jofoc-ep-c-07-058.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency and/or Activity U.S. Environmental Protection Agency (U.S. EPA), Cincinnati Procurement Operations Division (CPOD), 26 W. Martin Luther King Drive, Cincinnati, OH 45212-0001.

Scott Tharp, Contracting Officer, 513-487-2020

2. Nature and/or Description of the Action Being Approved This Justification and Approval (J&A) seeks authority to increase the contract ceiling for the U.S. Environmental Protection Agency Indefinite Delivery/Indefinite Quantity (IDIQ) contract (EP-C-07-058) with Langdon, Inc. for the Infrastructure Replacement Project (IRP). If approved, this J&A will result in an increase from the present contract ceiling amount of $85 million, to a new ceiling of $93.5 million. The IRP contract was awarded September 13, 2007 with a two-year base period and eight one-year option periods. The current ceiling for the contract, inclusive of all options (both those exercised and those as of yet unexercised), is $85 million. This requested $8.5 million increase will be applied to the current contract which, upon exercise of the remaining option periods, will expire September 12, 2017. It is noted that the total contract period of performance will not be extended. However, although the contract period of performance will not increase, it is necessary to increase the contract ceiling amount in order to complete the IRP.

3. Nature and Description of Supplies and Service The U.S. EPA Andrew W. Breidenbach Environmental Research Center (AWBERC) IRP includes, among other work, the replacement of: a) large air handling units and associated ductwork, b) laboratory exhaust fans and associated ductwork, c) the hot water heating system and piping, d) laboratory fume hoods and casework, and boilers. It also includes the installation of new: a) air terminal units, b) a building management system, and c) a laboratory airflow control system. This work is being accomplished via five (5) major work phases over a ten-year period, with each phase addressing a specific building zone. In addition, the contractor is responsible for maintaining the continued operation of the building areas outside of the aforementioned construction zone. The following is a brief description for each of the five (5) major phases:

Phase 1 - Replacement of Air Handling Unit (AC)-4, conversion of the heating, ventilation, and air conditioning (HVAC) system from constant air volume (CAV) to variable air volume (VAV), and replacement of exhaust fans, laboratory chemical fume hoods, and exhaust ductwork.

Phase 2 - Replacement of AC-1, conversion of the HVAC system from CAV to VAV, and replacement of exhaust fans, laboratory chemical fume hoods, and exhaust ductwork.

Phase 3 - Replacement of AC-2, conversion of the HVAC system from CAV to VAV, Phase 4 - Replacement of AC-3, conversion of the HVAC system from CAV to VAV, Phase 5 - Replacement of AC-5, conversion of the HVAC system from CAV to VAV, The U.S. EPA requires an increase to the ceiling of the IDIQ contract to continue performance of the IRP phases which have not yet been completed, but are necessary in order to meet the goals of the IRP. The seven (7) projects identified below are additional, specific IRP tasks necessary to the completion of the overall project. These tasks are within the scope of and in accordance with the original contract Statement of Work.

• Replacement of two boilers, along with the associated piping and equipment;

• Implementation of Air Flow Changes and Energy Efficient Measures Identified during Recommissioning;

• Americans with Disabilities Act (ADA) Upgrades and Renovation of Restrooms on

Floors 1- 4;

• Replacement of Laboratory Waste Lines;

• Electrical Switchboard Upgrades;

• HVAC Static Pressure Reset; and

• LED Lighting Retrofits.

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 The statutory authority cited above applies to Langdon’s continued performance of the IRP at the AWBERC facility. This authority applies to this IRP IDIQ contract and the conditions stated herein for services, as they are analogous to situations where those services are “deemed to be available only from the original source in the case of follow on contracts for the continued provision of highly specialized services where it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition, or Unacceptable delays in fulfilling the agency’s requirements.” (See Title 41, United States Code, Section 253(d)(1)(B)(i) and (ii)).

6. Efforts to Obtain Competition The requirement for this ceiling increase to the IDIQ contract (EP-C-07-058) will be posted on the Federal Business Opportunities (FedBizOpps) Website for a period of 15 days after this Justification and Approval (J&A) is approved. The synopsis will provide notice to all potential offerors that the Government intends to execute a $8.5 million increase to the ceiling price under the authority of Title 41, United States Code, Section 253(d)(1)(B).

7. Fair and Reasonable Cost Determination The Contracting Officer has determined that Langdon, Inc. still provides a fair and reasonable price based on comparison to other offerors’ pricing and rates for EPA construction projects in the Cincinnati area. The contract rates are based on negotiated forward pricing rates, overheads, and appropriate fees. Each of the task orders will use these rates, and those task orders will be negotiated accordingly.

8. Market Research The Government requirement for this ceiling increase to the IDIQ contract (EP-C-07-058) will be posted on the FedBizOpps Website for a period of 15 days after the J&A is approved.

The synopsis will provide notice to all potential offerors that the Government intends to execute an $8.5 million increase to the ceiling price under the authority of Title 41, United States Code, Section 253(d)(1)(B).

9. Other Facts The U.S. EPA has conducted numerous tasks within the IRP that, while not specifically known at the time of the initial solicitation and award, have been essential to the overall success of the work that was indentified in the requirement. Consequently, those necessary but ancillary tasks have placed an extraordinary strain on this contract from contract award to the present.

Increasing the ceiling by $8.5 million will provide continued and seamless support of critical ongoing and future IRP tasks at the (AWBERC Facility, while supporting our customer’s requirements in successfully completing the IRP. All work to be performed under this contract ceiling increase has been determined to be both within the scope of and in accordance with the original contract Statement of Work.

10. Potential Sources In 2007, the CPOD of the U.S. EPA held a small business competition for this IDIQ IRP contract, which resulted in the award of the current contract with its $85 million ceiling price.

The period of performance was for a two-year base period, plus eight one-year option periods.

As the current contract has not expired, there is no need for additional sources based on the statutory authority cited above to complete this project.

11. Remove/Overcome Barriers The Agency will monitor the marketplace and continue to solicit work not related to the IRP via competitive acquisitions, as necessary and appropriate.

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.

_______________/S/_________________________ _________________________

SIGNATURE DATE

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

Office of General Counsel Review: I have reviewed this document and find the J&A legally sufficient to support other than full and open competition.

Competition Advocate: Based on the foregoing justification, I hereby approve the increase to the ceiling of the Indefinite Delivery/Indefinite Quantity contract EP-C-07-058 with Langdon, Inc., 9865 Wayne Avenue, Cincinnati, OH 45215. This action will increase the ceiling amount by $8.5 million from $85 million to $93.5 million on an other than full and open competition basis. The actions pursuant to this J&A are subject to the availability of funds and the completion of all required statutory and regulatory reviews and approvals. I have reviewed this document and find the J&A sufficient to support other than full and open competition.