JOFOC_-_Final.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

CINCINNATI OPERATIONS AND MAINTENANCE BRIDGE CONTRACT,

CINCINNATI, OHIO

September 11, 2019

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

Identification Number (purchase request/solicitation number): PR-OARM-19-00819

1. Identification of the agency and contracting activity.

The United States Environmental Protection Agency (U.S. EPA), Office of Mission Support (OMS), Office of Administration & Resource Management (OARM), (OARM-CIN) Facilities Management & Services Division (FMSD). U.S. EPA 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 a new source, etc.

A Firm-Fixed Price bridge contract with Comanche Nation Construction, Inc. (CNC) is being sought for a two-month period. CNC is the current Operations and Maintenance (O&M) contractor for the EPA-Cincinnati Facilities. This bridge contract is required for the continuation of O&M services while the re-competition of the new O&M Contract is completed. Continual O&M support is necessary to keep the facilities operating safely and properly, as well as helping EPA-Cincinnati continue with its mission of protecting human health and the environment. The period of performance for the bridge contract will be October 1, 2019 through November 30, 2019.

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

The O&M activities performed at the U.S. EPA Cincinnati (EPA-CIN) facilities are critical activities which are necessary in order to keep the EPA-CIN labs operational and building occupants safe. If a break in service were to occur it would result in the three major EPA-CIN labs having to suspend their research activities and these facilities would, likely, be closed until an O&M contractor was in place to operate these facilities.

The Andrew W. Breidenbach Environmental Research Center (AWBERC), Center Hill, and Test and Evaluation Facilities are all research-based facilities and contain numerous laboratories, as well as office space. Nearly 1,000 federal and contractor employees collectively occupy these three facilities. It is the responsibility of the O&M contractor to keep these facilities running in a safe and consistent manner.

Among their many duties required at these facilities, critical activities include:

• Maintaining indoor air quality at high standards so that research may be safely conducted and administrative personnel have a safe work environment.

• Maintain and run the boilers and chillers as well as other heating, ventilation, and air conditioning equipment so research may be conducted under consistent environmental parameters as well as keep building occupants comfortable.

• Keeping the laboratory exhaust fans in top working condition so potentially harmful vapors will be properly exhausted. Ensure that laboratories are meeting the minimum number of air exchanges required per hour for the safety of the researchers.

• Maintaining proper operation and maintenance of life safety systems such as the fire alarm systems, fire extinguishers, and emergency safety showers at each of these facilities. A break in service in any of life safety items would be considered an unacceptable safety risk.

4. The statutory authority permitting other than full and open competition.

Exception: Only one responsible source and no other supplies or services will satisfy agency requirements Authority: 10 U.S.C. 2304(c)(1) FAR Citation: FAR 6.302-1

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

As this award is only for a two (2) month contract to cover the described services to the current contractor, CNC is the prudent path to pursue.

The nature of this acquisition requires the U.S. EPA to use the authority cited because of the complex nature and short time frame of the services required. The services under the current contract are complex and of a critical nature; all of which are geared towards keeping work areas and building occupants safe and ensuring that research is conducted under consistent environmental conditions. A break in these services would have an extremely detrimental effect on the safety of the facilities, their occupants, and the EPA’s research activities.

In addition, the time required to locate a qualified 8(a) contractor that is capable of handling the requirements in the Performance Work Statement (PWS), solicit, evaluate, negotiate with, make award to, and mobilize would not be cost effective or efficient for the brief two (2) month period covered by this contract. CNC can provide continuity for the complex facility operations under the current PWS without a delay or break in service.

CNC is uniquely qualified for providing the O&M activities for EPA-CIN during the two (2) month time period. Their existing management structure from their home office support to the wage employee level will allow for O&M work to continue without interruption. Having the key managment personnel in place as well as a strong management structure will eliminate the possibility of disruptions to building occupants, which may occur if a new contractor were brought in in such a short period of time. CNC is also uniquely qualified for this work because of their in-depth knowledge of the EPA-CIN facilities and what is required, from an O&M perspective, to keep them operating smoothly and safely. This knowledge is critical in order to keep the EPA-CIN laboratories operational and the building occupants safe. It is not feasible to contract with and train a new 8(a) contractor and get them up to speed in the time prior to the current contract’s expiration date. The research performed at the three major EPA-CIN labs is mission critical and having a disruption in services, which could potentially close the labs for a period of time, cannot be permitted.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOps announcement was made and what response, if any, was received, or include the exception under FAR 5.202 if not synopsizing. Describe whether any additional or similar requirements are anticipated in the future (this may not be included as an addendum, but must be in the body of the JOFOC).

This action was synopsized on the Federal Business Opportunities website on September 5, 2019 with a close date of September 11, 2019. No responses to the posting were received. The next contract for this requirement is an 8a competition and is in the process of being solicited.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will make a fair and reasonableness determination prior to making any award. However, the anticipated cost to the Government is expected to be fair and reasonable based on the Independent Government Cost Estimate. The Project Officer has knowledge and expertise in this area, is well aware of the costs to perform these services, and has experience with cost and technical oversight. The estimate is based on historical data. To arrive at this cost estimate, a detailed review was made of CNC’s cost over the previous five (5) years of this contract, which included looking at labor, supplies, materials and other direct and indirect costs.

Estimated Value:

The total cost of this new two-month contract is estimated at $696,366.40 dollars

8. A description of the market research conducted and the results.

The current contract was a directed 8(a) award. As such, the follow-on must remain within the 8(a) program. The follow-on is also being completed as a competitive 8(a) requirement. No 8(a) award can be made in time to prevent a break in service. The existing contractor is the only one capable of meeting this requirement due to the existing infrastructure and knowledge of the facilities, equipment, and building systems.

9. Any other facts supporting the use of other than full and open competition.

None.

10. A listing of any sources that expressed a written interest in the acquisition.

No sources have expressed an interest in writing.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

No barriers are anticipated. The follow-on is being solicited as a competitive 8(a) set-aside.

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.

Project Officer: John Kappa

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 Date

Contracting Officer: Don Wentzel

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

Reviews and Approvals

Branch Chief: Scott Tharp

I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds $10K, but does not exceed $700K, this certification serves as approval.