JOFOC_1.docx

May 13, 2020

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Strategic Planning and Management Services

The following justification is in accordance with FAR 6.302-1 only one responsible source and no other services or supplies will satisfy agency requirements.

Identification Number (requisition/solicitation number): PR-OMS-20-00983/ 68HERC20R0117

1. Identification of the agency and contracting activity:

The United States Environmental Protection Agency (US EPA), Office of Mission Support, Office of Administration, Real Property Services Division (RPSD).

The US EPA, Office of Mission Support, Office of Acquisition Solutions (OAS), Cincinnati Acquisition Division (CAD)

2. The nature and/or description of the action being approved ( i.e., sole source, limited competition, establishment of new sources, etc).

This requirement will be a bridge contract with Metropolitan Architects and Planners (MAP). MAP is the current contractor providing this support under Contract number EP-W-15-009 for a wide range of space planning and design services for projects at Headquarters in Washington, DC as well as the nationwide regional offices. The current contract expires September 2, 2020. This is a time and materials contract. The period of performance of the bridge requirement will be September 3, 2020 – September 2, 2021.

The purpose of a bridge contract with MAP is for them to complete long-term space planning and design projects that are currently in progress and will not be completed by the contract expiration date of September 2, 2020.

Many of the on-going space consolidation projects that MAP is currently undertaking have been previously delayed due to several factors such as the pandemic and management decisions beyond MAP’s control and the completion date of these projects will extend past the current contract expiration date. These projects include the following tasks for each: space planning/program of requirements, space design, project management, construction oversight, and project close-out.

3. Description of the Supplies or Services:

Continuation of Strategic Planning and Management Services for one year. (September 3, 2020 to September 2, 2021) The EPA had engaged MAP through Contract # EP-W-15-009 to assist it in providing strategic planning and management services to reduce its space and rent, realign its organizations due to significant work-year reductions and reorganizations, improve its spatial utilization per GSA and OMB guidelines and provide expert consultation on sustainable materials as per its mission.

While MAP has accomplished a large percentage of work over the contract period, it is continuing to assist EPA in implementing key on-going projects which require continued strategic planning and management services for completion.

The services are for Nationwide planning which cover all EPA regions and Headquarters and for on-site facility services that are provided at EPA’s Federal Triangle Complex (FTC) in Washington DC.

Estimated total value: $3,688,631.51

4. Authority: 41 U.S.C. 3304(a)(1)

5. Describe how the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

MAP, due to its combination of expertise, knowledge of the facilities, and familiarity with ongoing projects required to meet EPA’s critical deadlines, is uniquely qualified for this short-term bridge contract to complete the work in progress currently under EP-W-15-009. A change in contractors would be detrimental to the success of each on-going project. These projects are very time sensitive and several of them must be completed by the lease expiration dates to ensure the government does not incur double rent costs and/or costly holdover fees that can sometimes cost more than two times the current rent rates. Also, timely completion of some of the projects will allow the government to realize cost savings if it can consolidate office space in different regional and Headquarters offices. A new contractor completing the work will cause serious delays due to the time it will take to get a new contract awarded and get the new contractor mobilized, and have a complete understanding and ability to perform work that is in process. There will also be a serious lack of project continuity and potential liability issues by the new contractor assuming another contractor’s advanced design and planning work. A new contractor would be reluctant to resume work that MAP has already started and even more so in the advanced stages near completion, especially if a new contractor was not involved in the planning and design phase and does not have the historical knowledge of the facilities and space. It would be extremely difficult for a new contractor to pick up where the project was left by MAP and there would be serious implications to the schedule and additional costs to the government due to re-starting a project from the beginning. The government synopsized the notice of intent to negotiate on a sole source basis (see Section 6 below) and listed a detailed summary of the in-progress work to be completed under a bridge contract. There was no vendor who responded with interest or a capabilities statement to demonstrate they were qualified to do the work.

