--License to use materials in SPCC Suite of Retail Guidance Materials.

License to use materials in SPCC Suite of Retail Guidance MaterialsIn accordance with FAR Subpart 6.3, the U.S. Environmental Protection Agency (EPA) Office of Emergency Management intends to award a Sole Source Fixed-Price purchase order to Asmark Institute. This justification represents rationale for other than full and open competition for the subject procurement. Under section 6.302-1, only one responsible source and no other source will satisfy the agency's requirements for this service. EPA supported The Fertilizer Institute (TFI) and The Asmark Institute in development of TFI?s `mySPCC Suite of Retail Guidance Materials.? These materials provide essential regulatory implementation guidance to agriculture sector facilities regulated under EPA?s Oil Spill Prevention, Control and Countermeasure (SPCC) (40 CFR Part 112). This industry sector is the one of the largest sectors regulated under the EPA SPCC program. It serves the Agency?s and the public?s interest to have comprehensive, sector-specific regulatory implementation guidance available to this sector. At present, TFI and Asmark provide the only source for SPCC implementation guidance for the agricultural sector. EPA has thoroughly reviewed the guidance materials, provided development assistance, and believes the materials are an appropriate regulatory compliance resource for this sector. Prior to working with EPA, TFI and Asmark had charged client facilities a flat fee of approximately $300 for access to these materials. EPA prefers that regulatory guidance materials be available at no charge to regulated facilities. Therefore, EPA has negotiated an agreement with TFI and Asmark to allow EPA to distribute the materials to the regulated community and members of the public at no charge to them in return for EPA?s one-time purchase for $20,000 of a five-year license to distribute the materials. This money will help defray Asmark and TFI?s costs to host the guidance materials on their web servers and update them as appropriate. As there are thousands of facilities in thi s sector, this agreement results in a significant net savings to the public for access to this information. EPA desires a five-year license instead of a one-year license because the requirements for the EPA SPCC program operate on a five-year cycle: facilities are required to update certain aspects of their SPCC Plans at least every five years. Therefore, EPA would like to ensure that these materials are available to the regulated community during the complete five-year cycle. TFI and Asmark will update the materials as relevant changes to the underlying regulations occur, and under this license agreement, regulated facilities will be able to download any updates within the five-year window at no charge. Response Date: The response date for this action shall be September 19, 2011 at 12:00pm EST. NO SOLICITATION OR REQUEST FOR QUOTE (RFQ) IS AVAILABLE. Notwithstanding, any firm that believes it is capable of meeting EPA's requirement as stated herein may submit a capability statement, which if received within five (5) calendar days of the date of this announcement will be considered. Responses to this posting must be in writing and provide clear and convincing evidence that competition would be advantageous to the Government. A determination not to compete the proposed purchase order based upon the responses to this notice is solely within the discretion of the Government. All questions should be directed to: Ron Bell via the e-mail link below. The point of contact for this procurement is Ron Bell, Contracting Specialist, at [email protected]. No Phone Calls Please.