Description
This is a bridge justification for other than full and open competition for EPA-Cincinnati (EPA-CIN) Operations & Maintenance (O&M) services under Contract Number 68HERC25D0016. EPA-CIN includes the following buildings: Main Campus - Andrew W. Breidenbach Environmental Research Center - Annex I - Annex II North Wing - Annex II West Wing - Full Containment Facility - Child Development Center Satellite Facilities - Center Hill Facility - Test and Evaluation Facility GSA Leased Buildings - EPA Warehouse & Publication Facilities - Environmental Response Team/National Decontamination Team - Boat Warehouse - Streams Facility The acquisition process for the O&M follow-on contract was set back by internal delays while developing the solicitation and discussions around a change in scope before the solicitation was released. The current O&M contract, 68HERC20D0020, was set to expire on September 30, 2024, and has been modified three (3) times to account for delays in the solicitation process. 68HERC20D0020 was extended from 9/30/2024 to 1/1/2025 on P00043, from 1/1/2025 to 3/1/2025 on P00046, and from 3/1/2025 to 3/31/2025 on P00048. The RFP for the O&M Follow-on was released on 9/24/2024 and has been amended seven (7) times to account for providing additional information, answering numerous vendor questions, providing missing CUI//PRIVILEGE Controlled by U.S. Environmental Protection Agency documentation and to extend the proposal due date at the request of multiple vendors. CAD is currently working with the COR and Program to answer additional vendor questions from Amendment 7. Revised proposals for the follow-on O&M are due April 4, 2025. CAD anticipates awarding the follow-on O&M contract in June 2025. These delays and the expiration of the current Operations and Maintenance contract necessitates the use of a bridge vehicle. This action will provide three months of operations and maintenance support services at the Cincinnati facilities and potentially one additional month of services. This would make the maximum potential life of the bridge contract 4 months. Therefore, a bridge contract through the end of June 2025 is necessary for the Cincinnati Facilities while the government completes the award of the new follow-on Operations and Maintenance contract. A description of the supplies or services required to meet the agency’s needs (including the estimated value): Operations and Maintenance responsibilities encompass a wide range of tasks aimed at ensuring equipment and assets operate efficiently, continuously, and safely. Duties include routine inspections, minor repairs, safety compliance, inventory management, and developing standard operating procedures including the following tasks: (1) Electrical systems and equipment, lighting, switchgear systems, and emergency generators; (2) Energy management control systems (EMCS), where applicable; (3) Heating, ventilation, and air conditioning (HVAC) systems and equipment, including associated air supply valves; (4) Air-handling/distribution equipment and systems; (5) Plumbing and domestic water equipment and systems, to include domestic water fountains and coolers. (6) Sanitary sewage and infectious waste equipment and systems; (7) Storm drainage equipment and systems; (8) Fire protection and life safety systems and equipment, including detection, notification, and communication systems, as well as monitoring service, including sprinkler systems, standpipes, backflow preventers, fire extinguishers, and fire pumps; (9) Special suppression systems, including fixed fire suppression systems such as kitchen hood and exhaust, and computer room systems; (10) All control systems that are within the scope of this contract, including the BAS; (11) Smoke control systems; (12) Fire doors and windows (including hinges, closers, and latching hardware); (13) Security gates (including all components, locks, and gates/arms), bollards, and security walls (including graffiti removal); (14) Architectural and structural systems, fixtures, and equipment within the site (to the property line); (15) Service request desk operations, to include record-keeping using the CMMS, as well as other administrative functions; (16) Anchors for window washing; (17) Dock levelers; CUI//PRIVILEGE Controlled by U.S. Environmental Protection Agency (18) Child Development Center playground equipment; (19) Parking lots (including the parking deck), parking lot surfaces, sidewalks, and illumination; (20) Information systems used, to include the communication and data lines necessary to operate the fire alarm monitoring, BAS, and access to the CMMS; (21) Cafeteria kitchen appliances and equipment; (22) Elevator cab interior lighting, controls, indicators, and motors; (23) Pest management; (24) Crane inspections; (25) Backflow preventer inspections; (26) Waste and recycling removal; (27) Fume hood and biological safety cabinet (BSC) certifications; (28) Facility signage; (29) Engineering design review and documentation; (30) Water treatment systems throughout the EPA-CIN facilities; (31) Operation, management, and cleaning of the storm water collection system (and pump) associated with the parking deck; (32) Care of Grounds (33) Above and underground storage tanks (34) Boiler Operations and maintenance of boilers (35) Painting/Carpentry services (36) Window washing services (37) Snow Removal Services The contractor shall continue to manage all daily operations and maintenance activities for the EPA-CIN facilities. The most critical of these tasks is 24/7 boiler operation at the AWBERC facility The period of performance for this extension includes a base period from April 1, 2025 – June 30, 2025, with an optional period of performance from July 1, 2025 – July 31, 2025. The estimated value, developed through an IGCE, with all options is $1,810,260.92. The IGCE used the same monthly rates as the previous extensions. An identification of the statutory authority and FAR provision permitting other than full and open competition: The statutory authority permitting other than full and open competition is 41 U.S.C. §3304(a)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2 “Unusual and Compelling Urgency.” A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority. There cannot be a lapse in service with operation and maintenance support services due to concern for the health and safety of the employees that perform their mission essential duties at the EPA Cincinnati locations, contractors and consultants that CUI//PRIVILEGE Controlled by U.S. Environmental Protection Agency support EPA at EPA-CIN facilities, visitors to these facilities, and for the systems and equipment and other real and personal property housed in these facilities. The Government could face serious health, safety, and liability issues if an operations and maintenance support contract is not in place to maintain critical operation and maintenance support services such as Boiler Operations; Information systems used, to include the communication and data