Chiller Replacement and Controls Upgrades for NOAA, Atlantic Oceanographic and Meteorological Laboratory, Miami, FL

NOTICE OF INTENT TO SOLE SOURCE The government has conducted market research and determined that only one available source can (1) perform Design-Build construction services for removal and replacement of the existing aged and failing heating, ventilation, and air conditioning (HVAC) chiller and for upgrade of the related controls system at the Atlantic Oceanographic and Meteorological Laboratory, Miami, FL; can (2) provide contractor financing of the entire project in advance; and can (3) accept a task order for a Utility Energy Service Contract (UESC) against a General Services Administration (GSA) Areawide Public Utility Contract (APUC) that will permit repayment of the financed amount through ongoing electrical energy cost-savings achieved as a direct result of the HVAC equipment upgrades. Consequently, the Government intends to solicit and negotiate a contract with Florida Power and Light Company (FPL) of West Palm Beach, FL, on a sole-source basis because it is the only source that has demonstrated the ability to accomplish all aspects of this requirement. This acquisition will be issued in accordance with Section 303(c)(1) of the Federal Property and Administrative Services Act of 1949, as amended by the Competition in Contracting Act, 10 U.S.C. 2304(c)(1), and is implemented by Federal Acquisition Regulation (FAR) 6.302-1, which authorizes other than full and open competition when there is only one responsible source and no other supplies or services will satisfy the agency's requirements. The potential award shall be for a firm, fixed-price task order against the current GSA APUC with FPL that includes contractor financing in advance and Government repayment over a 15-year period through energy cost savings under a UESC. Statutory authority 42 USC 8256, stemming from the Environmental Policy Act (EPAct) of 1992, allows agencies to enter into agreements with a local utility company within the utility company's service area to design and implement cost-effective demand and conservation incentive programs (including energy management services, facilities alterations, and the installation and maintenance of energy saving devices and technologies) and to take advantage of that utility company's offer to provide advance financing of such projects. In accordance with 42 U.S.C. - 8256(c), only utility companies that are willing and able are permitted to enter into a UESC under this statute at a particular site. FPL is the only electrical utility authorized by the State of Florida to provide electrical service in the Miami-Dade County area. Consequently, FPL is the only electrical utility company able to enter into a UESC with AOML for the required chiller replacement and controls upgrades. Additionally, under its APUC with GSA, FPL is allowed to accept one-time task orders for construction projects to directly reduce energy use and diminish the carbon footprint of participating federal facilities. Payment of the financed design and construction costs is accomplished through savings in the recurring monthly electrical service costs that result from the increased efficiency and effectiveness of the new chiller and associated controls improvements. The anticipated design and construction performance period is 300 days after contractor receipt of the notice to proceed. All responsible sources that believe they can provide these design, construction, and finance services may submit a capability statement, proposal, or quotation, which shall be considered by the agency if received by 4:30 p.m. Central time on March 13, 2015. Responses may be sent electronically to Jane Cerda at jane.d.cerda@noaa.gov. The response must address the following aspects of this requirement: (1) A current GSA APUC covering Miami-Dade County, FL, that (2) includes a Utility Energy Service Contract (UESC) feature, and (3) allows advance contractor financing with repayment through electrical utility cost savings.