016_-_JFOC_iDesign_1.pdf

PR Number: PR-OMS-24-01292

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Upon the basis of the following justification, I, as Contracting Officer, hereby approve this exception to the fair opportunity process required by FAR 16.505(b)(2)(i)(C) as implemented by FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

1. Identification of the agency and the contracting activity.

The U. S. Environmental Protection Agency’s Office of Acquisition Management is processing the requirement. The contracting office is the Cincinnati Acquisition Division located in Cincinnati, OH.

2. Nature and/or description of the action being approved.

Conceptual design services for the replacement of mechanical systems at EPA’s Kerr Environmental Research Center (ERC) located in Ada, Oklahoma. The action being approved is for a firm fixed price task order requiring a statement of work for iDesign Solutions, LLC through the A/E Regions 5-10 IDIQ contract for Conceptual design services for the replacement of mechanical systems.

3. A complete description of the supplies and/or services required to meet the agency’s needs, including the estimated value.

Design phase services for Laboratory Consolidation at the Robert S. Kerr Environmental Research Center US EPA facility. The A/E will provide conceptual design services for the replacement of mechanical systems at EPA’s Kerr Environmental Research Center (ERC) located in Ada, Oklahoma. Design IDIQ duration is 10 years. The estimated construction cost for phased construction phase services is estimated at $45M.

4. An identification of the exception to the fair opportunity process and the supporting rationale, including a demonstration of the contractor’s unique qualifications to provide the required supply or service.

FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. This one awardee is iDesign. This firm identified for this action has been intimately involved with the development of current design, specification and program of requirements documents for demolition, phase 1 through 3 for laboratory consolidation and will perform the design phase services on the project.

The utilization of a different A/E firm would likely need engineering support and additional lead time to become familiar with the status of the design work as well as existing site conditions. A different firm would also be forced to interpret the various elements of the intent of the study and subsequent design to respond to questions raised by the contractor during design. This would result in a longer timeline for the completion of the project which is unacceptable.

As the continuation of design oversight, for the necessary laboratory consolidation, and consistency of the known consolidation requirements, it is in the best interest of the Government to award this follow-on task order to iDesign.

5. A determination that the anticipated cost to the government will be fair and reasonable.

The contracting officer determines that the anticipated price will be fair and reasonable based on the fact that this task order will be issued under an Indefinite Delivery/ Indefinite Quantity contract with hourly labor rates that were negotiated at the time of contract award. In addition, the A/E firm has submitted pricing for past professional services under prior contracts that were determined to be fair and reasonable.

6. Any other facts supporting the justification for the exception to the fair opportunity process.

N/A

7. A statement of the 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.

It is the best value to the Government to conduct with one A/E firm, as much as possible, the planning, design, and design phase services and oversight of the Laboratory Consolidation serving the Robert S. Kerr Environmental Research Center US EPA Facility. Once construction for demolition, phase 1, 2 and 2 and mechanical is complete, barriers to considering other firms for future work will be removed.

Additionally, future A/E work associated with this located will be competed between all A/E ID/IQ contract holders.

8. The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

Certification

Project Officer/COR:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Atif Khan Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief. The circumstance cited in FAR 16.505(b)(2)(i)(B) applies to this order.

Mark Ingram

___________________________ 09/06/2024_____________ Mark Ingram Date

09/06/2024