Government Contracting - FAR Supplements - EPA - Environmental Protection Agency

FAR SUPPLEMENTS
------------------------
COMPLIMENTARY
WEBINAR SERIES
2022

FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
About Our Newsletters & Webinars
➢ WEBINARS – over 540+ on our YouTube channel and website
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About The FAR SUPPLEMENTS Webinar Series - 2022
➢ Complimentary
➢ Recorded (YouTube & JS Website)
➢ Wednesdays 12pm eastern
➢ Federal Acquisition Regulations covering Department procurement rules
➢ Speakers are SME and Govt Contracts Attorneys
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Webinar Wednesday - Schedule At A Glance
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1/12/22 – FAR
1/19/22 – FAR CAS
1/26/22 – DOD
2/2/22 – DPGI
2/9/22 – ARMY
2/16/22 – AIR FORCE
2/23/22 – DISA
3/2/22 – DLA
3/9/22 – USMC
3/16/22 - SPECIAL OPS
3/23/22 -TRANS COMMAND
3/30/22 – AGRICULTURE
4/6/22 – AIDAR
4/13/22 – DOC
4/20/22 – DOE
4/27/22 – DOI
5/4/22 – DOL
5/11/22 – DOS
5/18/22 – DOT (Treasury)
5/25/22 – DOEd
6/1/22 – EPA
6/8/22 – FEHB
6/15/22 – GSA
6/22/22 – HHS
6/29/22 – DHS
7/6/22 – HUD
7/13/22 – BBG
7/20/22 – DOJ
7/27/22 – OPM
8/3/22 – NASA
8/10/22 – NRC
8/17/22 – DOT (Transportation)
8/24/22 – VA

FRIDAY PLAYBOOKS - Schedule At A Glance
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1/12/22 – N/A
1/19/22 – N/A
1/28/22 – DOD
2/2/22 – N/A
2/11/22 – ARMY
2/18/22 – AIR FORCE
2/25/22 – DISA
3/4/22 – DLA
3/11/22 – USMC-NAVY
3/18/22 - SPECIAL OPS
3/25/22 -TRANS COMMAND
4/1/22 – AGRICULTURE
4/8/22 – AIDAR
4/15/22 – DOC
4/22/22 – DOE
4/29/22 – DOI
5/6/22 – DOL
5/13/22 – DOS
5/20/22 – DOT (Treasury)
5/27/22 – DOEd
6/3/22 – EPA
6/10/22 – FEHB
6/17/22 – GSA
6/24/22 – HHS
7/1/22 – DHS
7/8/22 – HUD
7/15/22 – BBG
7/22/22 – DOJ
7/29/22 – OPM
8/5/22 – NASA
8/12/22 – NRC
8/19/22 – DOT (Transportation)
8/26/22 – VA

Thank You To Our Sponsors:
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2022 – FAR SUPPLEMENT – EPAAR
Environmental Protection Agency
Date: Wednesday, June 1, 2022
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Environmental Protection Agency
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SPEAKER
INSERT YOUR
LOGO HERE
2022 – FAR SUPPLEMENT – EPAAR – Environmental Protection Agency
MEET OUR SPEAKER
Holly Roth
Polsinelli
hroth@polsinelli.com
202.626.8303
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Contracting with the EPA
A Beginner’s Primer
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EPA Headquarters
What they buy
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HQ – Office of Acquisition Solutions (OAS)
OAS plans, awards and administers contracts for EPA
Issues and interprets acquisition regulations
administers training for contracting and program acquisition personnel
provides service and oversight to regional procurement offices
provides information technology improvements for acquisition
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OAS Headquarters Offices
Air and Radiation (OAR)
Chemical Safety and Pollution Prevention (OCSPP)
Chief Financial Officer (OCFO)
Enforcement and Compliance Assurance (OECA)
General Counsel (OGC)
Inspector General (OIG)
International and Tribal Affairs (OITA)
Land and Emergency Management (OLEM)
Mission Support (OMS)
Research and Development (ORD)
Water (OW)
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What the HQ OAS Offices Do - OAR
OAR – develops national programs, policies, and regulations for controlling air pollution and radiation exposure.
OAR is concerned with pollution prevention and energy efficiency, indoor and outdoor air quality, industrial air
pollution, pollution from vehicles and engines, radon, acid rain, stratospheric ozone depletion, climate change, and
radiation protection.
OAR is responsible for administering the Clean Air Act, the Atomic Energy Act, the Waste Isolation Pilot Plant
Land Withdrawal Act, and other applicable environmental laws.