Of the several high-profile mission projects that need to be completed within fiscal year 2021, MAP is uniquely qualified with its expertise, knowledge and experience with the current contract, to provide the services for successful completion of the following:

A. MAP is assisting EPA in optimizing its real estate footprint by efficiently consolidating space. It has, over the past 5 years, accomplished rent reduction in six of the ten regional offices. Work on four regional offices is on-going or on hold until its completed. (60% complete.)

i. Region 3 is moving to a new lease-see description of services required below. See 2.

ii. Region 4 (80% complete)-

Concepts to implement have been provided to the regional office. Implementation has been on hold while Region 4 Senior Management completes their organizational realignment. The realignment is near complete and therefore MAP will be required to make adjustments to the concepts and develop migration plans and phasing once given a go ahead. The migration planning is tied to the personnel data and physical drawings created by MAP and require the firm’s historical knowledge of the organization to implement. The project will be ready to resume upon the reopening of Region 4 office space after entering into temporary Continuity of Operations Plan (COOP) status and phased re-opening due to Covid-19.

Anticipated completion- March 2021

Estimated monthly rent savings: $64,079

iii. Region 5 (10% complete)

EPA’s largest regional office requires re-alignment of its organizations and reduction in space. The release of space been in the planning stages for several years and is supported by EPA Senior Leadership upon availability of funds. R5 senior leadership is looking to complete the space reduction plan in conjunction with its organizational realignment plan before a construction budget can be determined. MAP has developed concepts which will need to be aligned with the organizational changes in order to res develop options. Using the EPA spatial guidelines, significant savings in rent are anticipated. The project will be ready to resume upon the reopening of Region 5 office space after entering into temporary COOP status and phased re-opening due to Covid-19.

Anticipated Completion- June 2021 Estimated monthly rent savings: $698,278.60

iv. Region 6 (25% complete)- MAP assisted EPA in occupying its new lease in Dallas and has complete documentation of the buildout and furniture. EPA. since its occupancy, has decided to move its record centers out of regional offices and consolidate elsewhere. The 4th floor of the regional offices is being re-planned for conversion from record center to workstations. MAP is working on the project to produce concepts, develop Design Intent Documents (DID’s), procure furniture, review construction documents and coordinate the conversion of the record center space to offices.

Anticipated Completion- March 2021.

B. Region 3 HQ (65% complete)–

The existing leases of R 3 in Philadelphia are expiring at the end of 2021. GSA has procured a new lease in downtown Philadelphia. EPA assisted by MAP, is in the midst of planning and designing its new space. MAP developed the program, design concepts and design intents. The lessor team is developing the Construction Documents.

This project is on a tight timeline with potential for significant penalties if the project is delayed. The $ 30 million project requires client representative services including review of construction bids anticipated in September/October 2020 to assess the allocation of costs between tenant and shell components. This is a very technical task, possible for a firm, involved from the beginning of a project and familiar with detailed issues identified during design development.

In addition, EPA is responsible for procurement of furniture that is required to be installed per lessor’s construction schedule. MAP is assisting the agency in procurement, design, review of installation drawings and bill of materials to maintain the schedule. MAP is also responsible for responses to Requests for Information (RFI) from the lessor team during construction. The project also requires approving shop drawings for EPA for installation of mill work, high density filing, etc. MAP is required to assist EPA in quality assurance during construction, final review of build-out and furniture installation, development of punch lists and to assist HQ in accepting or rejecting space.

Anticipated Completion- September 2021.

Estimated monthly costs in double rent due to delays in the project: $1,263,959.85

C. Headquarters Consolidation – On-site services.

EPA is in the process of consolidating its Potomac Yard facility components from Virginia within the Federal Triangle Complex (FTC) in Washington DC. Approx. 1,000 personnel are planned to be consolidated within the existing buildings in FTC, requiring significant alterations to existing spaces to accommodate specific requirements of the 13 EPA Programs. This effort will require relocation of approximately 4,000 total personnel and realignment of more than half the space in the Federal Triangle Complex. EPA would save about $ 12 million in annual rent and vastly improve its spatial utilization once this is completed.

