Description
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION TO EXTEND CONTRACT PERIOD OF PERFORMANCE 1. Identification of the agency and the contracting activity: Superfund/RCRA Regional Procurement Operations Division (SRRPOD), Office of Acquisition Management, U.S. Environmental Protection Agency, is requesting the approval of a Justification for Other Than Full and Open Competition for the extension of the EP-R7-06-17 Maintenance, Modification, and Upgrade of ASPECT RS800 Infrared Systems support contract. 2. Nature and/ or description of the action being approved: Under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) of 1980, as amended; Section 311 of the Clean Water Act(CWA), as amended by the Oil Pollution Act of 1990 (OPA); and pursuant to the National Oiland Hazardous Substances Pollution Contingency Plan (NCP); and Presidential Decision Document (PDD) #39, the Environmental Protection Agency (EPA) has been delegated the responsibility to undertake response actions with respect to the release or threat of release of oil, petroleum products, hazardous substances, or pollutants and contaminants, that pose an actual or potential threat to human health or welfare, or to the environment. EPA is responsible for conducting evaluations of uncontrolled hazardous substance release sites. The US Environmental Protection Agency, National Decontamination Team is currently fielding a high level standoff hazards detection project under the program name of Airborne Spectral Photometry of Environmental Contaminants Technology (ASPECT). This program has the primary mission of remote detection of chemical vapors, plumes, and clouds. EPA is deploying the technology primarily to provide first responders and other emergency personnel with detailed chemical vapor plume information at the scene of the releases. Due to the critical nature of this emergency response component and since no follow on contract has been established, it has been determined that limiting competition for the contract extension to the current contract holder, Raytheon Company, would be of the best interest to the Government. 3. Description of the supplies or services required to meet the agency?s needs: The purpose of this requirement is to provide a mechanism for conducting maintenance, modifications, and upgrades to existing and new infrared line scanner systems used by the ASPECT program. This effort is focused around the RS-800 infrared line scanner design and its support subsystems. The ASPECT program is a unique sensor platform currently fielded to support emergency response missions and Nationally Significant Security Event (NSSE) activities. With the single IRLS system providing support for emergency response, it is critical to the program that both units remain in near continuous operational status. Whenever a unit and/or its critical subcomponents require scheduled maintenance or emergency repair this contract extension shall provide a means to quickly execute servicing of the IRLS and the related support equipment. The main components of remote chemical sensor systems consist of infrared detectors and their associated control systems, geo-spacial locaters, computers and communication equipment. Reliable operation of the ASPECT system is mandatory due to the emergency response nature of the program. The program currently uses two sets of identical sensors packages with one set being in flight status and the other serving as backup. Sensors and instruments are pulled from flight status at routine intervals for preventive maintenance, after a unit fails to operate correctly, or when a unit falls out of calibration. Maintenance and/or repair of the sensors must be accomplished in as short a time frame as possible to minimize down time of the system. The extension period of performance consists of an initial three (3) month base period with three (3) additional one (1) month option periods, not to exceed six (6) months. The total estimated value of the contract extension is $312,397.89, calculated by the evaluation of the last six months of Monthly Reports submitted by Raytheon for the current contract. 4. Identification of the statutory authority permitting other than full and open competition: FAR 6.302-2 Unusual and compelling urgency - Citations: 10 U.S.C. 2304(c) (2) or 41 U.S.C. 253 (c) (2). It is the Government?s position that this requirement is of such unusual and compelling urgency that the Government could be seriously injured unless the agency is permitted to limit the number of sources permitted to bid on the contract extension for EP-R7-06-17 Maintenance, Modification, and Upgrade of ASPECT RS800 Infrared Systems. 