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What the HQ OAS Offices Do – OCSPP
OCSPP’s mission is to protect the public and the environment from potential risks from pesticides and toxic
chemicals. Through innovative partnerships and collaboration, we also work to prevent pollution before it begins.
This reduces waste, saves energy and natural resources, and leaves our homes, schools and workplaces cleaner
and safer.
OCSPP implements the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Federal Food, Drug and
Cosmetic Act (FFDCA),Toxic Substances Control Act (TSCA) and Pollution Prevention Act as well as portions of
other statutes.
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What the HQ OAS Offices Do – OCFO
OCFO formulates and manages EPA’s annual budget and performance plan, coordinates EPA’s strategic
planning efforts, develops EPA’s annual Performance and Accountability Report, and implements the Government
Performance and Results Act. The office leads agency enterprise risk management efforts by integrating it into
EPA planning and review processes. In addition, OCFO provides financial services for the Agency and makes
payments to EPA grant recipients, contractors, and other vendors.
The office also provides policy, reports, and oversight essential for the financial operations of EPA and has
responsibility for information technology planning, development, and deployment of financial and resources
management systems for the Agency. Finally, OCFO oversees the E-Enterprise for the Environment effort, a
model to simplify, streamline and modernize jointly the implementation of our environmental programs in
partnership with the states and tribes.
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What the HQ OAS Offices Do – OECA
OECA goes after pollution problems that impact American communities through civil and criminal enforcement.
OECA enforcement activities target the most serious water, air and chemical hazards.
OECA works with EPA regional offices, and in partnership with state and tribal governments, and other federal
agencies to enforce the nation’s environmental laws, including:
Clean Air Act (CAA)
Clean Water Act (CWA)
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Marine Protection, Research and Sanctuaries Act
National Environmental Policy Act (NEPA)
Oil Pollution Act (OPA)
Resource Conservation and Recovery Act (RCRA)
Safe Drinking Water Act (SDWA)
Toxic Substances Control Act (TSCA)
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What the HQ OAS Offices Do – OGC
OGC is the chief legal advisor to EPA which has the primary responsibility for implementing the nation’s environmental
laws. These laws include the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the Federal Insecticide,
Fungicide and Rodenticide Act, the Toxic Substances Control Act, the Resource Conservation and Recovery Act, and
the Comprehensive Environmental Response, Compensation and Liability Act (“Superfund”).
OGC lawyers provide legal counsel to EPA policy-makers, thus providing critical input to rules, regulations, and guidance
documents that are promulgated and issued to implement the Agency’s statutory obligations. In addition, OGC attorneys
provide assistance to Congress on national legislation affecting the environment, and address international law issues.
Working with EPA headquarters and regional offices, OGC attorneys also provide legal support for the issuance of
permits, and the approval of state environmental programs. OGC lawyers collaborate with the Office of Enforcement and
Compliance Assurance and regional attorneys and provide legal support for the initiation and litigation of enforcement
actions.
OGC, in conjunction with the DOJ’s Environment and Natural Resource Division, represent the EPA in court challenges
to agency actions, appeals of enforcement cases and Supreme Court litigation.
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What the HQ OAS Offices Do - OIG
OIG is an independent office within EPA that helps the agency protect the environment in a more efficient and cost
effective manner.
OIG consists of auditors, program analysts, investigators, and others with extensive expertise. Although the OIG is
a part of EPA, Congress provides the OIG with funding separate from the EPA, to ensure the OIG’s
independence. The OIG was created pursuant to the Inspector General Act of 1978, as amended.
OIG conducts independent audits, evaluations and investigations; makes evidence-based recommendations to
promote economy, efficiency and effectiveness; and prevent and detect fraud, waste, abuse, mismanagement and
misconduct for the U.S. Environmental Protection Agency and the U.S. Chemical Safety and Hazard Investigation
Board.
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What the HQ OAS Offices Do – OITA
OITA leads EPA’s international and tribal engagements, working across EPA’s programs and regions to develop
and implement policy and programs that protect U.S. public health and the environment.
Because pollution does not respect international boundaries, OITA works with other federal agencies and
international organizations and individual countries to address bilateral, regional, and global environmental
challenges and advance U.S. foreign policy objectives.