MAP’s On-site office has been working on various aspects of this consolidation effort. It developed the Master housing plan, space alterations and furniture reconfigurations, and Design Intent Documents with input from all 13 EPA programs. MAP has coordinated the plan with GSA on various alterations and Reimbursable Work Authorization (RWA) projects, etc. The implementation schedule, due to the impact of COVID19, has been delayed by a year. Since the leases at Potomac Yard are expiring EPA is considering relocating employees from PY first and subsequently re-aligning organizations through phased reconfigurations to match each organization’s spatial need.

In order to accommodate the 1,000 personnel moving from Potomac Yard, many private offices, workstations and support spaces need reconfigurations in WJC North, South, East, West and in the Ronald Reagan Buildings. Each Agency Program requires reconfigurations in their assigned space footprint to be able to fit their personnel. The consolidation requires implementation of over 100 projects involving reconfigurations.

MAP’s role in this implementation is critical as they are aware and familiar with agreements between the 13 programs, are familiar with spatial characteristics of various EPA buildings, and understand the interdependency of various projects which is necessary to maintain implementation schedule and costs.

Anticipated Completion – September 2021.

Monthly rent savings upon vacating PY: $1,040,209.17 per month D. Other on-going projects requiring MAP assistance.

i. Las Vegas Consolidation (75% complete)- A 20-year lease has been signed by GSA to consolidate EPA components in two buildings located at La Plaza in Las Vegas. EPA will continue to occupy building E for its National Center for Radiation Field Operations (NCFRO) and Environmental Response Team -West (ERT-W). EPA is planning to release space in buildings B and C in La Plaza Complex and consolidate its operations in Building D. MAP is assisting EPA with review of construction documents, procurement of furniture and monitoring of construction, furniture installation and occupancy. Anticipated Completion – end of calendar year.

ii. Program of Requirements for facilities with expiring leases (35% complete).

Lease terms for two EPA installations are coming to an end in the next two to three years. GSA is requesting that the Program of Requirements (POR) be prepared for both to accompany a Request for Lease Proposal (RLP) for replacement leases. EPA requires that POR’s for Guaynabo in Puerto Rico- Region 2 and for EPA HQ in Region 10- Seattle be prepared by October 1, 2020 and mid-2021 respectively.

iii. Maintain Regional database for available buildings (ongoing)- EPA consistently requires comparative analysis of spaces with various regional offices. This may include the quantity and sizes of offices, number and sizes of conference and meeting rooms, the sizes of server rooms, extent of high-density filing, and where available the population of regions

iv. Provide Facilities Manual (ongoing) The recent pandemic due to Coronavirus may require EPA to revisit its spatial guidelines to include tele-work and social distancing approaches to future planning. This change could have significant impact across all EPA facilities on space, its use, standards, collaborative spaces, density and utilization rates. EPA may require development of space guidelines that follow industry trends.

6. Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable: A notice of intent to sole source was synopsized on the beta.sam.gov website on June 11, 2020 with a close date of June 26, 2020. No capability statements were received in response to the posting. The follow-on contract for this requirement will be a competitive procurement and is in the early stages of the pre-award process and there will be no barrier to competition.

7. Other facts supporting the use of other than full and open competition.

Beginning in mid FY18, the Real Property Services Division had been engaged in several different options to acquire a follow-on Strategic Planning and Management Services contract. The options included utilizing the General Services Administration, an existing Interagency Agreement with the Health and Human Services Program Support Center and EPA’s Office of Acquisition Solutions. First, RPSD researched procurement through GSA. After several meetings with GSA representatives, RPSD determined that GSA could not provide the services needed.

