Inactive

Upon the basis of the following justification, I, as Contracting Officer, hereby approve this exception to the fair opportunity process required by FAR 16.S0S(b)(2)(ii)(B) as implemented by FAR 16.S0S... Upon the basis of the following justification, I, as Contracting Officer, hereby approve this exception to the fair opportunity process required by FAR 16.S0S(b)(2)(ii)(B) as implemented by FAR 16.S0S(b)(2)(i)(C). I. Agency And Contracting Activity: Contracting Office: United States Environmental Protection Agency (EPA) Office of Acquisition Solutions (OAS) Information Technology Acquisition Division (ITAD) 109 T.W. Alexander Drive, Mail Code AA005 Research Triangle Park, NC (RTP), NC 27711 Project Office: Office of Air and Radiation I Office of Atmospheric Protection I Clean Air and Power Division (OAR/OAP/CAPD) 6204A 1200 Pennsylvania Ave, Washington DC 20460 2. Nature And/Or Description Of Action(s) Being Approved: The Support for Emissions and Allowance System for Energy (EASEY) Task Order (TO) was competed as a small business set-aside via GSA. The TO was awarded to Decisionpoint Corporation on June 13, 2023, in the amount of $3,628,045.05. The purpose of this exception to fair opportunity is to increase the ceiling of the TO by a total of $124,477.67. This ceiling increase will increase the ceiling of Option Year One by $124,477.67, from $1,209,038.72 to $1,333,516.39. Therefore, the total ceiling of the contract is being increased from, $3,628,044.74, by $124,477.67, to $3,752,522.41 - which is a 3.3% increase in the total value of the contract. The Office of Air and Radiation, Office of Atmospheric Protection, Clean Air Power Division, OAR/OAP/CAPD), has requested the ceiling to be increased for Option Period One. The purpose of increasing the ceiling on Option Period One is to add additional labor support to address needed enhancements and testing for the EASEY regulatory reporting system; while ensuring the mandated Cross-Media Electronic Reporting Rule (CROMERR) and Federal and Agency IT security policies and directives are met. The scope and nature of the work will not change, however, the additional features that are planned to be released for the EASEY system must undergo testing to ensure compliance is met. If the testing is not accelerated, there is risk that the system enhancements will not be released on time, failing to implement electronic reporting requirements under the Acid Rain Program and Cross State Air Pollution Rules 3. Description Of Supplies And/Or Services Required To Meet The Agency's Needs, Including The Estimated Value: The purpose of this contract task order is to provide the necessary technical support, maintenance, operations, modifications, enhancements, implementation, testing, and documentation for the data systems within Emissions and Allowance System for Energy (EASEY} that support emissions monitoring, data collection, and analysis by the Clean Air Markets Division. The Clean Air Market Division Business System (CAMDBD} applications and database are part of an integrated system currently being upgraded to EASEY. The applications include the following: • Emissions Collection and Monitoring Plan System (ECMPS}, • CAMD Business System (CBS}, • CAMD System Administrator (CSA}, and • the Clean Air Markets Program Data (CAMPD} tool. These applications are used to ensure that electric power producers have complied with the requirements of the Acid Rain Program (ARP}, Cross State Air Pollution Rule (CSAPR}, and Mercury and Air Toxics Standard (MATS}, including monitoring and reporting emissions and controlling emissions to authorized levels. These applications also provide data to the public. CAMD programs are authorized by statute and regulation, including Title IV of the Clean Air Act and the following sections of Title 40 of the Code of Federal Regulations: • Acid Rain Permits Regulation - Part 72 Sections 72.1 to 72.96 • Sulfur Dioxide Allowance System - Part 73 Sections 73.1 to 73.90 • Sulfur Dioxide Opt-Ins - Part 74 Sections 74.1 to 74.61 • Continuous Emission Monitoring - Part 75 Sections 75.1 to 75.75 • Acid Rain Nitrogen Oxides Emission Reduction Program - Part 76 Sections 76.1 to 76.15 • Excess Emissions - Part 77 Sections 77.1 to 77.6 • Appeals Procedures - Part 78 Sections 78.1 to 78.20 • CSAPR NOX and SO2 Trading Programs and Texas SO2 Trading Programs - Part 97 Sections 97.1 to 97.1035 • National Emission Standards for Hazardous Air Pollutants for Source Categories (MATS Program} - Part 63 Sections 63.1 to 63.12099 • Greenhouse Gas Reporting Program - Part 98 Sections 98.40 to 98.48 Increasing the ceiling for Option Period One increases the amount of labor required to meet regulated testing procedures to ensure the timely release of enhancements to the EASEY system. The scope and nature of work remain unchanged, and only the volume of work is affected. This contract action will result in a modification to Contract No. 47QTCH18D0013, TO No. 68HERD23F0124 for a ceiling increase for Option Period One in a total amount of $124,477.67. The purpose of this justification is to satisfy the need to increase the ceiling of the subject TO. Proposed Contractor: Decisionpoint Corporation. 