R--Implementation of the PWSS and UIC Programs

Notice ID:

68HERC22R0007

Department/Ind. Agency:

ENVIRONMENTAL PROTECTION AGENCY

Sub-tier:

ENVIRONMENTAL PROTECTION AGENCY

Sub Command:

CINCINNATI ACQUISITION DIV (CAD)

Office:

CINCINNATI ACQUISITION DIV (CAD)

All Dates/Times are:

(UTC-04:00) EASTERN STANDARD TIME, NEW YORK, USA

Updated Published Date:

(UTC-04:00) EASTERN STANDARD TIME, NEW YORK, USA

Original Published Date:

2021-10-13 13:53:00

Original Response Date:

Oct 28, 2021 05:00 pm EDT

Inactive Policy:

Manual

Original Inactive Date:

Nov 02, 2021

Initiative:

• None***--***

Product Service Code:

R425 - SUPPORT- PROFESSIONAL: ENGINEERING/TECHNICAL

NAICS Code:

541620 - Environmental Consulting Services

Original Set Aside:

"Implementation of the Public Water System Supervision (PWSS) And Underground Injection Control (UIC) Programs" THIS IS A SOURCES SOUGHT SYNOPSIS FOR WRITTEN INFORMATION ONLY. THIS IS NOT A SOLICITATION ANNOUNCEMENT FOR PROPOSALS AND NO CONTRACT WILL BE AWARDED FROM THIS ANNOUNCEMENT. NO REIMBURSEMENT WILL BE MADE FOR ANY COSTS ASSOCIATED WITH PROVIDING INFORMATION IN RESPONSE TO THIS ANNOUNCEMENT AND ANY FOLLOW-UP REQUESTS. NO TELEPHONE CALLS REQUESTING A SOLICITATION WILL BE ACCEPTED OR ACKNOWLEDGED. The United States Environmental Protection Agency (EPA) is performing market research for large and small businesses in preparation for a future procurement. The United States Environmental Protection Agency (EPA) has a requirement to provide technical support for the implementation of the Safe Drinking Water Act (SDWA). The SDWA mandates that the EPA establish national drinking water standards for public water systems to assure water supplied to the public is safe to drink. These standards are implemented through the Public Water System Supervision (PWSS) Program. The SDWA also requires the EPA to establish and implement regulations for the Underground Injection Control (UIC) Program to safeguard underground sources of drinking water from the subsurface emplacement of fluids. The Act envisions joint federal/state programs to assure compliance with these regulatory requirements. Congress intends that the states take a leading role in the primary enforcement responsibility (primacy) for both programs. The EPA requires contract support to assist its efforts in developing and implementing regulations, conducting oversight, and carrying out other SDWA implementation activities. To be considered a potential source, a firm must demonstrate that it is able to provide the necessary personnel and services to support the effort delineated by the attached draft Performance Work Statement (PWS) ¿ specifically tasks 1 ¿ 8. It is anticipated that a contract that should result from a solicitation will be an indefinite delivery/indefinite quantity (ID/IQ) contract with both Firm Fixed Price (FFP) and Cost-Plus-Fixed-Fee (CPFF) task orders with an ordering period of 5 years. The majority of the task orders are anticipated to be cost plus fixed fee. The applicable NAICS code is 541620 with a size standard of $16.5 million in average annual receipts. The total level of effort of approximately 800,000 hours is anticipated over the five-year period of the contract. Any interested party should anticipate a CPFF proposal with any resultant solicitation. Please note that an approved accounting system is a requirement to receive a CPFF type of contract. Based on the nature of the performance work statement requirements, it is anticipated that offerors with the expertise to perform these requirements could also have relationships (e.g., a parent/subsidiary/sister company affiliation, or an existing contractual relationship) which present the potential for significant organizational conflicts of interest. It is EPA¿s contention that a potential organizational COI may exist if award were to be made to firms within the following groups or to firms that have significant business or financial relationships with these firms: 1. Entities that own, operate, or invest in waste management/waste disposal firms. Waste management/waste disposal firms are subject to EPA regulations, and work performed by these types of firms under any resultant contract could affect the particular regulations that apply to these firms. An OCOI could exist for firms that are members of this regulated sector of industry if they concurrently provided contractual support to the EPA in the implementation of the PWSS and UIC program activities. This scenario will be monitored at pre-award and at post-award with issuance of each work assignment, in conjunction with the contractor¿s COI certification. 2. Third party standard setting organizations. The EPA drinking water program is involved in developing health-based standards for public water supplies, as well as guidance. Such standard and guidance may be issued to address specific testing procedures, protocols, and/or sampling regimes. Often public stakeholder groups or third party standard setting organizations provide direct input into the EPA¿s development of drinking water regulations and guidance. OCOI may exist with members of these groups who favor a third-party, independent approach to setting standards over governmental regulation and/or governmental guidance to address public health issues associated with drinking water. This scenario will be monitored at pre--award and at post-award with issuance of each work assignment, in conjunction with the contractor¿s COI certification. 3. Entities that manufacture Point-of-Use/Point-of-Entry treatment devices. A potential conflict of interest may arise for manufacturers of point-of-use/point-of-entry devices due to their inherent financial interest in the regulations and regulatory implementation guidance that will be developed with the technical support of the contractor. Point-of-use/point-of-entry manufacturers benefit from publicity about contamination in drinking water, whether real or imaginary, and they have an interest in undermining confidence in public water supplies. Any increase in noncompliance with regulations is likely to benefit point-of-use/point-of-entry device manufacturers. Also, point-of-use/point-of-entry devices are potentially an acceptable treatment technology under certain conditions (e.g., for very small public water systems). Thus, there exists the potential for contractor bias in estimates, analyses, and other activities favoring regulatory decisions or regulatory implementation guidance that would increase the market for point-of-use/point-of-entry devices. This scenario will be monitored at pre-award and at post-award with issuance of each work assignment, in conjunction with the contractor¿s COI certification. 