Description
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF ACQUISITION SOLUTIONS CINCINNATI PROCUREMENT OPERATIONS DIVISION CINCINNATI, OHIO 45268 INTENT AND JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION TO MODIFY THE CEILING OF SOLE SOURCE AWARD The U.S. Environmental Protection Agency (EPA), Cincinnati Acquisition Division (CAD), intends to award a sole source award, via contract modification to Eastern Research Group (ERG), under contract 68HERC21D0007. This intent and justification are being submitted as a supplement to the original sole source justification that was provided at contract award. Italic text below is cited from the original approved sole source JOFOC. This contract modification will increase the ceiling of the current Indefinite Delivery Indefinite Quantity (IDIQ) contract from $35 million to $47.8 million. The period of performance for this IDIQ contract is 03/10/2021 – 03/09/2026 and shall remain unchanged. Task orders may be issued up to the last day of performance but shall not exceed 12 months. Upon the basis of the original and following supplemental justification, EPA Contracting and the Competition Advocate haǀĞ closely reviewed and hereby approves the use of other than full and open competition of the proposed contractual action pursuant to the authority of 41 U.S.C. 253(c)(1). Identification Number: INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT 68HERC21D0007 - Enforcement, Litigation, and Technical Support for the Office of Civil Enforcement 1. Identification of the agency and contracting activity. The U.S. Environmental Protection Agency (EPA), Cincinnati Acquisition Division (CAD), proposes to increase the contract ceiling on a basis of other than full and open competition for the Office of Enforcement and Compliance Assurance (OECA) Office of Civil Enforcement (OCE) Mission Support Contract. 2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc. The OCE mission support contract was awarded with a total ceiling value of $35,000,000. At the time of award, the ceiling was appropriate for the level of estimated support and projected funding for the necessary enforcement and compliance activities required under this IDIQ contract. Additionally, and prior to the original IDIQ award, OECA and CAD determined that full and open competition would not be appropriate for this requirement and this determination was documented in the Justification for Other Than Full and Open Competition approved June 2020. The June 2020 JOFOC provided the following rational for the sole source to ERG: “Eastern Research Group Inc. is uniquely qualified to provide these services to the OCE based upon the following: Page 2 of 5 ERG provides enforcement, litigation, and technical skill for all three, (air, water, and chemical waste) environmental enforcement areas and records management support services with an expertise in enforcement records retention. …With the required tasks of inspection and environmental compliance evaluation, the vendor must refrain from working within industry as unbiased objectivity is critical. ERG is unique in that ERG does not provide environmental compliance support services to the regulated community. ERG is the only known vendor that possess the necessary expertise in all three environmental enforcement division to perform case negotiations support and inspections in a timely manner, uninterrupted, and cost-effective manner without influence or conflict of interest with industry.” CAD intends to issue a modification to the current sole source IDIQ, to increase the ceiling capacity based on unanticipated and significant increases in work required by OECA/OCE. This modification is necessary for operational continuity and to avoid disruption or delay in critical projects, court ordered deadlines or compromised mission outcomes. 3. A description of the supplies or services required to meet the agency’s needs. The agency currently requires an increase in scope of the current services being provided by ERG under IDIQ Contract 68HERC21D0007. 4. The statutory authority permitting other than full and open competition. The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements”. 5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority. ERG has been able to successfully support the EPA in meeting agency objectives, meet project milestones, deliver quality results and address urgent needs in a standard and timely manner. The solicitation and procurement of these services for this ceiling increase, under a new contract vehicle, would prove to be extremely inefficient based on the immediate continuity of service and support required. Due to the confidential nature of the investigations, offerors would not be privy to, nor have access to, pertinent case information required for current litigation. Also, offerors would not be able to meet performance deadlines as needed without knowledge of current and historical contracting actions completed under this award. Often, task order(s) technical direction under this contract requires a short turn around, some as soon as 14 days after issuance. At this time, it would be impossible to meet this deadline under a new contract vehicle. At original IDIQ award, EPA provided a brief narrative to support the best estimated $35M contract ceiling establishment; “Due to an anticipated decrease in funding allocations the current (2015-2020) Mission Support contract ceiling was notably decreased to $22 million; however, current funding levels have significantly increased to align to previous funding levels. Therefore, the anticipated ceiling for the (2020-2025) Mission Support recompete is estimated at $34 million. The justification for this increase is as follows: from 2020-2023, the Office