Since EPA had a great success with contracting through HHS/PSC, RPSD focused solely on the follow-on procurement with that Agency. On July 8, 2018, RPSD reached out to HHS/PSC to discuss procurement of a design services contract. HHS/PSC responded on July 17th, 2018 that they would be happy and willing to accept the work. RPSD and HHS/PSD met numerous times between July 2018 and July 2019 to discuss the details of the contract. During that time HHS was beginning to prepare the solicitation for issuance on the street by January 2020 for award September 2020.

In August/September 2019, RPSD was informed that HHS/PSC would no longer accept new procurements and canceled the project. RPSD explored other options such as an IA with DOI and using EPA’s procurement office. After the initial discussion in the 1st quarter of 2020 with OAS/CAD, OMS/OA’s lead contract liaison who was assisting RPSD with the follow-own procurement took another position within the EPA but outside of OMS. This position was not filled. In March of 2020 RPSD spoke with CAD again about the follow-on package and its status. At that time it was decided that timing was no longer adequate to award a new contract, but a short term bridge contract was the best option to ensure there was not a break in service for mission critical support and that a follow-on competitive contract could also be pursued by RPSD at the same time. Shortly after this Covid-19 occurred which diverted RPSD resources to other high priority projects (Potomc Yard moves and Lease Expiration) and delayed projects in progress and set for completion by the expiration of EP-W-15-009 to next FY2021.

Due to the setbacks described above, RPSD is currently in the early stages of the acquisition process with CAD for the follow-on. RPSD hopes to have an award within the next year. Any new work projects needing to be supported prior to a contract award for the follow-on may potentially fall within scope of other existing EPA contracts.

8. The contracting officer determines that the anticipated cost to the Government will be fair and reasonable because a complete analysis of all costs using audits, commerciality, previous history and/or other appropriate means will be fully utilized prior to award.

9. Description of the market research conducted (sec FAR Part 10). If no market research was conducted, state the reasons: No market research was conducted for this requirement as the existing contractor is the only one capable of providing the required services due to the extensive knowledge of regional and headquarter facilities and the required completion of ongoing long-term critical projects for the agency. These projects are required to be completed during the anticipated period of performance due to ending leasing agreements, where EPA must exit the leased space and move hundreds to thousands of EPA Personnel and Contractors into EPA owned buildings or other leased facilities and other projects where EPA is consolidating its office space to reduce its footprint, so that cost savings in unnecessary rent can be realized. There will be a follow-on contract for this requirement which will be a competitive procurement and is in the early stages of the pre-award process, market research is being conducted for that requirement.

10. List sources that expressed, in writing, an interest in the acquisition. If no sources expressed an interest in writing, indicate such.

A notice of intent to negotiate on a sole source basis was posted to beta.sam.gov on June 11, 2020 requesting any vendor who can provide the services required of this requirement to provide their capability statements. No vendors responded or provided capability statements in response to the intent to sole source synopsis by the closing date of June 26, 2020.

11. Include 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.

Based on the history for this requirement it was originally competed as a total small business set-aside. In order to remove or overcome any barriers to competition, the follow-on requirement will be a competitive acquisition. Market Research and historical acquisition information anticipates several small businesses capable of providing future support. The program office is in the early stage of the pre-award process, contemplating a small business set-aside with potential for multiple awards utilizing several different contractors to accommodate future work within the various regions and Headquarters.

Certification

The information contained in this justification for other than full and open competition is certified accurate and complete to the best of my knowledge and belief.

Contracting Officer’s Representative:

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.

_s/ Alexandria De La Cruz-Matthews 7/29/2020 Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

s/Angela Lower 7/29/2020 Signature Date

Branch Chief Review:

Date: 07/29/2020_ _ _ _ _ _ _ _ s/ Scott Tharp Signature of Service Center Manager Printed Name

Phone Number E-mail Address Competition Advocate Approval:

Date: _8/5/2020 _ _ _ _ _ _ _ s/ Tommie Madison Signature of Competition Advocate Printed Name

Phone Number E-mail Address