1333ND19PNB150698 P24009 JOFOC Option to Extend Services Final Signed 2024 09 04.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PURCHASE REQUEST NO. NB193000-24-01482

(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition.

U.S. Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division (AMD)

(2) Nature and/or Description of the Action Being Approved.

Approval is requested to noncompetitively modify Contract No. 1333ND19PNB150698 (“the contract”) with Optimum Low Voltage LLC of Wilmington, North Carolina by extending the period of performance by 6 months. The contract allows NIST to properly maintain mission-critical fire suppression and alarm systems that support services for the Gaithersburg, Maryland campus, thus protecting lives, properties, and mission-critical activities.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value)

The Contractor shall continue to provide support consisting of maintaining mission-critical fire suppression and alarm systems that support services for the Gaithersburg Campus.

The services include:

a. Inspection, testing, and maintenance of the Simplex Fire Alarm system per NFPA 72.

b. Inspection, testing, and maintenance of the Aspirating Smoke Detection systems per NFPA

c. Inspection, testing, and maintenance of the Fire Suppression systems (including wet, dry, and pre-action) per NFPA 25.

d. Inspection, testing, and maintenance of the Fire Pumps per NFPA 25.

e. Inspection, testing, and maintenance of the Clean Agent systems per NFPA 2001.

f. Inspection, testing, and maintenance of the Carbon Dioxide systems per NPFA 12.

g. Inspection, testing, and maintenance of Explosion Prevention and Control systems per NFPA

68 and NFPA 69.

h. Inspection, testing, and maintenance of Commercial Cooking Suppression systems per

NFPA 96.

i. Emergency repair and troubleshooting services.

Scheduling of work visits to perform required activities shall be coordinated and scheduled in accordance with research plans, NIST Office of Facilities and Property Management's outage schedules, and any construction activities. Inspection, testing, and maintenance activities may be required to occur outside of normal business hours.

The estimated value of this modification is $189,500.00.

(4) An identification of the statutory authority permitting other than full and open competition.

41 U.S.C.3301), as implemented by FAR Subpart 6.302-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires the use of the authority cited.

The contract expires on September 10, 2024. The contracting officer, in preparing to exercise an option under FAR Clause 52.217-8, Option to Extend Services, to extend the contract for 6 months, determined that the value of that option was not evaluated as part of the award decision.

Any lapse in services presents an unacceptable risk to NIST, and while NIST intends to reprocure the required services, there is a potential lapse in service between when the current contract expires and when a new contract can be awarded. That presents an unacceptable safety risk. Continued performance of the services described in Section 3 above is vital to protect the safety of personnel and to protect property on the NIST campus until a new contract can be awarded to replace the instant contract. Accordingly, the contracting officer determined that a noncompetitive modification to the contract is appropriate and necessary.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart

5.2 and, if not, which exception under 5.202 applies.

See narrative in Sections 2 and 5 above. No additional offers will be required as part of this 6-month acquisition. See also information in Section 11 below for the follow-on acquisition.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will only award the modification if they determine the price to be fair and reasonable. They will rely on historical data, reasonably available commercial pricing information, and their professional judgment to make that determination.

(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

No market research was conducted for this modification. See information in Section 6 above for supporting rationale.

(9) Any Other Facts Supporting the Use of Other Than Full and Open Brand Name Competition.

None

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

As noted previously, NIST intends to conduct a competitive acquisition to replace this contract.

(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Tony Schmidt, Contracting Officer

Technical/Requirements Personnel Certification

Haider, Salih, Contracting Officer's Representative