PRE-SOLICITATION NOTICE for Solicitation 68HERC25R0243 Amendment 1 “Ecological and Human Health Risks in Water, Fish, and Sediments and of Microbial Pathogens in Surface Waters” The purpose of Amendment 1 is to add the full text of EPAAR clause 1552.209-74 LIMITATION OF FUTURE CONTRACTING to the notice. Pre-solicitation Notice for US Environmental Protection Agency, “Ecological and Human Health Risks in Water, Fish, and Sediments and of Microbial Pathogens in Surface Waters.” THIS IS A PRE-SOLICITATION NOTICE ONLY. This is not a solicitation announcement for proposals and no contract will be awarded from this announcement. Note: This requirement was solicited on November 19, 2024 under Solicitation #68HERC24R0142 as a total small business set-aside. The solicitation was cancelled August 5, 2025 because the EPA did not receive any acceptable proposals. In accordance with 19.502-2(a) and 19.502-9(a) the EPA withdrew the set-aside and is resoliciting on an unrestricted basis. The forthcoming Solicitation numbered 68HERC25R0243 will be available for downloading at FedConnect® located at the following internet address: www.fedconnect.net. Questions relating to the Solicitation are required to be submitted electronically through FedConnect®. ONLY those questions posted through FedConnect® will be accepted. All responses to questions will be released on FedConnect®. At this site, you will be able to register with FedConnect®, enabling you to download the Solicitation once released, join the mailing list, and submit questions. If you need technical assistance in registering, or for any other FedConnect® function, call the FedConnect® Help Desk at (800) 899-6665, or e-mail
[email protected]. Contractor registration in the Government’s System for Award Management (SAM) is required in order to submit a proposal in response to the Solicitation and/or be eligible for contract award. Registration may be completed, and information regarding the registration process may be obtained, at http://www.sam.gov. Once issued, Solicitation documents will be available electronically for download at https://www.fedconnect.net. Hard copies of the solicitation package will not be distributed. Electronic copies of responses will be required and shall be submitted via FedConnect® https://www.fedconnect.net. E-mail or other methods of proposal submission will not be accepted and will not qualify as valid responses to the Solicitation. The purpose of the forthcoming Solicitation is to award one (1) contract to provide support to the Environmental Protection Agency (EPA), Office of Water (OW). The purpose of this contract is to support EPA’s “Ecological and Human Health Risks in Water, Fish, and Sediments and of Microbial Pathogens in Surface Waters” for the U.S. There will be several categories of work performed under this contract. The main labor categories anticipated include professional program manager, QA manager, technical program manager, environmental chemist, aquatic toxicologist, senior scientist, senior analyst, chemist, statistician, writer/editor, toxicologist, modeler, environmental engineer, computer programmer, analyst, biologist, and technician. The solicitation will also contain the custom local provision Disclosure Requirements for Organizational Conflicts of Interest (EPA-L-09-102). The Solicitation will specify disclosure requirements pursuant to the following organizational relationships, which have been determined by the Agency to contain potential Conflict-of-Interest concerns: • Entities which develop/produce/import chemicals, including pesticides and agricultural products, and/or own/operate waste management/waste disposal firms which could discharge to waters of the United States. • Entities which develop/manufacture/sell/import water treatment and/or wastewater treatment equipment and/or chemicals. • Entities which own or operate industrial or domestic waste treatment facilities, including operators of publicly owned treatment works (POTWs). • Entities that are holders of National Pollutant Discharge Elimination System (NPDES) permits or dischargers to NPDES permit holders, including water utilities and suppliers • Entities that have, or have significant clients that have, a financial interest in either the issues or the outcomes of EPA decisions supported by work under the contract. • Entities that have an interest in furthering the harvest, sale, or consumption of freshwater or marine fish and seafood, and entities that have significant business or financial relationships with such businesses. The solicitation and resulting contract will also contain the clause, “Limitation of Future Contracting.” See Attachment 1for EPAAR clause 1552.209-74 LIMITATION OF FUTURE CONTRACTING. (APR 2004)-ALTERNATE V (HEADQUARTERS SUPPORT) (APR 2004) The Government anticipates award of one (1) Indefinite Delivery/Indefinite Quantity (ID/IQ) contract, with Firm-Fixed-Price (FFP) type and Cost-Plus-Fixed-Fee (CPFF) type task orders, including a single ordering period of 5 years. The contract is also anticipated to include an additional 12 months of performance for completion of work ordered within the 5-year ordering period, and a Government unilateral option to extend services for up to 6 months in accordance with FAR 52.217-8. This renders a total potential performance length of up to 78 months, including the 60-month base ordering period, a potential maximum 6-month option to extend the ordering period, and 12-month additional performance period for completion of ordered work. The minimum guaranteed contract value is anticipated to be $100,000.00, and the total maximum ceiling value is anticipated to be $21.7 Million. The anticipated Solicitation release date in within the time from of early September to late September and the proposal deadline shall be approximately thirty (30) days thereafter. The Solicitation will be issued on a full and open competitive basis, with no small business set-aside(s). All responsible sources may submit a proposal for EPA consideration. The NAICS code is 541620 “Environmental Consulting Services”, with a size standard of $19 Million. The PSC Code is R499. Award will be made in accordance with FAR Part 15 – Contracting by Negotiation, using a Best Value source selection approach, price and other factors considered, where all non-price criteria, when combined, are significantly more important than price. The EPA contracting point of contact is Kimberly F. Loesch, Contracting Officer, at
