JOFOC to Post_1.docx

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency and/or Activity Agency:

United States Environmental Protection Agency

Contracting Activity:

United States Environmental Protection Agency Office of Acquisition Solutions Cincinnati Acquisition Division 26 West Martin Luther King Drive Cincinnati, OH 45268

2. Nature and/or Description of the Action Being Approved This is a sole source action to modify EP-C-18-001 with Government Marketing and Procurement LLC (GMP) to amend clause EPA-B-16-101 MINIMUM AND MAXIMUM AMOUNTS to increase the maximum amount from $1,000,000 to $1,100,000. The maximum amount has been already reached; however, the ordering period is still active for two (2) more years. As the maximum ceiling was being reached, the program office initiated a follow-on procurement. However, there was not enough time to process a new Indefinite Delivery/Indefinite Quantity (IDIQ) to meet the Agency needs. The Agency is required by legislation and multiple statutes to maintain a fleet management information system (FMIS), which includes the Energy Policy Act of 1992 (EPAct 92), the Energy Independence and Security Act of 2007 (EISA 2007), Executive Order 13834 (EO 13834) and the General Services Administration Federal Management Regulation B-15 (GSA FMR B-15). The Agency FMIS is required to continuously collect mandated individual vehicle utilization data such as fuel quantity, mileage, maintenance costs, etc. The limited time-frame associated with continuing the high priority work, such as, but not limited to, providing FleetCommander service agency-wide and maintaining the FMIS for the Agency, creates only one responsible source which precludes full and open competition. Additionally, any potential lapse in work coverage would adversely impact the fleet management program. GMP is being provided this extension based on its combination of expertise, knowledge, and familiarity with the on-going projects, as well as its immediate availability to continue the work.

3. Nature and Description of Supplies and Service The requirements of the Statement of Work (SOW) associated with this procurement specify that the contractor provide off-the-shelf fleet management and reservation system to manage the day-to-day logistics of our fleet; vehicles, trailers, vessels, etc. The contractor will be required to continue fleet management services and provide access to the FleetCommander vehicle reservation system. The contractor will continue to provide EPA the web-based FleetCommander software service and support currently being performed under contract EP-C-18-001. The vendor must provide web-based application access to EPA’s instance of FleetCommander, the fleet database known as “Fleet Vault”, the asset reservation system, and FAST federal reporting tool able to facilitate the production of an exportable XML file used for agency federal fleet reporting.

4. Statutory Authority Title 41, United States Code, Section 253(c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii). Only one responsible source, and no other type of supplies or services will satisfy agency requirements.

5. Contractor’s Unique Qualifications . GMP is the only responsible source available to fulfill the needs of the Agency. The services performed under this contract are critical to EPA’s mission, and any delays or interruptions would be unacceptable and damaging. The work performed by GMP spans a multitude of diverse topics, and GMP’s combination of knowledge of the Agency’s fleet program needs, such as hierarchical and program specific fleet details, as well as GMP’s commercial off the shelf (COTS) FMIS to facilitate DOE FAST reporting, places GMP in the position of being the only possible contractor who can meet the EPA’s needs until the new award has been executed. No other vendor has access to the detailed proprietary software and hardware functions for the existing system. GMP LLC is the only source for the software as a service solution and hardware technical support.

The existing system is critical to the success of the Agency’s fleet management program. Continuity of operations regarding vehicle data, vehicle usage/reservation management, and federal vehicle reporting is system specific. In addition, information in the existing system is relied upon across a variety of functions within the agency in order to analyze, identify, and develop strategic and operational opportunities regarding fleet acquisition, usage, management, and disposal.

6. Efforts to Obtain Competition Notification of EPA’s intent to negotiate on a sole source basis with GMP for the proposed extension was issued on FedBizOpps on Thursday, May 14, 2020. Responses are not anticipated as this extension is being issued under 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

7. Fair and Reasonable Cost Determination No additional costs are anticipated with the increase of the maximum amount in EPA-B-16-101. The rates that were determined fair and reasonable at contract award based on competitive offerers and will be used on task orders awarded as a result of the increase.

8. Market Research As stated in item 6 above, a notice was placed in FedBizOpps on Thursday, May 14, 2020. Responses are not anticipated as this extension is being issued under FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

9. Other Facts The follow-on contract to EP-C-18-001 is not anticipated to be awarded until August 1, 2020 due to delays and limited resources.

10. Potential Sources None

11. Remove/Overcome Barriers This Justification for Other than Full and Open Competition is for services that are not currently available from another qualified source due to the reasons stated above. The requirement, as a general matter, was solicited through full and open competition, however, the follow-on requirement is being processed as sole source also due to the reasons stated above. The maximum increase will allow for the continuation of services under current contract for the critical activities set forth above.

12. Certifications and Approval

Contracting Officer’s Representative Certification: I hereby certify that the supporting data under my cognizance, which are included in this J&A, are complete and accurate to the best of my knowledge and belief.

Contracting Officer’s Certification: I hereby certify this J&A is accurate and complete to the best of my knowledge and belief.