and loss of critical site knowledge that would be harmful to the Agency.

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

A pre-solicitation/synopsis notice was posted in accordance with FAR Subpart 5.2 on January 29, 2018, which informed the contractor community of the revised REPA 6, acquisition strategy and provided an anticipated solicitation release date of March 2018. No list is available.

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 required.

The Government will continue to work with industry seeking qualified sources through market research and other means possible. The Government anticipates that the follow-on contracts will solicit to the contractor community to expand opportunities for competition.

12. Program Officer Certification

All supporting data that is the responsibility of technical or requirement personnel, which form the basis for the justification have been certified as complete and accurate by the technical or requirement personnel.

“Signed by Patricia Rosa, Contracting Officer’s Representative, 3/8/2018”

Clean Air and Sustainability Division Contracting Officer’s Representative

“Signed by Flora Greene, Contracting Officer’s Representative, 3/7/2018”

Zone 2, Multimedia Planning and Permitting Division Contracting Officer’s Representative

“Signed by Kristy Throckmorton, Contracting Officer’s Representative, 3/8/2018”

Zone 3, Air and Waste Management Division Contracting Officer’s Representative

13. Contracting Officer’s Certification

This justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

“Signed by Derek M. Davis, Jr., Contracting Officer, 3/6/2018”

Superfund / RCRA Regional Procurement Operations Division Program Management and Regional Coordination Service Center

APPROVED:

“Signed by Mark S. Heare, Manager, 3/6/2018”

Superfund / RCRA Regional Procurement Operations Division Headquarters Contract Service Center

“Signed by Keith Stewart, Manager, 3/8/2018”

SRRPOD/HPOD Division Director

“Signed by Tommie Madison, Competition Advocate, 3/8/2018”

Acting Agency Advocate for Competition U.S. Environmental Protection Agency Office of Acquisition Management (OAM)