JEFO-2020-09.pdf

DEPARTMENT OF THE TREASURY

SF 1014 - JUSTIFICATION FOR AN EXCEPTION

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Treasury Standard Form – 1014 (Rev 5/18)

Prescribed by Treasury: DTAP 1016.505 Tracking No.

1. Identification of the requiring activity and the contracting activity:

The requiring activity is the Internal Revenue Service, Facilities Management & Security Services (FMSS), Building Management Section and the contracting activity is the Internal Revenue Service, Procurement, Office of Business Solutions Acquisition.

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

The purpose of this Justification for an Exception to Fair Opportunity is to obtain approval to award a Firm-Fixed price task order with Electronic Metrology Laboratory, LLC (Other than small business) 318 Seaboard Lane Ste 106, Franklin TN, 37067 for Building Maintenance and Operations services for the Atlanta Submission Processing Center (ATSPC) as described in section 3.a below. The need date for services is March 1, 2020. The period of performance will be for one-year Base Period, March 1, 2020 – February 28, 2021, and one-year Option Period March 1, 2021 – February 28, 2022.

2.b Name of the vendor. Electronic Metrology Laboratory, LLC 2.c Requisition No.:

2.d Bridge contract: ☐ Yes ☒ N o 2.e Brand name: ☐ Yes ☒ No 3.a A description of the supplies or services required to meet the agency’s needs:

The proposed acquisition is to acquire Operations and Maintenance, Custodial, and/or grounds Maintenance Services for the Atlanta Submission Processing Center (ATSPC). The Contractor shall be fully responsible for the operations, repairs, scheduled preventive maintenance and equipment certifications necessary to effectively operate and maintain all building equipment and systems installed in the referenced building. The contractor shall be required to operate the facilities during all emergency situations such as fires, accident and rescue operations, strikes, civil disturbances, natural disasters, and the like.

3.b Includes IT: ☐ Yes ☒ No If yes include NAICS and PSC 3.c IGCE/Estimated dollar value:

4.a Identification of the exception to fair opportunity being used:

□ FAR 16.505(b)(2)(i)(A) – The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

□ 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.

☒ FAR 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order

□ FAR 16.505(b)(2)(i)(D) – It is necessary to place an order to satisfy a minimum guarantee.

□ FAR 16.505(b)(2)(i)(E) – For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

□ FAR 16.505(a)(4) – The requirement is for an item peculiar to one manufacturer.

4.b Supporting rationale:

The current contract will expire as of February 29, 2020. There is not sufficient time to award a competitive acquisition and risk a lapse in service. Any disruption of Full Maintenance Services would result in serious harm to the equipment, facilities, tenants, and customers of

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Treasury Standard Form – 1014 (Rev 5/18) the federal government. GSA is in the process of conducting a competitive procurement for the operations and maintenance for the Atlanta facility.

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

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on a comparison of the proposed prices with the Independent Government Cost Estimate

(IGCE).

6.a Any other facts supporting this justification:

The Delegation agreement with GSA will be rescinded effective December 1, 2021 for GSA to take back the responsibility for operation and maintenance of the Federal Facility.

In the interim, a sole-source task order to the incumbent, utilizing the BIC BMO vehicle, is in the best interest for the government. Services were previously awarded September 1, 2014 as full and open competition under TIRSE-14-C-00002 to EML, LLC.

6.b Attachments: ☒ Yes ☐ No PWS attached

7. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies and services is made:

Not applicable, as described above, GSA will be responsible for the operation and maintenance of the ATSPC. As a result, approval of this sole source provides the Government the necessary time to transition to GSA.

8. Certifications and Approvals:

8.a Program Office Certification (Requiring Activity). I hereby certify that any supporting information and data provided (e.g., the Government’s minimum needs or requirements, or other rationale for the limited sources) and which form the basis for this justification for an exception to fair opportunity, are accurate and complete to the best of my knowledge and belief.

Name: Date: 02/24/2020

Signature:

8.b Contracting Officer Certification and Approval. I certify this justification for an exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve the processing of this requirement based on the authority specified in 4.a above.

Name: Machelle Robinson Date: 02/24/2020

Signature:

6. Additional Reviews and Approvals (As applicable):

9.b Advocate for Competition (if over $700,000, but not exceeding $13.5 million) (Contracting Activity). I have reviewed this justification for an exception to fair opportunity and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the ordering activity’s Advocate for competition, I hereby approve this justification based on the authority specified in 4.a above.

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Treasury Standard Form – 1014 (Rev 5/18)

Name: Date:

Signature: