JOFOC_Redacted_1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 41 U.S.C. 253(c)(1).

1. Identification of the agency and contracting activity.

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 a new source, etc.

Metropolitan Architects and Planners (MAP) (small business) has been providing analyses and strategies for space consolidation/reduction for the Agency under contract 68HERC20R0117 Task Order 68HERC21F0398 which expires June 30, 2023. The Agency is attempting to achieve cost savings by reducing operating costs, generating income through disposal of assets, and more efficiently using existing real property through consolidation of space. MAP has been providing support services under the task order to perform the required space planning, space analyses, and project management support, but work was suspended a significant amount of time due to COVID restrictions. MAP was able to provide limited analyses, but due to the COVID restrictions, facilities were closed, and travel was restricted until approximately March 2022. In addition, the contract expired and the task order for this work will expire June 30, 2023 and cannot be extended.

The purpose of this sole source contract is to comply with both Presidential Memorandums and OMB Directives that direct EPA to developing the agency evolving work environment plans; Future of Work; and frame the agencies Capital Planning Document. Recent memorandums M-23-15 (Measuring, Monitoring, and Improving Organizational Health and Organizational Performance in the Context of Evolving Agency Work Environments), M-22-14 (FY 2024 Agency-wide Capital Planning to Support the Future of Work), and M-21-25 (Integrating Planning for A Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and Work Environment) are providing guidance for agency planning with respect to work-force initiatives and office space needs.

The June 10, 2010, presidential memorandum on, “Disposing of Unneeded Federal Real Estate”, commenced a wide scale impetus for agencies to achieve cost savings by (1) reducing operating expenses through disposing assets and (2) more efficiently using existing real property by consolidating space. Following directives Section 3 of the Office of Management and Budget Memorandum (OMB) M-12¬ 12, Promoting Efficient Spending to Support Agency Operations (May 11, 2012), and Implementation of OMB Memorandum M-12-12 Section 3: Reduce the Footprint (March 25, 2015) have deepened the review and required oversight of EPA’s real property portfolio.

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

Metropolitan Architects and Planners (MAP) (small business) is the only known firm qualified to provide these services because they have been intimately involved with the analyses and strategies for space consolidation/reduction for EPA from the beginning. The utilization of a different firm is not in the best interest of the Agency because MAP (small business) has the historical knowledge and has already performed most of the work necessary to complete the project. It is anticipated the remaining work to complete the required space analysis and strategies for space consolidation/reduction will take approximately 1-year (July 1, 2023 – June 30, 2024) with an estimated value of

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

The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

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

MAP is uniquely qualified for this 12-month period of performance due its professional expertise, adept knowledge of the facilities, and familiarity with ongoing projects required to meet EPA’s critical deadlines regarding future of work and capital planning required within the next calendar year. A change in contractors would be detrimental to the success of this effort. These requirements are very time sensitive and must be completed by key persons familiar with EPA to meet the established timelines to ensure EPA complies with the Memorandum, Directive, and EPA Capital Planning timelines. 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 to deliver the rigor required. There will also be a serious lack of project continuity; hesitancy of new contractor to resume work they did not plan as well as EPA paying for services already invested in MAP’s work to ramp up a new contractor.

Of the several high-profile mission projects that need to be completed, MAP is uniquely qualified with its expertise, knowledge, and experience with both current and previous EPA contracts, to provide the services for successful completion.

5. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable.

A Notice of Intent to Sole Source with MAP was posted to SAM.gov on June 12, 2023 outlining the requirements and unique experience and expertise MAP has to complete this project. The notice requested any firm that believes it is capable of meeting the EPA’s requirement may submit a capability statement which must address how it will meet requirements to the Contracting Officer by 12:00 (Noon) Eastern Time on June 26, 2023. No responses were received.

6. 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 anticipated dollar value for this contract will be approximately . The Contracting Officer determines the anticipated price will be fair and reasonable based on comparison to the expired contract and expiring task orders. Rates for the expired contract and task orders were determined fair and reasonable and it is anticipated the rates for this contract will be fair and reasonable too.

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

Market research was conducted to determine if other offerors could pick up the work that has already been accomplished via MAP and complete the project without significant re-work. It was determined the costs associated with re-work would not be beneficial to the Agency. In addition, the Agency is on a tight timeline to complete the analyses and involving another firm would be detrimental to the Agency’s timeline.

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

RPSD is currently in the pre-award stages of the acquisition process with CAD for new IDIQ contract. Award of new IDIQ contracts is anticipated by end of June 30, 2023. With the construct of new contracts, initial task orders will not be issued until vendor pool is identified. As such, the initial task orders will take an additional PALT period that may be several weeks. It is imperative, MAP continues the work for continuity and avoid unnecessary costs and time for new contractors to fall in line mid-stream of the process. Any new work projects needing to be supported prior to the multi-vendor IDIQ contract award for the follow-on may potentially fall within scope of other existing EPA contracts.

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

None

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

Award of new IDIQ contracts is anticipated by end of June 30, 2023. Any new work may be able to be supported by the new multi-vendor IDIQ contracts.