Zone_2_&_3_REPA_JOFOC_Toeroek.docx

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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: Flora Greene, Zone 2, Multimedia Planning and Permitting Division Kristy L. Throckmorton, Zone 3, Air and Waste Management Division

Mail Code: 6MM-RS

Email: greene.flora@epa.gov

Telephone No.: (214) 665-8428

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

Contract: EPA Zone 2 (Regions 4, 5 & 6), Multiple Award, Indefinite Delivery Indefinite Quantity (IDIQ), EP-W-12-032 & Task Orders, Toeroek Associates, Inc.

EPA Zone 3 (Regions 7, 8, 9 & 10), Multiple Award, Indefinite Delivery Indefinite Quantity (IDIQ), EP-W-13-002 & Task Orders, Toeroek Associates, Inc.

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: Zone 2, REPA 5, EP-W-12-032 and all active Task Orders; and Zone 3, REPA 5, EP-W-13-002 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 EPA 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:

EPA Zone 2 (Regions 4, 5 & 6), EP-W-12-032 & Task Orders, Amount: $441,225.94

EPA Zone 3 (Regions 7, 8, 9 & 10), EP-W-13-002 & Task Orders, Amount: $328,058.65

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 Task Orders.

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 EPA Zone 2, EP-W-12-032 Task Orders:

Task Order # Description

5534 Corrective Action Support at Region 5 sites. The support is namely document reviews/ document preparation, field oversight, sampling and meeting support. Sites on this Task Order include: Citizen’s Gas; Tecumseh; Chemical Solvents; C&D Technologies; and NIPSCO.

5537 Corrective Action Support at Region 5 sites. The support is namely document reviews/document preparation, field oversight, sampling and meeting support. Sites on this Task Order include: Mansfield Foundry; Countrymark Cooperative; GM-Bedford; Reserve Environmental Services; Hartford Site; Hoover Plant No. 1 and JCI-Saline.

5539 US Steel Gary Works - Support is necessary to review specific documents related to contamination at the facility. These documents may include, but are not limited to workplans to conduct contaminant characterization, risk evaluation, interim measures or final remedy evaluation/implementation; and reports, documenting the work performed and subsequent document revisions.

5540 Corrective Action Support at Region 5 sites. The support is namely document reviews/document preparation, field oversight, sampling and meeting support. Sites on this Task Order include: Ansul; Refined Metals and Racer Buick City.

5541 Corrective Action Support at Region 5 sites. The support is namely document reviews/document preparation, field oversight, sampling and meeting support. Sites on this Task Order include: American Metals; Arizona Chemical; A.K. Steel - Mansfield; Ashland Chemical; Calumet City and Modineer.

6639 Sampling and Analysis at Crosby-McKissick Facility - assistance in performing soil and passive gas sampling investigation, including the installation of 6 groundwater monitoring wells to determine if a soil vapor plume is present at the site and could pose a threat to residents via the vapor instrusion pathway.

6641 Well Installation and Sampling near DelFasco Forge - assistance in conducting passive soil gas sampling in the neighborhood adjacent to Delfasco Forge, where soil gas was previously detected and the residences are located above the migrating TCE-contaminated groundwater plume.

6643 2017 FLIR (Infrared) Flyover Project - assistance with utilizing state of the art FLIR OGI camera technology and helicopter flyovers to conduct aerial surveys and identify and properly document significant emission releases that may be occurring within certain grids provided by EPA Region 6. Detailed observation notes will be recorded in an aerial survey logbook.

List of Active EPA Zone 3, EP-W-13-002 Task Orders:

Task Order # Description

9 Food - Too Good to Waste Pilot and National Launch – develop strategies for testing and implementing consumption reduction programs with communities; including the scaling and refinement of the Food: Too Good to Waste program, a community waste prevention program to help consumers reduce wasted food, save money and protect the environment.

18 Records Management/FOIA/Notification - To support EPA Land Division with records management, FOIA, hazardous waste notification support services and other related special projects that fall under record management. Records management support services include but are not limited to managing, organizing and operating the Region 9 Land Division records center located in the Region 9 office in San Francisco. Hazardous waste activity notification program support includes: issuing, updating, and inactivating RCRA identification numbers for Region 9 facilities using the RCRA info national database; assisting facilities in submitting valid notification forms; identify and research non-standard notification and identification number issues; provide assistance relative to Notifications; resolve identified discrepancies; and, provide the regulated community with current information and, assistance, by operating a telephone helpline for the U.S. Environmental Protection Agency, Region 9. Notification support is primarily for territories where EPA is directly implementing the hazardous waste program in Indian Country and un-authorized pacific island territories.

