(Signed) EPSS - 13.5 Sole Source Justification 1.pdf

Justification for Sole-Source Award

Purpose: This memorandum serves at the National Institutes of Health’s (NIH), Office of Research Facilities (ORF), Office of Acquisitions justification for other than full and open competition for the acquisition of six months for Maintenance and Repair Services for NIH’s Emergency Power Supply System (EPSS). The Following information in support of this decision is in accordance with the information called for in FAR 13.501 and cites the authority for this action from 41 U.S.C.3305 as stated in FAR 13.500.

(1) This Justification for the sole source is being prepared by the Office of Acquisitions for the Office of Research Facilities at NIH.

(2) There is currently an Urgent and Compelling need for the continuation of services for EPSS system at NIH. However, due to the implementation of new contracts, the scope of work has been significantly changed during the recompete period for a new contract for EPSS Maintenance and Repair Services. Because of the need to properly assess and incorporate these scope changes, there is not sufficient time remaining to complete the follow-on contract without causing a break in service. In order to properly incorporate and asses the effects of these changes on future contracts, and to evaluate and assess the effects on potential contractors and the government. Therefore, a six-month contract is required to prevent a disruption in service while the scope changes are properly assessed and incorporated into a new competitive solicitation and award for EPSS Maintenance. This will ensure proper implementation of these changes, allow time to asses effects on small businesses, and help mitigate risk to the government.

(3) This contract will be for the maintenance and repairs of EPSS system components including generators and associated fuel tanks. For the six-month period, the total estimated value for these services will be $699,870.00.

(4) The statutory authority permitting this action is 41 U.S.C.3304 (a) (2) and 41 U.S.C. 3305.

(5) The proposed contractor Advanced Equipment MSR, is uniquely positioned for the award of a six-month contract due to their performance as a Prime contract, and current position as the subcontractor for these services. Since Advanced Equipment is already mobilized and has in-depth knowledge of the work to be performed, they are uniquely positioned to full-fill the government’s short-term needs. No other parties could possibly compete in price and performance in such a short period of time. This is due to mobilization cost, and the time needed to become adequately familiar with NIH’s facilities.

(6) This will be a sole source award due to the urgency of the requirement. A notice will be publicized in accordance with subpart 13.501 (a) (iii).

(7) The anticipated cost to the Government will be deemed fair and reasonable prior to award as called for by the procedures set-forth in FAR 13.106-3. The historical prices paid will be utilized to help determine fair and reasonableness.

(8) No market research was performed for the changed scope or for a short-term award. However, market research was conducted for the award of a long-term contract based on the original scope. This market research identified potential vendors interest in the award of a long-term contract with a larger scope of work, and there for did not account for a significant reduction.

(9) The award of a short-term contract to Advanced Equipment is necessary due to their unique position to fulfill the government’s needs. Not awarding a short-term contract will cause a disruption in service that would cause significant harm to the Government in the event of a failure in the EPSS system due to potential loss of research and patient care capabilities.

(10) Additional sources prior to the change in scope were identified through market research.

However, responses and interest were for the award of a long-term contract. Given the sudden changes, no other contractors are identifiable for the issuance of a short-term contract.

(11) The same type of services will be procured using full and open competition at the end of this six-month contract after the scope changes have been fully assessed and incorporated.

Technical/program office personnel certification that data supplied to support their recommendation is accurate and complete

Program Office/COR Title

The Contracting Officer herby certifies that all the provided information is accurate and complete to the best of the contracting officer’s knowledge and beliefs.

Jessica N. Miller Contracting Officer