Justification for Other than Full and Open Competition_FMMS_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR)

6.303-2

IDENTIFICATION NUMBER (PURCHASE REQUEST/SOLICITATION

NUMBER): 25MA000500

1. Identification of the agency and the contracting activity.

The Department of Energy (DOE), Office of Headquarters Procurement Services (MA- 64), located in Washington, DC proposes to issue a contract modification to extend performance by means of other than full and open competition. This action is in support of the Office of Management, Office of Logistics and Facility Operations (MA- 43). This document sets forth the justification for other than full and open competition in accordance with the Federal Acquisition Regulations (FAR) 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements,” and 41 United States Code 3304(a)(1).

2. The nature and/or description of the action being approved, e.g., sole source, limited competition, establishment of a new source, etc.

DOE intends to issue a sole source modification to extend performance for the current single-award Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract in support of Facilities Maintenance and Management Services (FMMS) at the DOE Headquarters Complexes located in Washington, DC and Germantown, MD. The proposed action will prevent a break in performance by extending FMMS for a base period of 12 months with two 6-month option periods to allow flexibility as the Department awaits further clarity on the future of the Forrestal complex.

The current FMMC ordering period ends on August 2, 2025. The proposed action will extend the ordering period through August 2, 2026. The proposed contractor name and address is:

EMCOR Government Services, Inc. (EMCOR) 6363 Walker LN STE 600 Alexandria, Virginia 22310-3264 Unique Entity ID (UEI): DNYGB48XJMK5 Cage: 085P7

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

This JOFOC authorizes and approves the award of a sole-source IDIQ with Time & Material and Firm Fixed Price ordering capabilities to EMCOR Government Services, Inc. for Facility Maintenance and Management Services (FMMS) in support of the Office of Management, Office of Logistics and Facility Operations (MA-43).

The Office of Management and Budget (OMB) has approved the sale of the Forrestal Building, and as a result of this pending sale the Department is assessing long-term facility needs and operational continuity planning. Given the potential sale or demolition of Forrestal, long-term planning for a new procurement for management of the Forrestal facility introduces significant uncertainty into the future of the requirement, which may require materially different services.

DOE requires continued FMMS at its Headquarters Complexes in Washington D.C., and Germantown, MD. Under this contract, the Contractor provides facilities operations, building maintenance, repairs, emergency repairs, and minor alteration services at the Forrestal and Germantown campuses.

The Forrestal Building, constructed in 1968, is a 1.8 million square foot office building which houses the Secretary and Deputy Security of Energy, key Department leadership, and Headquarters functions critical to the DOE mission and national security. The Forrestal campus is located at 1000 Independence Avenue, S.W. Washington D.C.

The Germantown Campus, built in 1957 and listed on the National Register of Historic Places, encompasses 98 acres. It includes a primary 634,000 square foot office building, a 350-seat auditorium, a warehouse, support buildings, and a central boiler and chiller plant serving the entire campus. The Germantown campus is located at 19901 Germantown Rd, Germantown, MD. These comprehensive facility maintenance services included, but are not limited to:

Operation and maintenance of heating, ventilation, and air conditioning (HVAC) systems.

Electrical and plumbing maintenance Fire and life safety system inspection and repairs General building upkeep to ensure compliance with applicable regulations and local building codes.

Emergency repair and systems/equipment replacement.

Support during extended or severe emergency situations or incidents.

Operation of a Computerized Maintenance Management System (CMMS) that delivers production control, operations management, labor/supply management, and reporting

24/7 Environmental Management Control System operations Planning for and supporting emergency response and Continuity of Operations

Plan (COOP) requirements Coordination and support for General Services Administration (GSA) and third-party contractor projects Safety, Fire outage, and Work Control Permit management Hazardous materials management Internal Quality Control

Quality Assurance for other key contracted functions (custodial, snow removal) and other projects impacting the buildings’ systems and infrastructure

Escort services for third-party contractors.

Program and project management for limited scope installation projects, time-restrictive work, and emergency repairs resulting from natural or man-made incidents.:

These services are critical to maintaining a safe, operational, and compliant facility, protecting occupants, and preserving the property’s value. However, the planned disposition of Forrestal introduces operational ambiguity; if the building is sold, potentially demolished, or transitioned to a different Federal entity, DOE’s FMMS needs may shift drastically or cease altogether. Accordingly, the current procurement strategy must remain adaptive until the Department can define the long-term scope and location of its facilities. The anticipated dollar value for the proposed sole source modifications is

, inclusive of the base and option periods.