20 IA Inspection List B - This task order provides continued technical assistance to the EPA Region 7 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.

28 Environmentally Preferable Purchasing for Climate Protection - The goal of this task will be to formulate a targeted workplan with each Pilot to clarify what amount and kind of technical assistance they will need to use the Toolkit effectively. The Forum will recruit 4 Pilots, and will work to ensure they have an adequate foundation in EPP and procurement to be willing and capable partners. The Contractor will provide the Pilots with needed technical assistance as specified in the workplans. This could include, but not be limited to, research and analysis of purchasing data, calculation of GHG emissions from purchasing; identification of specific EPP strategies or approaches to meet Pilot goals; research and communications on possible purchasing tools such as vendor or product lists, bid specifications, guidance language, RFPs, market availability, etc.; training of relevant staff on specific topics of interest.

32 TRI - Contractor to support the Region 9 TRI Program Coordinator in developing EPCRA 313 TRI outreach materials and in conducting community-based workshops in order to build public capacity and awareness of TRI information and its uses, and to demonstrate EPA’s TRI data tools.

33 Corrective Action 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.

34 Corrective Action Field Assistance 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.

35 Corrective Action Technical Review List B - 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.

37 Scoping P2 Opportunities for Fruit and Vegetable Processing - The purpose of this task is to complete scoping of the Fruit and Vegetable Preserving and Specialty Food, Dairy Product Manufacturing and Bakeries and Tortilla subsectors in Region 9. Emphasis will be on identifying and working with stakeholders (many identified in the Corrective Action Report) to collect and determine the best means to disseminate P2 best practices in these sectors.

38 Resource Conservation and Waste Prevention Support - provide process management and technical support to the Sustainable Materials Management program, including webinar support for 508 compliance, regional stakeholder engagement, and disaster debris and recovery database development and support.

39 Tribal Waste Characterization Trainings - To train tribes on how to assess the composition and quantity of the wastes being generated within their communities by conducting waste characterization studies and audits, provide tools and case studies to assist tribes with developing successful approaches to managing abandoned mobile homes.

40 Safer Graffiti Management Training - To develop and deliver trainings to graffiti abatement workers on alternative graffiti management methods to protect workers’ health, and reduce the environmental impacts.

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, Toeroek Associates, Inc. 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. Toeroek 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 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. Toeroek has many years of experience in RCRA related support within the regions, which allows them a niche technical expertise across not only broad areas of the REPA contracts. They’re also highly experienced in many of the areas of our larger 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 EPA Zone 2 & 3.

f. Toeroek 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 Toeroek to continue work.

The following are some examples of ongoing work on existing Task Orders under EPA Zone 2 for EP-W-12-032 and EPA Zone 3, for EP-W-13-002. Also, provided are Toeroek’s unique capability and expertise on the specific Task Orders, and rationale for why awarding to another Contractor right now would be detrimental and a duplication of effort under each specified Task Order:

EPA Zone 2, EP-W-12-032 Task Orders:

Corrective Action - Chemical Solvents Task Order 5534 During a recent sampling event, Toeroek made multiple updates to the Field Sampling and Analysis plan as various stakeholders added in project objectives. The field team was prepared and communicated very well on two occasions when mobilizing to the field seemed imminent, but was subsequently cancelled. Toeroek did a great job of minimizing costs during these false mobilizations. Their regional staff and familiarity with local Contractors are important to the projects continued success. The Corrective Action support under this task order must continue with the Contractor in order to complete on-going project activities.

Corrective Action – US Steel Task Order 5539 Toeroek has provided consistent service to one of Region 5’s longest and most complex Corrective Action sites. Toeroek’s staff recently provided support for a risk evaluation at the site. Their thorough review resulted in a more complete understanding of the conditions of the soil and groundwater. Staff focused on primary issues and provided practical suggestions to resolve deficiencies. A Contractor without a historic viewpoint of the site would not have been able to provide a similar level of review. Toeroek’s work must continue to complete necessary deliverables for this task order.

