JOFOC_68HE0823P0005_RTD_EcoPasses_1.pdf

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

1595 Wynkoop Street

DENVER, CO 80202-1129

Phone 800-227-8917 http://www.epa.gov/region08

SOLE SOURCE JUSTIFICATION

1. Identification of the agency and the contracting activity.

Agency: Environmental Protection Agency Contracting Activity: Region 8, Mission Support Division Requisition: PR‐R8‐23‐00150

Purchase Order: 68HE0823P0005 Recommended Vendor: Regional Transportation District (RTD)

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

A single firm fixed price purchase order for 435 Regional Transportation District (RTD) ECO Passes.

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

The EPA Region 8 office provides all eligible employees RTD passes that can be used via bus and light rail as an incentive to use alternate means commuting to/from work. These RTD mass transit passes promote “clean air” which falls under EPA’s mission of protecting human and environmental health. For calendar year 2023, the EPA Region 8 is purchasing 435 ECO passes.

In accordance with RTD’s standard business practice, the quantity of passes is determined by the total number of all EPA Region 8 eligible employees.

4. Statutory Authority:

This justification for other than full and open competition has been prepared in accordance with Federal Acquisition Regulation 13.106‐1(b)(1)(i). As the Contracting Officer, I have determined this procurement to be eligible for soliciting from a single source as a requirement that does not exceed the simplified acquisition threshold as well as the recommended vendor being the only source reasonably available.

5. Valuation: $

6. An identification of the LSJ rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service.

FAR 13.106‐1(b)(1)(i) – allows for soliciting from a single source for purchases not exceeding the simplified acquisition threshold if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand‐name or industrial mobilization).

In accordance with 13.106‐1(b)(1)(i), the Contracting Officer finds only one source to be reasonably available as RTD is the regional agency operating public transit services in eight out of the twelve counties in the Denver‐Aurora‐Boulder combined Statistical area in Colorado. It operates a bus and rail system that has a service area of over a 2,342 square mile area, serving

3.08 million people (Wikipedia.org). There isn’t another mass transit agency that provides service to the Denver metro area.

7. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 13.106‐3.

The Contracting Officer has reviewed the prior year’s purchase order with RTD. The price per EcoPass has remained unchanged at a price of $ per pass (QTY: 435).

To be noted the EcoPasses in CY 2019‐2021 were significantly higher. For instance, the price per pass in 2021 was $ Historically, a minor price increase commensurate with inflation and increased cost of operation (electricity, maintenance, etc) would be expected. Per the vendor’s explanation to the CO in 2022, this significant price decrease over the past three (3) years is attributed to the decrease in ridership that started in 2020. A global pandemic has had a negative impact on the market as well as demand for public transit services. Lower prices equate to greater incentive to utilize public transit. Retail pricing for a monthly pass alone is $ . Annual “EcoPasses” are not available to the public and is a program that RTD offers to employers which are seeking to provide additional incentive to their employees. Based on historical pricing and market research, the Contracting Officer finds the price to be fair and reasonable IAW FAR 13.106‐3(a)(2)(ii) and FAR 13.106‐3(a)(2)(iii).

8. A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted. A statement must be made that the supplies and services are available from the FSS.

The Contracting Officer’s knowledge of the market as described under items 4 and 6 indicate that RTD is the only source of mass transit in Denver, Colorado. RTD is not a listed vendor on the GSA FSS. Although there may be private transportation options, none would be as widely available nor cost effective as the RTD EcoPass.

9. Any other facts supporting the limited source justification.

None.

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

None.

11. 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.

As noted above, RTD is the only mass transit system available in Denver, Colorado. Should a competitor enter the Denver market, future acquisitions for employee passes will be considered for competition.

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

Programmatic Technical Point of Contact:

I certify that the facts and representations, which are included in and form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

Adrienne Rivera

Adrienne Rivera

Support Services for the Infrastructure Branch

EPA Region 8, Denver, CO

Contracting Officer:

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

K. Maria Houston

K. Maria Houston Region 8 Contracting Officer

Reviewing Official: Level above Contracting Officer:

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

Sarah A. Clemmens Region 8 Acting Team Lead