[email protected]. ATTACHMENT 1 H-6 EPAAR 1552.209-74 LIMITATION OF FUTURE CONTRACTING. (APR 2004)-ALTERNATE V (HEADQUARTERS SUPPORT) (APR 2004) (a) The parties to this contract agree that the Contractor will be restricted in its future contracting in the manner described below. Except as specifically provided in this clause, the Contractor shall be free to compete for contracts on an equal basis with other companies. (b) The Contractor will be ineligible to enter into a contract for remedial action projects for which the Contractor has developed the statement of work or the solicitation package. (c)The following applies when work is performed under this contract: Unless prior written approval is obtained from the cognizant EPA Contracting Officer, the Contractor, during the life of the work assignment, task order, or tasking document and for a period of three (3) years after the completion of the work assignment, task order, or tasking document, agrees not to enter into a contract with the following entities or for the following purposes. 1) Entities that develop/produce/import chemicals, including pesticides and agricultural products, and/or own/operate waste management/waste disposal firms which could discharge to waters of the United States, 2) Entities that develop/manufacture/sell/import water treatment and/or wastewater treatment equipment and/or wastewater treatment equipment and/or chemicals, 3) Entities that own or operate industrial or domestic waste treatment facilities, including operators of publicly owned treatment works (POTWs), 4) Entities that are holders of National Pollutant Discharge Elimination System (NPDES) permits or dischargers to NPDES permit holders, including water utilities and suppliers, 5) Entities that have, or have significant clients that have, a financial interest in either the issues or the outcomes of EPA decisions supported by work under the contract, 6) Entities that have an interest in furthering the harvest, sale, or consumption of freshwater or marine fish and seafood, and entities that have significant business or financial relationships with such businesses, 7) If the purpose of the relationship is to support or affect efforts to contest, oppose, or influence the content of industry effluent guidelines and related programs, and other work products such as regulations, policies, methods, studies, analyses and guidance documents, for which it has provided, is providing, or has task orders to provide services to the Agency under this contract, including, but not limited to economic, regulatory, technical, scientific, engineering, litigation, statistical, analytical, research, investigatory or database support. (d) The Contractor agrees in advance that if any bids/proposals are submitted for any work that would require written approval of the Contracting Officer prior to entering into a contract subject to the restrictions of this clause, then the bids/proposals are submitted at the Contractor's own risk. Therefore, no claim shall be made against the Government to recover bid/proposal costs as a direct cost whether the request for authorization to enter into the contract is denied or approved. (e) To the extent that the work under this contract requires access to proprietary or confidential business or financial data of other companies, and as long as such data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure. (f) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder, except for subcontracts or consultant agreements for nondiscretionary technical or engineering services, including treatability studies, well drilling, fence erecting, plumbing, utility hookups, security guard services, or electrical services, provisions which shall conform substantially to the language of this clause, including this paragraph (f) unless otherwise authorized by the Contracting Officer. The Contractor may request in writing that the Contracting Officer exempt from this clause a particular subcontract or consultant agreement for nondiscretionary technical or engineering services not specifically listed above, including laboratory analysis. The Contracting Officer will review and evaluate each request on a case-by-case basis before approving or disapproving the request. (g) If the Contractor seeks an expedited decision regarding its initial future contracting request, the Contractor may submit its request to both the Contracting Officer and the next administrative level within the Contracting Officer's organization. (h) A review process available to the Contractor when an adverse determination is received shall consist of a request for reconsideration to the Contracting Officer or a request for review submitted to the next administrative level within the Contracting Officer's organization. An adverse determination resulting from a request for reconsideration by the Contracting Officer will not preclude the Contractor from requesting a review by the next administrative level. Either a request for review or a request for reconsideration must be submitted to the appropriate level within 30 calendar days after receipt of the initial adverse determination. (i) A review process available to the Contractor when an adverse determination is received shall consist of a request for reconsideration to the Contracting Officer or a request for review submitted to the next administrative level within the Contracting Officer's organization. An adverse determination resulting from a request for reconsideration by the Contracting Officer will not preclude the contractor from requesting a review by the next administrative level. Either a request for review or a request for reconsideration must be submitted to the appropriate level within 30 calendar days after receipt of the initial adverse determination. (End of clause)