Description
The U.S. Environmental Protection Agency has a requirement for functions in support of the USEPA's Environmental Response Team Center (ERTC). The Response, Engineering, and Analytical Contract (REAC) utilizes government-owned equipment and facilities in Edison, New Jersey and Las Vegas, Nevada to provide support to the ERTC in conducting Agency missions under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Superfund Amendments and Reauthorization Act (SARA), Oil Pollution Act (OPA), Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), Clean Water Act (CWA), Clean Air Act (CAA), and other legislative acts. ERTC services are provided in support of the Office of Solid Waste and Emergency Response (OSWER), EPA Regional On-Scene Coordinators (OSCs), Remedial Project Managers (RPMs), and other Agency groups. The contractor shall provide support to ERTC by maintaining 24-hour response capability for national and international releases of oil and hazardous materials and uncontrolled hazardous waste sites. Services shall be provided in the following areas: Chemical and biological counter terrorism response, biological/ecological studies, on site analytical laboratory analysis, engineering studies (treatability/feasibility) investigations, technology evaluations, process reviews, and plant inspections, multimedia studies (hydro geological investigations, soil gas surveys, risk assessments, field analytical surveys), health and safety activity, quality assurance programs, and other technical support services associated with the implementation of those listed above. Significant potential exists for conflicts of interest (COI) under this procurement. Therefore, it is considered in the best interest of the Government to preclude from award consideration as a prime contractor, emergency rapid response services (ERRS) contractors. Furthermore, offerors that work directly for ERRS contractors shall be required to identify the projects they are working on and, if appropriate, demonstrate how they will avoid, neutralize or mitigate any organizational conflict of interest that would arise if they were performing work for both the Agency and the ERRS contractors. The solicitation will contain the following provision, "Prohibition of Emergency Rapid Response Contractors from Being Considered Eligible for Award." The text of this clause will be as follows: "Whereas the purpose of this contract is to provide technical and analytical support to the Agency in its development and oversight of cleanup activities and evaluation of cleanup technologies, emergency response contractors shall be considered ineligible for award of any contract resulting from this solicitation. Subcontractors that have significant contracts with the above contractors may be ineligible for award. However, if such a firm believes it can avoid, mitigate, or neutralize such a conflict of interest, it may submit a proposal and plan to avoid, mitigate, or neutralize. If such a firm submits its proposal, it does to at its own expense with the express understanding that its plan could still be deemed unacceptable. The determination whether an offeror is to be considered ineligible for award will be made by the Agency on a case by case basis." The solicitation and resulting contract shall also contain the clause, "Limitation on Future Contracting." The text of this clause will track with Limitation of Future Contracting, Alternative V (Headquarters Support), EPAAR 1552.209-74 (MAY 1994), except for paragraph (c). Paragraph (c) of the clause shall read as follows: "Paragraph c: Unless prior written approval is obtained from the cognizant EPA Contracting Officer, the Contractor agrees not to enter into a contract with or to represent any party, other than EPA, with respect to: (1) any work relating to CERCLA activities which pertain to the site where the Contractor previously performed work for EPA under this contract; (2) any work that may jeopardize CERCLA enforcement actions which pertain to the site where the Contractor previously performed work for EPA under this contract; (3) 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; (4) the contractor will be ineligible to enter into any contract or subcontract which supports EPA's performance of Superfund Headquarters policy work including support for the analysis and development of regulations, policies, or guidance that govern, affect, or relate to the conduct of response action activities, unless authorized by the Contracting Officer. Examples of such contracts include, but are not limited to, Superfund Management and Analytical support contracts, and Superfund technical and analytical support contracts; (5) the contractor will be ineligible to enter into a contract for EPA cleanup services, either as a Prime Contractor, subcontractor, or consultant. These restrictions apply during the life of the contract." It is anticipated that a 60 month contract will be issued. The anticipated contract type is cost plus award fee, level of effort. The 60 month contract period will consist of 1,300,000 direct labor hours. In addition, options will be included to grant the Government the opportunity to increase the level of effort by up to 680,000 direct labor hours during the contract period. The anticipated award date is May 2004. The RFP release date and closure date have not been established at this time. The solicitation will be available on the Internet at www.epa.gov/oam/cinn_cmd. Interested parties are expected to download the solicitation and subsequent amendments from the web site. Hard copies will not be distributed. It is the responsibility of potential offerors to frequently check the site for amendments. The solicitation is subject to full and open competition, all eligible and responsible sources may submit a proposal which will be considered by EPA. Contract award will be made in accordance with FAR Part 15, Contracting by Negotiation. The applicable NAICS code is 561210. See note 26.