--Notice of Increase to Contract Ceilings

This justification for other than full and open competition (JOFOC) is provided by the U.S. Environmental Protection Agency (EPA) Office of Acquisition Management on behalf of the EPA Office of Compliance (OC). The ceilings have been increased for the current two-year contract period of contract EP-W-11-044 with Eastern Research Group, Inc. (ERG) ? a cost-reimbursement Work Assignment contract which provides technical, analytical, and enforcement support for the OC. The level of effort ceiling has been increased by 5,746 hours to a new total of 32,503 hours; and the total estimated cost ceiling has been increased by $611,571 to a new total of $3,167,080. The need for this increase in effort was primarily driven by a much greater than anticipated need for support under Work Assignment 1-1 which provides for the modernization of EPA?s ECHO and OTIS websites. The original estimate of required effort by the OC for the work that came to be provided under the discussed Work Assignment was done in 2009 during the solicitation planning phase for the current contract. At that time, it was not clear that the ECHO and OTIS modernization efforts would be accorded the high level of priority that ensued. Moreover, the award of the contract was delayed for approximately 18 months as a result of a protest. By the time that the modernization efforts were well underway during the current period (Option Period One), it had become clear that OC had significantly underestimated the required level of effort. Therefore, the contract ceilings had to be increased to allow contractor support to continue. The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) in accordance with Federal Acquisition Regulation (FAR) 6.302-1: only one responsible source and no other services will satisfy agency requirements. The cease of support under the 14 active Work Assignments that would have resulted without the increase to the level of effort ceiling would have had a severe negative impact on the OC?s mission. To solicit new contract support for the ongoing work being performed under the current Work Assignments would have been impractical as it would have resulted in the suspension of critical ongoing activities and, in addition, would have caused the agency significant administrative and financial burden. Therefore, ERG was the only source available to perform the ongoing contract requirements. The total cost and fixed fee proposed for the discussed additional level of effort were in accordance with the existing contract billing rates which were deemed fair and reasonable by the Contracting Officer at the time of award. The indirect costs portion of ERG?s proposal was in accordance with the current agency approved indirect cost rates. Thus, the costs for the increased level of effort were determined to be fair and reasonable. Market research was not conducted for increasing the contract ceilings as performing such was not applicable to the given scenario. The agency will not take any measures to remove barriers to competition through the maximum expiration date of the contract because such action would be impractical as discussed in the foregoing. However, it is anticipated that a successor to the current contract will be awarded using full and open competition. Contracting Officer Certification: This is to certify that his JOFOC has been reviewed and that, to the best of my knowledge and belief, the information provided to support the rationale and recommendation for approval is accurate and complete. Michael Gilham [Electronic signature of physical document] 3/2/15 Contracting Officer, Office of Acquisition Management Technical or Requirements Personnel Certification: This is to certify that the provided supporting information which is the responsibility of the undersigned program representative is accurate and complete. Michael Richardson, [Electronic signature of physical document] 3/2/15 Contracting Officer?s Representative, OC