Field Oversight and Sampling - AK Steel - Mansfield Foundry Task Order 5541 Toeroek supports this project by reviewing the Phase III sampling plan and groundwater/surface water investigation. Toeroek provides superior technical support by partnering with the University of Waterloo to provide comments that greatly improve the field sampling approach and will yield a far better understanding of environmental conditions. Toeroek worked very well with the facility in a supportive and cooperative manner which lead to faster resolution of deficiencies. A change in Contractor would be a duplication of effort in order to reestablish University and facility relationships and Toeroek needs to complete submission of all comments.

Sampling and Analysis Support Task Order 6639 Toeroek performs numerous sampling and analysis projects for Region 6 each year. Toeroek pulls together and mobilizes teams which are skilled, well-trained and very efficient. The Contractor has been very patient on this Task Order where our state agency has experienced delay after delay with obtaining access agreements. Toeroek has checked in for status updates and juggled other projects to accommodate the field mobilization that will be needed to complete this Task Order. It is important that they continue this Task Order to complete sampling and analysis efforts. They understand Region 6’s requirements and provide significant cost reduction for our many investigation projects as a result of their highly qualified expertise and capability.

Special Initiative, FLIR (Infrared) Flyover Project Task Order 6643 This is Toeroek’s fifth Task Order for this very crucial and state of the art technology which is needed in our Enforcement Division. Toeroek understands the decision-making and exacting fieldwork requirements and constraints required on this task order as data could be needed later in administrative orders and even litigation. The Contractor demonstrates professionalism and has, obviously, maintained an excellent working relationship with their subcontractor over the past five years. Toeroek has extensive experience processing videos for EPA consumption and preparing reports for Enforcement activities. This is the experience that is needed by our Enforcement Division. Toeroek’s day-to-day management, oversight of the subcontractor and close coordination with EPA has impressed our Enforcement Division and ensured high-quality deliverables. Bringing in another Contractor after four successful flyovers would be expensive and time-consuming considering work that has already started and needs to continue through the extension period.

EPA Zone 3, EP-W-13-002 Task Orders:

Iowa Inspection List B Task Order 20 This is the state implementation program for the state of Iowa; without coverage for the state EPA would not be providing the agreed upon support for the state. Toeroek’s support needs to continue 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. Their unique capability is needed to complete on-going projects.

Corrective Action Technical Review List A Task Order 33 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 Toeroek support so that we can continue implementation 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. Toeroek’s expertise is required for the level of work under this task order and awarding to a new Contractor would likely be a duplication of effort.

Corrective Action Field Assistance List A and B Task Order 34 and 35 This is an umbrella task order which is designated to cover field assistance that may be required due to FTE shortfalls or workload. We need continued Toeroek 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. Bringing in another Contractor would be expensive and time-consuming considering work that has already started and needs to continue through the extension period.

Records Management/FOIA/Notification Task Order 18 It is imperative that Toeroek continues to run our Records Management/FOIA without disruption. We have two onsite Contractors who have been cleared for security under the existing contract. The security process can take up to between two to three months; therefore, bringing on a new Contractor would likely cause major disruption to on-going work. Furthermore, the incumbent has a long history of performing this project. If this task order is disrupted or delayed, lawyers and enforcement personnel who rely on the records center for providing facility information can lose their cases in court if they don't receive the documents needed on a timely manner. Most of the time this information is urgent and sent to the lawyers and enforcement personnel immediately. Also, the Land Division would not be able to process the Freedom of Information Request in a timely manner. Considering the nature of work under this task order, it’s important to maintain continuity of service during the extension period for this contract.

Toxics Release Inventory Task Order 32 Toeroek has worked immensely on TRI outreach materials and providing community-based workshops. It would be a huge learning curve for another Contractor to take on and continue this project. Considering the projects completed and projects that are in progress, it would be detrimental to bring a new Contractor in now to complete projects during the requested extension period.

Resource Conservation and Waste Prevention Support Task Order 38 Toeroek’s experience, knowledge and expertise in webinars, Sustainable Materials Management and direct experience in supporting Region 5’s disaster debris and recover database, Toeroek has the expertise to collect and compile data to expand this tool to Region 10 states and adjoining states, and provide the technical support needed for this project. Significant effort has already been invested in the webinar support and the Region 10 disaster debris database development with Toeroek; using a new Contractor would neither be time nor cost effective.

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 Toeroek accordingly. Considering Toeroek’s price ceiling will be fair and reasonable and the unique capability provided by Toeroek; 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, Toeroek, 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 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)