JUSTIFICATION_FOR_CONTRACTING_OTHER_THAN_FULL_AND_OPEN_COMPETITION.docx

JUSTIFICATION FOR CONTRACTING OTHER THAN FULL AND OPEN

FOR THE OPERATION, MAINTENANCE & MODIFICATION

OF THE HUMAN STUDIES FACITLITY

CHAPEL HILL, NC

1. Agency: United States Environmental Protection Agency (EPA), Office of Research and Development (ORD), National Health Effects and Environmental Research Laboratory (NHEERL), Environmental Public Health Division (EPHD), Chapel Hill, NC.

Contracting Activity: RTP Procurement Operations Division, RTP, NC Solicitation: SOL-NC-15-00006

2. Nature and/or description of the action:

Title: Support the Operation, Maintenance & Modification of the Human Studies Facility

This justification for other than full and open competition (JOFOC) supports a three month extension of services to support the Operation, Maintenance and Modification of the Human Studies facility which conducts human subject research from the University of North Carolina at Chapel Hill Office of Human Research Ethics (UNC-OHRE) in accordance with the statutory authority at FAR 6.302-1. Option Period (IV) of this contract expired on 09/30/2015. At which time a one month extension to Option Period IV, extending the Period of Performance to 10/31/2015, was exercised in accordance with FAR 52.217-8. On October 26, 2015, an option was issued to extend services up to an additional three months, if needed, and extended the contract period of performance by two months to 01/31/2016. Additional time was still needed so the option to add the third month was incorporated and extended the period of performance to 02/29/2016. On February 2, 2016, the last month, out of the allowable 6 months, per the “Option to Extend” clause, was issued to extend the period of performance to 03/31/2016. This justification for Other than Full and Open Competition is being prepared to allow for an additional three month extension of the Period Of Performance through 6/30/2016.

3. Description of the Supplies or Services:

The US Environmental Protection Agency (EPA) has a requirement for continuation of services under the current contract, EP-D-10-095. The EPA intends to negotiate, on a sole source basis, with TRC Environmental Corporation (TRC), 5540 Centerview Drive, Raleigh, NC 27600, until a follow-on contract is awarded.

TRC currently provides the stated O&M support and modification to the Human Studies Facility (HSF) located on the medical campus of the University of North Carolina in Chapel Hill, North Carolina. Human subject research has been conducted at the HSF for the U.S. EPA under TRC’s contract , EP-D-10-095, over the last 5 years. The services required are essential for research experiments involving human subjects conducted by the National Health Effects and Environmental Research Laboratory (NHEERL) of the EPA Office of Research and Development and are required to continue without interruption as part of Federal Regulations for this type of research.

4. Estimated Value: $594,000.

Contract Line item (CLIN)

5. Authority:

Other than full and open competition is permitted by FAR 6.302-1 when supplies or services required by an agency are available from only one responsible source. The statutory authority for other than full and open competition is 41 U.S.C. 253(c).

6. Describe how the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

This is a unique facility with capabilities and capacities not found anywhere else. It was designed and built for the purpose of exposing human volunteers to controlled levels of air pollution. It contains seven human exposure test rooms and their associated support systems, two aerosol particle concentrators and exposure vessels, and three non-exposure test rooms. Supporting related research are four in-vitro exposure chamber pairs, and a climate controlled weigh room. The contract provides experienced, appropriately licensed and certified personnel, shop and administrative staff and equipment, supplies, instrumentation, spare parts and test equipment to operate, maintain and modify the facilities described above.

There are no other entities that have the capability of providing the level, breadth, and depth of support that are required by the HSF in order to maintain a fully functioning facility with the least amount of disruption.

7. Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable:

The Government is not stating that there are no other contractors who can support this O&M requirement. It is anticipated that a new contract award will be made within ninety (90) days. The Government is instead saying that considering the short period of performance contemplated within this extension, that no other contractors could transition this workload from TRC and efficiently continue performance without potential reduced services, increased costs, and unnecessary risks to the Government.

8. The Contracting Officer determines that the anticipated cost to the Government will be fair and reasonable because a complete analysis of all costs using audits, commerciality, previous history, or other appropriate means will be fully utilized prior to award.

Price for the three (3) month extension is utilizing current fixed monthly rates and will not be awarded unless a determination is made that the negotiated price is fair and reasonable.

9. Description of the market research conducted (see FAR Part 10). If no market research was conducted, state the reasons:

No additional market research for this requirement was conducted based on the reasons stated in paragraph 6 above.

10. Other facts supporting the use of other that full and open competition:

TRC is best suited for continuing to provide the above indicated services and support for the requested three month extension as they have the necessary infrastructure, personnel, supplies, and subcontractors already in place, fully functioning, and doing so will guarantee continuity of services for the HSF with the least amount of disruption at a reasonable price.

11. List sources that expressed, in writing, an interest in the acquisition. If no sources expressed an interest in writing indicate such:

No sources expressed interest in this requirement.

12. Include a statement of the actions, if any, the Agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

This three month extension of services is not an attempt by the Government to limit competition to the incumbent contractor but to provide additional time to complete the award of a follow-on contract.

A synopsis was published in FedConnect and Fedbizopp for fifteen (15) days from 3/9/2016 through 3/24/2016, as required by FAR 5.2, indicating EPA’s intent to negotiate with TRC.

13. Certifications, Review, and Approval

Technical Officer’s Certification:

I certify that the facts and representations stated in this justification are complete and accurate which forms the basis to award this requirement.

Technical Contracting Officer’s Representative

Concur:

I concur with the justification of the Technical Contracting Officer’s Representative.

Contract Specialist

Concur:

Contracting Officer, Team Lead

Approval:

I approve this Justification for Sole Source

Contracting Officer, Service Center Manager