JOFOC_Micro-SAT_Signed_1.pdf

Source Selection Information – see FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER ABOVE THE MICRO-PURCHASE THRESHOLD AND

UP TO THE SIMPLIFIED ACQUISITION THRESHOLD

1. Identification of Agency and contracting activity: This is a Justification for an Exception to Fair Opportunity. The requiring activity is the Protection Agency (EPA), Region 9 Laboratory

2. Nature and/or description of the action being approved: Gas deliveries in the form of bulk cryo gas, individual cryo dewars, and individual compressed cylinders to the Region 9 (R9) Laboratory and the Region 9 Field Services Support Center (FSSC) to allow for the continuity of work required by law under 40 CFR part 136, 141 and sub chapter J.

3. Description of supplies or services required to meet agency needs (including the estimated value).

Gas Deliveries - bulk cryo gas, individual cryo dewars, and individual compressed cylinders

Identification of the awardee to be solicited. AIRGAS - $36,982 with 6-month extension of $18,491 for a total of $53,843.

4. An identification of the Statutory Authority permitting other than full and open competition. The contracting officer has determined the circumstances of the contract action to meet the following statutory exception under FAR 6.302-2 as supported below:

Unusual and Compelling - FAR 6.302-2 – When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

The need meets the definition above as these supplies support statutorily required work. Gases have traditionally been paid for using a purchase card, and while a contract was in development the loss of purchase card capabilities meant a lapse in supply while a gas contract is finalized. Without gases the work described below cannot occur if the supply runs out. While a larger gas contract is finalized, this JOFOC would temporarily meet the need for the work described below.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Region 9 laboratory has started the process to procure a gas vendor contract, but in the immediate future Region 9 lab and FSSC cannot continue operations without this interim contract in place.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

The Contracting Officer need not submit the notice required for synopsis of proposed contract actions required by Federal Acquisition Regulation (FAR) 5.201 when utilizing this exception provided tinder FAR 6.302-2.

(Insert Contract/Order number, as applicable)

Source Selection Information – see FAR 2.101 and 3.104

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The quote with be evaluated against the IGE to be determined fair and reasonable at the time of award.

8. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

The Region 9 laboratory has already reached out to multiple gas vendors to begin the process of market research for the new contract, but due to the urgent and compelling nature of the service needed to cover the gap left by the discontinuation of the government purchase card. A purchase order needs to be placed to allow them to continue this urgent and compelling service.

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

Executive Order IMPLEMENTING THE PRESIDENT’S “DEPARTMENT OF GOVERNMENT EFFICIENCY” COST EFFICIENCY INITIATIVE, dated February 26, 2025, froze Government Purchase Cards from being used which caused the urgent and compelling need for a short-term purchase order to allow the Region 9 Lab to continue gas services.

10. A listing of sources, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Due to the Urgent and Compelling nature of the service no effort was taken to solicit other venders to respond to this requirement, therefore no vendors expressed interest.

11. Approval

I certify that this request to procure services using the authorities cited in FAR 6.3 (Other than Full and Open Competition) is made in good faith, and that the supporting data and information are accurate and complete to the best of my knowledge and belief

Michael Spiegel Program Office

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

Jasmine Dare Contracting Specialist

Mena Medeiros Division Operations Section Manager