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

41 U.S.C. Section 3304 (a)(1), as implemented by FAR 6.302-1, “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.

EMCOR is uniquely qualified as the only responsible source with the knowledge, experience, and resources to provide seamless FMMS needs during the contemplated extension period, as their incumbent status under the current FMMS award uniquely positions EMCOR to fulfill those requirements. The contractor has maintained the facility since 2019, and possesses critical site-specific expertise (e.g., knowledge of legacy systems, historical maintenance records), security classifications, badging requirements, special licenses and certifications. Transitioning to and onboarding a new vendor would require MA-43 to allocate extra time for the vendor to complete the previously mentioned tasks, causing a disruption in support, which will have a catastrophic effect across the Agency. The Department needs time to determine the long-term future of the Forrestal building; it would not be reasonable or prudent to move forward with an open competition for a long-term contract when the building may no longer require services in the next few years, nor is it possible to transition to another contractor in the limited time period needed to determine the future needs for the Forrestal facility.

The rationale for continuing services with EMCOR includes:

Site Specific Knowledge: EMCOR has provided maintenance services at DOE HQ facilities since 2019, giving them unparalleled familiarity with the facilities systems, HVAC configuration, and fire suppression system.

Operational Continuity: Transitioning to a new contractor during this interim period would require at least 6 months for onboarding, training, and system familiarization, risking disruptions and increased costs.

Pending Listing for Sale: OMB has approved the disposition of Forrestal Federal Building in a manner that maximizes the return to the taxpayer. EMCOR can maintain services until the sale or follow-on contract award.

EMCOR currently has 10 active task orders under IDIQ No. 89303020DMA000012 facility maintenance, electrical plumbing maintenance, and emergency repairs. This extended level of support justifies why this contract must be extended because a new contractor must be able to fulfill these areas of support on Day 1 of performance.

Interruption of FMMS would pose immediate risks to occupant life and safety necessitating urgent action to maintain continuity or face an unmitigated risk of serious human harm for the Government.

In addition, the ongoing uncertainty regarding the Forrestal Building’s future makes it impracticable to expend the time, effort, and resources needed conduct a competitive effort where the Department’s requirements are currently unknown. EMCOR’s existing infrastructure and site familiarity allow for continued operations without risking service disruption while the DOE evaluates how FMMS requirements will evolve depending on the final disposition of Forrestal.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not an announcement was made on the System for Award Management (www.sam.gov) and what response, if any, was received, and include the exception under FAR 5.202 when not synopsizing.

Describe whether any additional or similar requirements are anticipated in the future. (This may not be included as an addendum. It must be in the body of the

JOFOC.)

This effort was synopsized on 6/26/2025 in the System for Award Management (http://www.sam.gov) in accordance with the requirements for FAR 5.2. The closing date for this synopsis was 7/11/2025 and three (3) responses were received (see discussion below).

7. Cite 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. When exceptional circumstances exist that require the period of performance to exceed one year, the JOFOC shall state priced option period(s) will be included and that a determination and findings is being prepared for the Senior Procurement Executive’ approval.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this JOFOC will be fair and reasonable based on price analysis. This includes, but is not limited to, comparison of historical prices paid by the

Government for the same or similar items, comparison with competitive published price lists, or comparison of proposed prices obtained through market research.

8. Provide a description of the market research conducted and the results or a statement of the reason market research was not conducted. Do not simply refer to the sources sought synopsis.

Market research, in accordance with FAR Part 10, will be conducted by the Department for acquisition planning of the follow-on, and will include online research and queries of Government databases

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

No other facts supporting use of other than full and open competition have been identified beyond those found in this justification document.

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

As a result of the synopsis, the following companies expressed a written interest in this acquisition:

Company Company Size (Large, Small, SDVOSB, etc)

1. J’s Associates, LLC WOSB

2. SourceAmerica Large

3. AKIMA, LLC 8(a) ANC

Each vendor submitted general expressions of interest in response to the synopsis posted on SAM.gov. However, none demonstrated an ability to meet the immediate and highly specialized demands of the interim period, nor did they present a viable plan to onboard within the constrained timeline required to prevent service interruption.

Given the OMB-approved sale of Forrestal, DOE faces highly fluid operational demands.

A transition to a new contractor without certainty regarding long-term facilities would introduce excessive operational risk, especially in areas such as:

HVAC systems supporting secure communications rooms;

Historical building utilities requiring system-level knowledge;

Safety inspections and permit controls that cannot lapse;

Escorting contractors for time-critical repair projects.

EMCOR is the only contractor with the institutional knowledge, access, and certified staff already in place to continue FMMS support without introducing risk. Considering this, no other vendors will be considered for this short-term extension.

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

The Government will, as appropriate, develop a requirements package that will support competition for the future acquisition of facilities management, once a determination is made on the outcome of the Forrestal Facility.