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What the HQ OAS Offices Do – OLEM
OLEM provides policy, guidance and direction for the EPA’s emergency response and waste programs. OLEM:
• Develop guidelines for the land disposal of hazardous waste and underground storage tanks;
• Provide grants, technical assistance, and education and outreach to all levels of government to establish safe
waste management practices, including waste prevention, reuse, recycling and disposal;
• Support state and local governments in redeveloping and reusing potentially contaminated sites through the
Brownfields program;
• Respond to abandoned and active hazardous waste sites, as well as accidental chemical releases through the
Superfund program; and
• Encourage innovative technologies to address contaminated soil and groundwater.
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What the HQ OAS Offices Do – OMS
OMS leads the EPA’s core mission support functions to improve efficiency, coordination, and customer experience
for internal customers, stakeholders, and the public, including protection of EPA's facilities and other critical assets
nationwide, acquisition activities (contracts), grants management, human capital, information technology, and
information management activities.
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What the HQ OAS Offices Do – ORD
ORD is the scientific research arm of EPA. ORD’s research informs EPA’s decisions and supports the emerging
needs of EPA stakeholders, including the EPA’s state, tribal, and community partners.
ORD conducts the research for EPA that provides the foundation for credible decision-making to safeguard human
health and ecosystems from environmental pollutants. ORD's work is organized into six research programs that
identify the most pressing environmental health research needs with input from EPA’s offices, partners, and
stakeholders.
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What the HQ OAS Offices Do – OW
OW ensures drinking water is safe, and restores and maintains oceans, watersheds, and their aquatic ecosystems to
protect human health, support economic and recreational activities, and provide healthy habitat for fish, plants and
wildlife.
OW is responsible for implementing the Clean Water Act and Safe Drinking Water Act, and portions of the Coastal Zone
Act Reauthorization Amendments of 1990, Resource Conservation and Recovery Act, Ocean Dumping Ban Act, Marine
Protection, Research and Sanctuaries Act, Shore Protection Act, Marine Plastics Pollution Research and Control Act,
London Dumping Convention, the International Convention for the Prevention of Pollution from Ships and several other
statutes.
OW works with the ten EPA regional offices, other federal agencies, state and local governments, American Indian
tribes, the regulated community, organized professional and interest groups, land owners and managers, and the public-
at-large. OW provides guidance, specifies scientific methods and data collection requirements, performs oversight and
facilitates communication among those involved. OW helps the states and American Indian tribes to build capacity, and
water programs can be delegated to them for implementation.
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EPA - What Are “Mission Support Acquisitions”?
“Mission Support Acquisitions” are defined as work that directly supports the core mission of the program office
such as:
regulation development,
• permitting, sampling,
• on-site laboratory support,
• research and development activities,
• etc.
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EPA – What is the “Remedial Acquisition Framework”?
The Remedial Acquisition Framework (RAF) – EPA’s approach for acquiring national services (contracts) to
support EPA’s Superfund Remedial Program.
• Design and Engineering Services (DES) – Architecture and engineering professional services from
investigation through design.
• Remediation Environmental Services (RES) – Remedial cleanup services including construction.
• Environmental Services and Operations (ESO) – Remedial cleanup operation and oversight.
• RAF contracts have a base period of performance of 5 years with 5 1-year option periods where task orders are
competed among the Region-specific awardees.
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What Does OAS Buy & Who Buys It?
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EPA’s 10 Regions
and their geographic scope
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EPA’s 10 Regions
• Region 1 – Boston (CT, ME, MA, NH, RI & VT)
• Region 2 – New York City (NJ, NY, PR, USVI and 8 federally recognized tribes)
• Region 3 – Philadelphia (DE, DC, MD, PA, VA, WV and 7 federally recognized tribes)
• Region 4 – Atlanta (AL, FL, GA, KY, MS, NC, SC and TN)
• Region 5 – Chicago (IL. IN, MI, MN, OH, WI and 35 Tribal Nations)
• Region 6 – Dallas (AR, LA, NM, OK, TX and 66 Tribal Nations)
• Region 7 – Kansas City (IA, KS, MO, NE and 9 Tribal Nations)
• Region 8 – Denver (CO, MT, ND, SD, UT, WY and 28 Tribal Nations)
• Region 9 – San Francisco (AZ, CA, HI, NV, American Samoa, Commonwealth of the Northern Mariana Islands,
Federated States of Micronesia, Guam, Marshall Islands, Republic of Palau and 148 Tribal Nations)
• Region 10 – Seattle (AK, ID, OR, WA and 271 Tribal Nations)
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Regional Leadership and Organizational Responsibilities
• Office of the Regional Administrator
• Air and Radiation Division
• Enforcement and Compliance Assurance Division
• Laboratory Services and Applied Science Division
• Land, Chemicals and Redevelopment Division
• Mission Support Division
• Superfund and Emergency Management Division
• Water Division
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Regional Offices’ Region-Specific Programs/Divisions
‘
• Caribbean Environmental Protection Division – Region 2
• Chesapeake Bay Program – Region 3
• Gulf of Mexico – Region 4
• Great Lakes National Program – Region 5
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Where Does the EPA Advertise Its Business Opportunities?
