Description
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (BRIDGE) In accordance with FAR Subpart 6.302-1 for Janitorial/Custodial Services for EPA Research Triangle Park Campus (Contract No. 68HERC24C0045) This document is being prepared pursuant to the content requirements prescribed in Federal Acquisition Regulation (FAR) Subpart FAR 6.303-2(b) and Environmental Protection Agency Acquisition Policy (EPAAP) Subsection 6.3.1 –Bridge Justification for Other Than Full and Open Competition (January 2018). Identification of the agency and contracting activity: U.S. Environmental Protection Agency (EPA), Office of Mission Support, Office of Acquisition Solutions (OAS), Cincinnati Acquisition Division (CAD) Nature and/or description of the action being approved: This is a bridge justification for other than full and open competition for a requirement for commercial custodial maintenance services to assist the Environmental Protection Agency (EPA) to support its facilities located in Research Triangle Park (RTP) and Chapel Hill, North Carolina under Contract 68HERC24C0045. A description of the supplies or services required to meet the agency’s needs (including the estimated value): The contractor shall continue to provide custodial maintenance services, five days a week, Monday through Friday, and occasional weekend work as required, for three locations involving eight building locations to include the following types of space: office, cafeteria, classroom, computer room, fitness center, library, research lab, patient treatment area, utility, vending, washrooms, and an early learning center. Services will be both interior and exterior in nature. This is an extension of the bridge which was in effect from April 1, 2024-March 31, 2025. The current, additional period of performance may vary between the main RTP campus and Chapel Hill facility. The EPA anticipates ending its lease at the Chapel Hill facility prior to August 1, 2025, and as a result, the Agency would no longer be required to provide custodial services; however, the exact lease exit date has not yet been determined. The EPA may exit the Chapel Hill lease any time between April 1, 2025, and July 31, 2025. Therefore, while the extension of services for the main RTP Campus is planned for April 1, 2025 – May 31, 2025, services may need to be extended at Chapel Hill from April 1, 2025 – July 31, 2025. However, Chapel Hill services will be structured as four one-month options to provide EPA maximum flexibility in ending its Chapel Hill Lease. The estimated value for this action, assuming the exercise of all potential options, is $475,873.24. An identification of the statutory authority and FAR provision permitting other than full and open competition: 41 U.S.C. §3304(a)(2); FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited: There cannot be a lapse in service with custodial services due to concern for the health and safety the employees that perform their mission essential duties at the EPA RTP locations. The Government could face serious health, safety, and liability issues if a contract is not in place to maintain custodial services at the RTP facilities. A bridge contract to the current contractor is the only feasible solution to ensure there is not a gap in service while the government implements corrective action in response to Government Accountability Office (GAO) protest B-422523 filed by DSTA, LLC. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies: In accordance with FAR 6.302-1(d)(2), the notice required by FAR 5.201 was published on March 12, 2025 and any capability statement, proposal, or quotation, received shall be considered by the agency. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The current contractor’s pricing is based on an established Collective Bargaining Agreement. Therefore, this extension would be based on the current pricing for the services which was determined to be fair and reasonable at the time of award and shall remain in effect during the bridge contract. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted: After evaluating the market, and given the size and scope of the requirement, it is the Agency’s belief that no contractor other than the incumbent can be in place to satisfactorily perform these services by 04/01/2025. The current contractor is available to perform the required services. There are no other feasible options available to avoid a gap in service. However, as noted above, the agency shall consider any capability statement, proposal, or quotation received in response to its synopsis of proposed contract action. Any other facts supporting the use of other than full and open competition: N/A A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. No sources have expressed an interest in this acquisition. The agency will consider and evaluate any capability statement, proposal, or quotation received in response to its synopsis of proposed contract action. 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. The acquisition process was delayed by a situation outside of the control of the government which necessitates the use of a bridge vehicle. The government awarded an initial bridge for one-month plus a one-month option, with three additional extensions (1. an additional three-months with a one- month option; 2. an additional three months; 3. another additional three months) for a total of 12 months. This action is for an additional two months at the RTP campus and potentially four additional months of services at only the Chapel Hill facility (structured as four one-month options). This would make the maximum potential life of the bridge contract 16 months, but no less than 14 months. The government received protest B-422523 which was filed with the Government Accountability Office (GAO) by DSTA, LLC on April 15, 2024. After discussions with the technical evaluation panel and the Office of General Counsel, it was determined that the government would take corrective action, which included a solicitation revision, receipt of revised proposals, a revised evaluation of proposals, and award determination. The initially awarded contract was terminated for convenience on May 15, 2024. The technical evaluation team prepared revised solicitation documents, and the revised solicitation was issued on September 04, 2024. Revised proposals were received October 04, 2024, and the technical evaluation team met to evaluate proposals and develop a new award. However, the requirement needed to be revised once again because the EPA will not be providing custodial support at the Chapel Hill facility in 2025. Additional scope adjustments were required by the program office. The issuance of a solicitation amendment capturing the removal of Chapel Hill support and all other required scope changes is planned by no later than March 31, 2025, with revised proposals estimated to be received by April 21, 2025. A resulting new contract award will be made expeditiously following receipt of proposals, no later than May 31, 2025. Therefore, a bridge contract through the end of May 2025 is necessary for the RTP Main Campus while the government completes these corrective actions. As noted above, custodial services for the Chapel Hill facility are no longer a part of the planned new contract because the EPA will no longer be a leaseholder at the facility or be responsible for providing facility services. This change to EPA’s role at the facility could occur before the planned new award date (appx. 05/31/2025), or shortly thereafter (June 2025 – July 2025). Therefore, four one-month options for service extensions at Chapel Hill (April 2025, May 2025, June 2025, July 2025) will give EPA the greatest strategic flexibility and the lowest possible cost. The Contracting Officer certifies that this justification is accurate and complete to the best of his knowledge and belief. Prepared by Greg Forrest, Contracting Officer JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (BRIDGE) In accordance with FAR Subpart 6.302-2 for Janitorial/Custodial Services for EPA Research Triangle Park Campus (Contract No. 68HERC24C0045) Reviewed By: Agency Advocate for Competition APPROVED: ______________________________ _______________ Pamela D. Legare Date Director, Office of Acquisition Solutions (OAS) Head of Contracting Activity and Senior Procurement Executive