702 Russel Avenue, Suite 312 Gaithersburg, MD 20877 4. Exception To The Fair Opportunity Process And The Supporting Rationale: In accordance with FAR 16.S0S(b)(2(i))(C)) - The new work is a logical follow on to an original order, and the order was placed in accordance with the fair opportunity process and was not issued under sole source or limited sources procedures. Decisionpoint Corp. has been the incumbent for the subject TO for over a year. The incumbent has been developing, enhancing, and maintaining the EASEY system and now holds specialized knowledge with this system. Recompeting the additional labor hours for the enhancements would result in additional costs to the EPA for recompeting the TO, such as phase in/phase out training, and would disrupt the ongoing work to EASEY. Additionally, the incumbent is currently working in Option Period 1 with the Option Period 2 remaining on the subject TO. The EASEY system is currently implementing electronic reporting to the maximum extend possible under the Acid Rain Program and Cross State Air Pollution Rules. This type of system enhancement requires the proper identification and verification of users, validating electronic signatures, and storing copies of records. These requirements are being implemented with the EPA's Central Data Exchange (CDX) services. The work is currently in process and additional labor support is required to ensure a timely completion. The implementation of electronic reporting must go through Agency required testing and meet the standards of CROMERR and all federal and Agency IT security policies and directives. Testing is critical to ensure system stability and reliability upon release, and to ensure that system performance will be maintained during production. 5. Determination That The Anticipated Cost To The Government Will Be Fair And Reasonable: The labor rates on the current TO were determined to be fair and reasonable by the EPA Contracting Officer at the time of contract award. Since this contract TO was awarded utilizing GSA VETS, the GSA Contracting Officer determined all labor rates for this contractor to be fair and reasonable as well. While the scope and nature of work is not being changed, this modification will make changes to the labor categories and number of Time & Material (T&M) labor hours. Only labor rates and labor categories from the contractor's GSA VETS contract will be utilized for the increase in labor support with the ceiling increase. Therefore, prices are determined to be fair and reasonable in accordance with the contractor's GSA VETS labor rates. The Task Order Contracting Officer's Representative (TOCOR) deemed the quoted labor mix to be appropriate for this type of work. This modification will incorporate the following changes to labor categories on contract: The ceiling increase will increase the ceiling of Option Year One by $124,477.67, from $1,209,038.72 to $1,333,516.39. Therefore, the total ceiling of the contract is being increased from, $3,628,044.74, by $124,477.67, to $3,752,522.41- which is a 3.3% increase in the total value of the contract. 6. Other Facts Supporting The Justification For The Exception To The Fair Opportunity Process: None at this time. 7. Actions, If Any, The Agency Will Take To Remove Or Overcome Any Barriers That Led To Restricted Consideration Before Any Subsequent Acquisition For Supplies And Services Is Made: There are no barriers to competition. The increase in labor hours resulting in a ceiling increase to the EASEY TO is reasonable cost increase and effective time for the EPA, versus awarding the additional hours to a new vendor. The original TO award was competed via GSA as a small business set-aside, and fair opportunity was given at the time of TO award. 8. Ordering Activity Contracting Officer's Certification: The Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief as noted by their signature below. 9. PROJECT OFFICE CERTIFICATION: I hereby certify than any supporting data which forms the basis for this exception to fair opportunity is complete and accurate. JASON KUHNS Digitally signed by JASON KUHNS Date: 2025.04.11 07:59:38 -04'00' Jason Kuhns Date Task Order Contracting Officer's Representative Office of Air and Radiation I Office of Atmospheric Protection I Clean Air and Power Division (OAR/OAP/CAPD} Contract No. 47QTCH18D0013, TO No. 68HERD23F0124 REVIEWS AND APPROVALS 10. APPROVING OFFICIAL CERTIFICATION: The approving official certifies that this justification is accurate and complete in accordance with FAR 16.505(b}(2}(i}(C} as noted by their signature below. RECOMMENDED BY: Pradeepkumar Elayath, Contracting Specialist Date Development and Operations Section (DOS} Information Technology Infrastructure, Development, and Operations Branch (ITIDOB} Information Technology Acquisition Division (ITAD} REVIEWED BY: Kareen Mansfield, Contracting Officer Date Development and Operations Section (DOS} Information Technology Infrastructure, Development, and Operations Branch (ITIDOB} Information Technology Acquisition Division (ITAD} APPROVED BY: Darren Gann, Contracting Officer Date Section Manager/ Contracting Officer Development and Operations Section (DOS} Information Technology Infrastructure, Development, and Operations Branch (ITIDOB} Information Technology Acquisition Division (ITAD}