of Civil Page 3 of 5 Enforcement will be implementing at least one new National Compliance Initiative (NCI), the Clean Water Act National Pollutant Discharge Elimination System Significant Noncompliance NCI, in addition to our current NCIs. This new NCI will require significant inspection support as well as a review of data to determine compliance. OECA also plans a number of compliance monitoring and enforcement focus areas for 2020 and beyond, which are consistent with the Agency Strategic Plan. These areas are: a) Drinking water, b) Lead paint, c) Air pollution sources (stationary and mobile) in CAA non-attainment areas and maintenance areas, d) Water pollution sources contributing to water quality impairment, e) Vulnerable communities. OCE will be providing both significant inspection support for these efforts in addition to lab work support for sampling and analysis. OCE also plans to develop impactful cases from those inspections that find violations. These cases will need analytical/technical support to ensure that the Agency develops a strong case and an appropriate injunctive relief demand. Furthermore, OCE is currently leading the implementation of the Federal Lead Action Plan in OECA and expects to need increased contract support as it implements the goals of that plan in the enforcement context. OCE is also leading the development of several national cases as well as a major national stormwater case. One of these cases is a multimedia case involving PFOA/PFOS contamination, so OCE has a great need for inspection, sampling, and analysis to support this case. Lastly, this contract will support the regions as they require contract inspection, sampling, and analysis.” As noted above, the 2020 IGE did not account for the increased level of support required for OECA/OCE. However, the current IDIQ contract now necessitates additional contractor resources to continue essential operations. Therefore, OCE is seeking a $12.86 million dollar increase, as there is a continued and significant need for contractors to assist the Agency in completing compliance investigations under the direction of EPA HQ and regional personnel as well as providing expert technical support for cases either in development or in negotiations. The original $35,000,000 contract ceiling is close to being reached due to the unforeseen demand for services and support of the regional and programmatic usage, for compliance and enforcement work. Despite the increased funding request, the overall cost effectiveness of the contract remains high. If modification does not occur, then service and support will be impacted with the possibility of Clean Air Act (CAA) violations, delays in planned litigation, lapse in litigation support for current actions, and disruption of service for investigations in progress. 5. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOps announcement was made and what response, if any, was received, or include the exception under FAR 5.202 if not synopsizing. Describe whether any additional or similar requirements are anticipated in the future (this may not be included as an addendum, but must be in the body of the JOFOC). With this being a modification of the ceiling increase to the original sole source IDIQ, offers were not solicited by outside sources. Contract modification is the most economical and efficient method to obtain the necessary level of continued support that is currently required. A follow-on award is anticipated and is currently in the Page 4 of 5 planning phases, with new market research for competition to the maximum extent practicable. . 6. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. Once justification is approved and posted and, in an effort, to determine fair and reasonable pricing, the contracting office plans to request a revised IDIQ proposal from the contractor, only applicable to the ceiling increase and active period of performance. A more detailed cost or price analysis will be provided at the task order level. ny task orders issued after the award date of this ceiling increase shall incorporate rates commensurate with the approved contract level modification. 7. A description of the market research conducted and the results. Market research was conducted with the original IDIQ award and revisited with modification consideration. At this time, EPA has determined that there are no other vendors in the marketplace who can provide the continuity of the service and support for the Agency, at the level currently required. 8. Any other facts supporting the use of other than full and open competition. In accordance with FAR 6.302-1, the contracting office has identified that ERG offers a unique capability, a service that is not otherwise available to EPA from another vendor. If the current IDIQ is not modified with a ceiling increase then it will result in service and support delays, with substantial costs to the government; that are not likely to be recovered through competition. 9. A listing of any sources that expressed a written interest in the acquisition. Eastern Research Group 10. A statement of any actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated. The OECA/OCE is currently reviewing and preparing the follow-on package for this requirement. During these early planning stages, the contracting office will continue to review active contracts and industry performance to determine if other vendors can provide the expertise required to fulfill the requirements of this contract action. EPA also plans to conduct thorough market research through RFI’s, Sources Sought, reviewing strategic sourcing vehicles, mandatory sourcing vehicles, and by working with the Small Business Administration to identify potential vendors for the follow-on effort.