Justification_for_Exception_3_23_16.docx

PR Number: __PR-OARM-16-00374, EP-C-12-026 Task Order 09__

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)(ii)(B) as implemented by FAR 16.505(b)(2)(i)(B) – only one source is capable of responding due to the unique or specialized nature of the work.

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 Procurement Operations Division located in Cincinnati, OH.

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

The action being approved is for a firm fixed price task order (TO # 0009) to be issued under an existing Indefinite Delivery / Indefinite Quantity A-E services contract (EP-C-12-026 Farnsworth Group) requiring a statement of work.

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

The services being provided are for providing commissioning services for the laboratory renovations to the Western Ecology Division’s main laboratory facility. The estimated cost for the services is $198,000.00, and the services will extend the entire length of the construction contract, with a completion date of February 2017.

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 source is capable of responding due to the unique or specialized nature of the work. The A/E identified for this action has specialized capabilities and expertise because the firm has been intimately involved with the planning and design of Phase 1A of the Western Ecology Division’s (WED’s) multi-phased laboratory renovations. The firm is now providing follow-on services for the construction of the first phase of the modernization and is thus uniquely qualified to provide the required commissioning services. No other firm has this capability to respond in the time frame required for the action.

Commissioning services for Phase 1A are needed immediately so that construction of Phase 1A is not delayed.

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 this contract 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, construction follow-on services and commissioning service oversight of the several phases of this multi-phased laboratory renovation which is being constructed by one construction firm under an IDIQ contract. It is also necessary to maintain continuity and integrity in providing the commissioning services and in tracking the LEED certification process for the phases of this multi-phased laboratory renovation and modernization project by using one firm for all phases.

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.

Signature: Lance Swanhorst 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. Since this effort does exceed $150K but not $700K this certification serves as review.

Team Leader:

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. Since this effort does exceed $150K but not $700K this certification serves as approval.