5. A demonstration that the proposed contractor?s unique qualifications or the nature of the acquisition requires use of the authority cited: Since the late 1990?s the incumbent contractor, Raytheon, has provided a mechanism for conducting maintenance, modifications, and upgrades to the existing RS800 Airborne Infrared Line Scanner (IRLS) System. Raytheon is the original designer and manufacturer of the RS800 IRLS. The system was originally designed and produced under a federally funded government research program. The specifications and performance of the system were directed by government researchers. Their design and manufacture were funded through the federal research program. The production of the completed units involved unique, specialized methods to produce the infrared filters and detectors. Core and unique features of the RS800 system include an array of specially designed and manufactured cold optical filters integrated onto a unique detector and assembly that provides for a wide geometric scan subsystem with maximum sensitivity. These units were designed and manufactured to provide data outputs that can be processed to identify and map chemical vapors in the atmosphere at the currently achievable lowest limits of detection. The current vendor, Raytheon directed the production of the filters, detector and the assembly. The field testing and response of the units was ver ified and completed under the prior research program efforts and later transitioned to EPA. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable: As a result of the EP-R7-06-17 Maintenance, Modification, and Upgrade of ASPECT RS800 Infrared Systems expiring on March 26, 2011, the recompete process was initiated on August 20, 2010. In an effort to ensure that offers were solicited from as many potential sources as practicable, on October 22, 2010 a sources sought notice was issued, on December 1, 2010 a pre-solicitation notice was issued and on January 13, 2011 a Request for Proposals was issued. All correspondence regarding this requirement has been posted on the EPA webpage as well as on the FedBizOpps website. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: It is anticipated that the Government will award the EP-R7-06-17 Maintenance, Modification, and Upgrade of ASPECT RS800 Infrared Systems contract extension based on current Option Year III rates that have been previously determined fair and reasonable at the time of contract award; however, a subsequent determination will be made at the time of award. 8. A description of the market research conducted: 1. October 22, 2010 ? To determine the availability of potential small business firms for a possible small business set-aside a Sources Sought Notice was posted publically. One response was received. 2. December 1, 2010 ? To notify all vendors of the U.S. Environmental Protection Agency (EPA), Office of Acquisition Management?s (OAM) intent to award a competitive contract to maintain modify and upgrade existing and new infrared line scanner systems used by the Airborne Spectral Photometry of Environmental Contaminants Technology (ASPECT) program a Pre-Solicitation notice was posted publically. One question was received. 3. January 13, 2011 ? A Request for Proposals was issued, closing on February 15, 2011 at 12:00 pm EST. Due to an unanticipated Government facility interruption that took place on February 15, 2011 the RFP closing date was extended one business day. Since the solicitation received no proposals at the time of initial closing on February 15, 2011 and due to the important and critical nature of the infrared line scanner system; it was determined on February 16, 2011 to be in the best interest of the Government to extend the RFP for an additional thirty (30) days.4. February 16, 2011 ? The Request for Proposals was extended for an additional thirty (30) days, closing on March 16, 2011 at 12:00pm EST. 9. Any other facts supporting the use of other than full and open competition: The performance of the RS-800 units is considered International Traffic in Arms Regulation (ITAR) export restricted. The specifications for the current systems were produced under a federal government program and as such can be supplied to qualifying sources that can demonstrate their ability to adhere to the ITAR restrictions while servicing the RS800 device without the ongoing involvement of the original manufacturer. Selection of an alternative vendor to provide the required services will require time to obtain and evaluate proposals in addition to determine their ability to adhere to the ITAR restrictions and become proficient at servicing the units. Selection of an alternative sensor unit or design is impractical at this time due to the manufacturing lead-time, current data processing software developments, and operational investments necessary to integrate a new sensor with the current ASPECT system. 10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition: 1. LR Tech/ Ionetrics2. INPUT Government Community3. L-3 Aeromet 4. Rae Systems, Inc 11. A Statement of any actions the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required: In an effort to overcome any potential barriers that would prohibit future exclusion of any future bidders, a competitive RFP for the EP-R7-06-17 Maintenance, Modification, and Upgrade of ASPECT RS800 Infrared Systems a solicitation for the follow-on contract has been publically issued on the EPA, FedBizOpps and Fed-Connect websites. 12. Contracting Officer Certification that the justification is accurate and complete to the best of the Contracting Officer?s knowledge and belief: It is the Contracting Officer?s certification that this justification is accurate and complete to the best of the Contracting Officer?s knowledge and belief.