Not necessarily in the usual place
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Where to Find EPA Business Opportunities
Unison Marketplace (https://www.unisonglobal.com/product-suites/acquisition/marketplace/)
EPA is using reverse auction for many of its simple product purchases under $250,000 through a pilot program
referred to as the Simplified Need Acquisition Program (“SNAP”).
EPA procures lab supplies and equipment, some IT hardware and software, and more through SNAP.
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Where to Find EPA Business Opportunities
FedConnect (https://www.fedconnect.net/FedConnect/Default.htm)
• EPA’s website states that all procurement actions listed after March 12, 2014 are only available on
FedConnect.
SAM.gov (www.sam.gov)
SNAP
Notices
Award
Pre-Solicitation
Sources Sought
Sole Source
Some Solicitations
GSA’s EBuy
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EPA Acquisition Forecast Database
Current Opportunities, Awarded Contracts and Canceled Procurements
(https://ordspub.epa.gov/ords/forecast/f?p=122:1:10699779356813:::::)
• By Record Number
• By End User or Region
• By Procurement Office
• By Dollar Range
• By NAICS Code
• By Solicitation Issue Date
• By Target Award Date
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What to Know
Contract Ts & Cs dependent on type of contract and EPA office issuing the contract.
• Example: Emergency Response Contract
Responsible Office: Land and Emergency Management (OLEM)
Possible Range of Services Required: Oil Spills to Asian Carp
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What to Know
READ THE SOLICITATION – don’t assume an EPAAR is a FAR is a DFAR, etc. – and UNDERSTAND
• Technical Requirements
• Standard Business Practices
• Current market for supplies or services required
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What to Know
EPARS to Know:
• 1552.209-71, Organizational conflicts of interest
• 1552.209-72, Conflict of Interest Certification
• 1552.209-73, Notification of Conflicts of Interest Regarding Personnel
• 1552.209-74, Limitation on Future Contracting (RAC)
• EPA and Contractor agree that the Contractor is restricted in future contracting where
• Contractor developed SOW
• Contractor not able to enter into a contract with another party with respect to
• CERCL activities were Contractor worked
• Work that may jeopardize CERCLA enforcement activities where Contractor worked
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What to Know
• EPARS to Know:
• 1552.209-74, Limitation on Future Contracting (RAC)
• EPA and Contractor agree that the Contractor is restricted in future contracting where
• Contractor developed SOW
• Contractor not able to enter into a contract with another party with respect to
• CERCL activities were Contractor worked
• Work that may jeopardize CERCLA enforcement activities where Contractor worked
• Contractor ineligible to enter into EPA contract or subcontract which supports EPA’s performance of Superfund
Headquarter’s policy work
• Clause must be flowed down to all subcontracts except for those for nondiscretionary technical or engineering
studies
• ALT I (ERRS), ALT II (START), ALT III (ESAT), ALT IV (ESS), ALT V (Headquarters Support) aand ALT VI (Site
Specific) contain analogous restrictions
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What to Know
There are a lot of technical disciplines EPA requires:
• Environmental Laws and Regulations
• State Laws and Regulations and how to work with State Government
• How the Stafford Act applies
• Be knowledgeable about Davis Bacon
READ RFPs CAREFULLY – they can contain mistakes that can and should be corrected prior to proposal
submission
LOFC clause can go both was
• prevent a contractor working at Headquarters from working for the Regions
• prevent a contractor working for a Region from working for Headquarters.
Contractors must have policies and procedures in place to not exclude themselves from future EPA contracting
opportunities.
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SPEAKER
INSERT YOUR
LOGO HERE
THANK YOU TO OUR SPEAKER
Holly Roth
Polsinelli
hroth@polsinelli.com
202.626.8303
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THANK YOU FOR ATTENDING!
FAR SUPPLEMENTS
FEDERAL ACQUISITION
REGULATIONS
-------------------
PLEA SE FIN D TH E R EC OR D IN G
ON OU R W EB SITE A N D YOU TU B E C H A N N EL.
PPTS A R E ON SLID ESH A R E.N ET
HELLO@JENNIFERSCHAUS.COM

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