Inactive

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION In accordance with Revolutionary FAR Overhaul (RFO) FAR Part 18 and Subpart 6.103-2, Unusual and Compelling Urgency This Justification for Other ... JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION In accordance with Revolutionary FAR Overhaul (RFO) FAR Part 18 and Subpart 6.103-2, Unusual and Compelling Urgency This Justification for Other than Full and Open Competition (JOFOC) is being prepared pursuant to the content requirements prescribed in Federal Acquisition Regulation (FAR) subpart 6.103-2 [41 U.S.C.3304(a)(2)] and EPAAR 1506.303 1. In accordance with FAR 6.104-1, Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition”: Agency: U.S. Environmental Protection Agency Contracting Activity: U.S. Environmental Protection Agency Region 6, Mission Support Division Grants and Acquisitions Branch Program Office: Region 6, Superfund and Emergency Management Division Project Identification: Proposed Source(s): Region 6, Emergency and Rapid Response Services (ERRS) V Contract for Emergency Response 68HE0422D0001, Environmental Restoration, LLC. 2. Nature and/or description of the action being approved: The Environmental Protection Agency (EPA), Region 6 Superfund and Emergency Management Division (SEMD) is requesting approval of a sole source action to increase the contract ceiling of its current ERRS (ERRS V) Contract. The current ERRS contract is a single-award, Indefinite Delivery/Indefinite Quantity (IDIQ) contract, (68HE0422D0001) awarded on November 10, 2021, to Environmental Restoration, LLC in the amount of $176,323,218.99; and the ordering period of this IDIQ contract expires on November 9, 2026. While the EPA Region 6 is in the process of awarding a competitive follow-on contract for these services, it is necessary that the current ERRS contract ceiling be increased to ensure continued mission- critical support for Emergency, TimeCritical, Non-Time-Critical, and Environmental Program Responses. This increase will not alter the general scope of the contract. This action is requested for a maximum of $80,000,000 to do the following: restore a portion of the funding ceiling ($20,000,000) to ERRS V Contract that was used to respond to Smitty’s Fire emergency initially; and increase ceiling capacity ($60,000,000) to continue ongoing recovery efforts (clean ups, maintenance, and monitoring tasks) following the catastrophic explosion, subsequent multi-day fire, and ongoing response to Smitty’s Supply Roseland, LA in August 2025, based on the Independent Government Cost Estimate (IGCE) that carries the response to November 2025. This action is essential to maintain uninterrupted ongoing emergency response operations. The incident involves hazardous chemicals and highly flammable industrial materials, resulting in a release of toxic substances that pose an immediate and substantial endangerment to surrounding communities and ecosystems. This action will support the flushing of the banks of the river, shipping waste off-site 24 hours a day, recovery of oil from four (4) ponds and one (1) river for a total of 2,869,606 gallons of oil. 3. A description of the supplies or services required to meet the agency’s needs (including the estimated value): The ERRS contract provides a large response force to support the activated site coordination efforts and provide EPA with direct observations for incidents that cover large geographical footprints. These services directly align with Pillar #1 and Pillar #3 of the Environmental Protection Agency (EPA) Administrator’s Powering the Great American Comeback Initiative. The ERRS contractor provides emergency response and scientific and technical support services to EPA in all these stated roles and activities in furtherance of the agency’s primary mission: The protection of human health and the environment. EPA activates ERRS to respond to these emergency situations and provide technical support (e.g. assist in assessment of the situation/significant event, determine the extent of the potential impact, and to provide the documentation thereof) in protection of public health and the environment. These tasks are critical to EPA’s mission and are not inherent to EPA personnel. ON-GOING, EXISTING WORK: There are currently 12 active projects under this Contract which are critical to the EPA’s mission. All Emergency Response or Time-Critical work continuing under this ceiling increase is ordered and performed under existing task orders. A lapse in support in any of the on- going/existing work would have immediate and significant detrimental consequences to the Agency’s ability to fulfill its mission-critical emergency response, preparedness, prevention, risk assessment, sampling, analysis, and inspection activities, and would pose serious and significant threats to the health and safety of the public, environment wildlife, waterways, and surrounding land. In response to the Smitty’s Supply explosion and subsequent fires that lasted for multiple weeks the ERRS contractor included 24-hour firefighting services. Due to the unusual and compelling urgency caused by the explosion and subsequent fires, the contractor must continue providing around the clock specialized emergency environmental response services including: contaminant and neutralization of hazardous substances, fire residue and debris management including hazardous waste removal and disposal, stabilization of compromised structures to prevent secondary releases or explosions, deployment of specialized personnel and equipment, coordination with EPA On Scene Coordinators (OSCs), state environmental agencies, and local first responders. Although the initial response has been addressed there is an unusual and compelling urgency for work under this contract to continue during this man-made disaster, and it would cause delays in procuring essential supplies and services leading to serious harm and would compromise public health. The Government would be seriously injured unless the agency is permitted to limit the number of sources to the one that has been present since the beginning of the emergency, as there is no time to transition responsibilities. Therefore, it is vital to the Region’s Superfund program and mission to ensure the support provided under 68HE0422D0001 continues with increased ceiling capacity. The value of the ceiling increase is $80,000,000. 4. An identification of 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. 