lines necessary to operate the fire alarm monitoring, Building Automation System (BAS), and access to the Computerized Maintenance Management System (CMMS); Security gates (including all components, locks, and gates/arms), bollards, and security walls (including graffiti removal); All control systems; and Electrical systems and equipment, lighting, switchgear systems, and emergency generators at the EPA Cincinnati facilities. The amount of time it would take to solicit, evaluate and award the bridge O&M contract to another 8(a) contractor is unfeasible. The current contract expires on March 31, 2025 and the new 8(a) contractor would need to be onsite by April 1, 2025 with the operational knowledge of the many complex systems and assets within the EPA-CIN facilities and have a competent and qualified staff that has passed all necessary security clearances to work onsite which can take up to 2-3 weeks. The bridge contract base period of performance is three (3) months long and the Performance Work Statement, under Section 3.17, requires the contract to be completely staffed within 90 days after award which would take up the entire base period. Dawson is the incumbent O&M contractor and already has the knowledge, experience, security clearances of personnel, and capabilities to perform all current operation and maintenance tasks for the facility. A bridge contract to the current contractor is the only feasible solution to ensure there is not a gap in service while the government evaluates and awards the follow-on Operations and Maintenance contract. 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 5.202(a)(2), the proposed contract action is made under the conditions and authority at FAR 6.302-2, unusual and compelling urgency. The Government would be seriously injured if the agency complies with the time period specified at FAR 5.203, which is 15 days. As stated above, the agency requires operation and maintenance services beginning on April 1, 2025, to protect the health and safety of employees and other facility occupants, as well as systems and equipment and other real and personal property at EPA facilities. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: CUI//PRIVILEGE Controlled by U.S. Environmental Protection Agency The current contractor’s pricing is based on an established Collective Bargaining Agreement and is in alignment with the governments IGCE. The labor and fringe rates in the IGCE are taken from the Collective Bargaining Agreement between Dawson Solutions, LLC and International Union of Operating Engineers as well as the most recent Department of Labor Service Contract Act Wage Determination in the current contract those rates are used for the coming base period, since those rates are effective when the contract is scheduled to be awarded. Labor and fringe rates are escalated at a 3.5% increase per year in the following option periods. The materials cost (Other Direct Costs) in the IGCE is based on historical cost information from the current contract and historical data averages. Material costs have not been escalated based on the consistency over the past five years. The cost estimated for profit/overhead/handling are based on current contract costs and are in line with other contracts currently in force and general industry rates. 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 and the results or a statement of the reason market research was not conducted: Market Research was not conducted due to the fact this is a bridge justification based on unusual and compelling urgency. The current contractor is available to perform the required services. There are no other feasible options available to avoid a gap in service. Any other facts supporting the use of other than full and open competition. It would not have been practical for the EPA to have an open competition for a 3-month bridge extension for O&M services. CAD believed the extensions provided on P00043 and P00046 would provide enough time to evaluate and award the follow-on O&M contract. By the time the third extension was modified into the contract CAD would not have the necessary time to compete and award a bridge contract and have the awardee employ a competent and qualified workforce to take over O&M duties at the EPA-CIN facilities on April 1, 2025. Given the investment in time and cost to do so, and the uncertainty of whether the offeror would have the contract longer than a few months, it’s also very unlikely that anyone would have submitted quotes or proposals. In addition, focusing EPA’s limited resources on competing a very short extension would not have been an efficient use of those resources particularly if those resources would otherwise have been used to complete the current follow-on procurement. A listing of any sources that expressed a written interest in the acquisition. On March 19, 2025, a Notice of Intent to Sole Source was posted in error to FedConnect and SAM/FBO. Four sources, CAS FSE JV3, Calderon Enterprises, CUI//PRIVILEGE Controlled by U.S. Environmental Protection Agency North Wind Company and TJS Group, responded to that posting, expressing an interest. The CAS FSE JV3 did not provide a capability statement or any documentation on how it may be prepared to perform by April 1, 2025. Calderon Enterprises, North Wind Company and TJS Group provided 1-2 page capability statements that were evaluated by the CORs and were evaluated as not confident that any of these offerors would be capable of successfully carrying out O&M services at an acceptable service level starting April 1, 2025. A statement of any actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated. As discussed above, the competition for a new Operations and Maintenance contract is currently in process. CUI//PRIVILEGE Controlled by U.S. Environmental Protection Agency Certification The information contained in this justification for other than full and open competition is certified accurate and complete to the best of my knowledge and belief. Contracting Officer Representative: I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate. ____________________ __________ Signature Date Contracting Officer: I certify that this justification is accurate and complete to the best of my knowledge and belief. ____________________ __________ Signature Date The technical or requirements personnel are required to certify each justification as to its accuracy and completeness. By signing the justification the Contracting Officer certifies that the facts and statements made are accurate and complete CUI//PRIVILEGE Controlled by U.S. Environmental Protection Agency Reviews and Approvals (See FAR 6.2, 6.3 and 6.5 for review and approval requirements under specific circumstances) Activity Competition Advocate (if > $750,000): I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this JOFOC does not exceed $12.5M, this review serves as approval (cross out if over $12.5M). ____________________ __________ Signature Date ____________________ __________ Signature Date