4. Entities that manufacture or sell water treatment equipment or chemicals. Water treatment equipment and chemicals are used to remove contaminants from drinking water to bring the water into compliance with drinking water standards. Therefore, a potential OCOI may exist with respect to the recommendations of manufacturers or suppliers of water treatment equipment and chemicals to EPA concerning the best available technology for removing drinking water contaminants. This scenario will be monitored at pre-award and at post-award with issuance of each work assignment, in conjunction with the contractor¿s COI certification. 5. Entities that produce and distribute bottled water for sale. Even though bottled water is generally not acceptable as a permanent means of meeting drinking water standards, it could be considered an emergency or interim measure to prevent unreasonable risk during the period between regulatory violation and compliance through other means. Bottled water manufacturers may have an interest in seeing more stringent regulations so more water systems would be out of compliance, which could result in more people turning to bottled water as an alternative. This scenario will be monitored at pre-award and at post--award with issuance of each work assignment, in conjunction with the contractor¿s COI certification. 6. Entities that own or operate community water systems. These entities represent the regulated community under the SDWA. A potential OCOI may exist with this group of offerors providing regulatory and implementation support services for the implementation of PWSS and UIC programs. These entities may be hesitant to formulate or provide guidance concerning extra precautions and procedures required for community water system operations, if that extra effort increases the operating costs of systems in which they have vested interests. This scenario will be monitored at pre-award and post-award with issuance of each work assignment, in conjunction with the contractor¿s COI certification. 7. Entities that own or operate Underground Injection Control (UIC) wells. A potential OCOI may arise with respect to offerors that own or operate UIC wells because they are part of the regulated community. As regulated entities, owners and operators of UIC¿s could be tasked to evaluate/investigate UIC wells against the existing regulations; they could potentially be biased in their evaluations by being less or more stringent, based on which UIC wells were being evaluated. This scenario will monitored at pre-award and post-award with issuance of each work assignment, in conjunction with the contractor¿s COI certification. It is contemplated that work affecting these industries shall be performed under the resulting contract. Therefore, if award were made to any of the entities and/or individuals listed above or to entities that have significant business or financial relationships with them, a conflicting role may exist. Such conflicting roles may make it difficult for the entity and/or individual to render impartial or unbiased support because it or its clients may be directly impacted by work performed under the contract related to the: Clean Water Act (CWA), Safe Drinking Water Act (SDWA), the Clean Air Act (CAA), the Resource Recovery and Conservation Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and other relevant EPA statutes and executive orders. Interested parties with the capability of providing the services described in the draft PWS are invited to submit a ten (10) page document, in writing, sufficient to clearly demonstrates their ability to provide the services described in the draft PWS, including personnel, experience and qualifications. A description of similar services previously or current shall be provided. The information should include: size status for the above referenced NAICS code, (i.e. large, small); whether the firm is a certified Hubzone, 8(a), women-owned, small disadvantaged and/or service disabled veteran-owned small business concern; point of contact; telephone number; email address, and interest in proposing on the solicitation when issued. Standard company brochures will not be considered as a sufficient response to this Sources Sought Synopsis. The EPA reserves the right to set this action aside for small businesses if it determines that there are two or more small businesses able to compete in terms of market prices, quality, and delivery. If set aside, a small business would be required to comply with FAR 52.219-14. Capabilities Statements in response to this Sources Sought Synopsis MUST BE SUBMITTED THROUGH THE FEDCONNECT PORTAL MESSAGE CENTER by 5:00 p.m. EST, on October 28, 2021, 2020. Any questions regarding the content of this Sources Sought Synopsis announcement must be submitted through the FedConnect portal. You must register with FedConnect to submit documents, questions, and to view responses. FedConnect can be accessed at https://www.fedconnect.net/Fedconnect/. FedConnect is a web portal that connects agencies and vendors to streamline the process of doing business with the federal government. Through FedConnect contractors will be able to receive, review and respond to contract pre- and post-award actions and documents such as correspondence, request for proposals, tasking instruments and contract modifications. The use of FedConnect also furthers the EPA's commitment to moving towards a paperless acquisition environment by reducing its carbon footprint and conducting its business in an ecologically friendly manner. There is no charge to use FedConnect. Vendors can register with FedConnect at www.fedconnect.net/FedConnect/. For assistance in registering or for other FedConnect technical questions please call the FedConnect Help Desk at (800) 899-6665 or email at support@fedconnect.net. In addition, all vendors must be registered in the System for Award Management (SAM), as this facilitates registration for FedConnect. Please note that vendors MUST have their SAM profile set to ¿public,¿ otherwise FedConnect will not be able to access the SAM information required to validate vendor credentials. Registration may be completed and information regarding the registration process may be obtained at http://beta.sam.gov. There is no charge for registration in SAM. A separate synopsis will be issued for any Request for Proposal (RFP) resulting from this Sources Sought Synopsis.

26 WEST MARTIN LUTHER KING DRIVE

CINCINNATI , OH 45268

USA

Primary Point of Contacts:

Charlton, Candice