3304(a)(2) in accordance with Revolutionary FAR Overhaul, FAR Part 6.103-2; IPN 25-07; and IPN 25-06, ‘Unusual and compelling urgency.’ 5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited: The Smitty's explosion created an unusual and compelling urgency as defined by RFO FAR 6.103-2, fully meeting the criteria under the FAR. EPA has a statutory obligation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to take immediate removal action when a release or threatened release of hazardous substances presents an imminent danger to public health or the environment. The CERCLA removal action memorandum limitation has been raised from $2,000,000 to $70,000,000. The Smitty’s explosion caused significant contamination to areas surrounding the site. Another way this emergency response is unusual is due to the resources that will be required for EPA to mitigate the threat to human health, but also because this is the first time the US Coast Guard (USCG) has authorized the EPA to use funding specifically for actions pursuant to the Clean Water Act (CWA). EPA regularly receives funding from USCG for response actions under the Oil Pollution Act (OPA) for more typical petroleum spills. This response is unique because the Smitty’s facility was processing petroleum into various lubricants, so the contaminant is petroleum-based, but overall, a mixed content. This distinction resulted in EPA being allocated more than $33,000,000 of CWA funding for use at this response that it otherwise would not have access to, an increase is pending approval by USCG. This CWA funding is separate from the OPA and CERCLA funding also being used in this response. Both unusual increases underscore the extraordinary scope and severity of this incident. Without this modification to increase the contract ceiling, EPA will be unable to fulfill its CERCLAmandated response obligations resulting in a failure to protect public health and prevent catastrophic environmental harm. The urgency of the emergency requires immediate action. Based on the time needed to respond, and with the ERRS contractor on site in position to continue to provide the timely recovery support services needed as a result of the explosion this ceiling increase is in the best interest of EPA to meet the mission as the responsible party. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies: The current ERRS contract was competed and resulted in a single award IDIQ. EPA Region 6 is in the process of competitively awarding another long-term contract for these services that will become effective at the end of 2026. This justification is to increase the ceiling of the current ERRS IDIQ contract, new offers will not be solicited from any additional sources for the continuation of emergency/non-emergency environmental program technical support currently provided under the IDIQ vehicle. In accordance with FAR 5.202(a)(2) a solicitation will seriously disrupt operations and hinder the mission. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The contractor is using pre-negotiated labor and equipment rates deemed fair and reasonable at the initial award of the IDIQ and therefore the anticipated costs associated with this increase are considered fair and reasonable based on previously negotiated rates, historical data, and an IGCE analysis. 8. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted: Preliminary market research was not conducted for this requirement. The Government did estimate the amount of capacity needed and that estimate was based upon inherent knowledge from having successfully performed this work for many years utilizing the contracted labor and equipment rates. EPA Region 6 also conducted a survey with other Regional EPA Offices to request reach back support. Region 4 (Atlanta) was able to offer capacity to Region 6 up to a reasonable amount that would not jeopardize the needs of their region; however, Region 6’s need was significantly more than what Region 4 could offer. Market research found that the only contract solution is a ceiling increase to the current Contractor so they can continue to support ongoing emergency response efforts at Smitty’s Supply Fire, Roseland, Louisiana and current sites without an interruption in service. 9. Any other facts supporting the use of other than full and open competition: The requested ceiling increase is necessary to ensure uninterrupted support to the Smitty’s Supply Fire, Louisiana, along with additional critical emergency response, preparedness, prevention, analysis, and inspection support and related projects for Emergency and Rapid Response Service. The Smitty’s Supply incident represents an unusual and compelling circumstance requiring immediate and sustained action. As a result, the government is requesting an increase of $80,000,000 to the current Region 6 ERRS contract ceiling to address both ongoing work at Smitty’s Supply and to restore funding availability. Current ERRS IDIQ Contract Status Current option period ceiling is: $65,707,233.12 Amount utilized to date: $59,959,900.29 Remaining capacity for option: $6,747,332.83 Contract POP ends: November 9, 2026 Given the extraordinary costs associated with the Smitty’s response, over $59 million in contract capacity has already been consumed, leaving insufficient ceiling to continue this and other ongoing regional needs. Through the IGCE the government has determined that $60,000,000 in additional capacity is required to fully support the ongoing emergency response at Smitty’s Supply through stabilization and cleanup. The majority of the IGCE costs are for subcontractors and disposal of the millions of gallons of petroleum-bases liquid wastes gathered from the ponds and river contaminated by the site, as well as the estimated 10,000 tons of solid wastes (contaminated soils and vegetation) from the surrounding lands. (redacted) as the surrounding lands, ponds and portions of the river are deemed complete. The additional $20,000,000 is required to restore the ceiling that was diverted from other emergency response to the immediate demands of Smitty's Supply which we deem as a reasonable and necessary adjustment to make the program whole and ensure readiness to sustain operations and fulfill EPA's mission. 10. A listing of the sources, if any, that expressed, interest in the acquisition in writing: No sources have expressed in writing an interest. 11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required: The Agency/Region anticipates awarding the replacement ERRS contract for a base. plus 1 option period, utilizing full and open competition.