J--Provide Seawater System Maintenance

U.S. Environmental Protection Agency
Justification for Other than Full and Open Competition

This is a single source acquisition, pursuant to the requirements of RFO 12.102(a): For acquisitions valued at or below the simplified acquisition threshold (SAT), document the decision that only one source is available and the basis of the decision, in accordance with RFO FAR 6.103(a), see 10 U.S.C. 3204 and 41 U.S.C. 3304.

1. Contracting Activity: Environmental Protection Agency; Office of the Chief Procurement Officer; Water, Tribal, and Science Division.

2. Nature and/or description of the action: This procurement provides operations and maintenance for the agency-owned laboratory seawater pumping and holding system in Newport, OR. The period of performance is a 12-month base plus four 12-month option years.

3. Description of the Supplies or Services: This system provides raw and filtered seawater to laboratories for various research projects. The operating and maintenance expenses are based upon proportional usage and seawater delivered which is currently 88% OSU and 12% EPA and adjusts as necessary.
4. Authority: [Check appropriate exception.]
Exception (* = abbreviated)[x ] Single Source
FAR Cite: FAR 6.103-1(b)(1)

5. Describe how the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited: The EPA and Oregon State University entered into an agreement in 1988 which provided land at the Marine Science Center for the Agency to construct a coastal research facility. In return for this land acquisition, EPA agreed to build a library for the Center and construct the seawater system. Although owned by the EPA, the seawater system is an integral part of the Hatfield Marine Science Center which is part of the Oregon State University system and such is under control of the University, thus making the Oregon State University the only reasonable source available.

6. Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable: N/A

7. The contracting officer determines that the anticipated cost to the Government will be fair and reasonable: A complete analysis of costs using previous history and COR knowledge concludes that the cost is fair and reasonable.

8. Description of the market research conducted (see FAR Part 10). If no market research was conducted, state the reasons: This is a sole source requirement based on an existing agreement between the Hatfield Marine Science Center (HMSC) and the US EPA for the operation of an agency-owned seawater system that is located on the HMSC Campus, owned by the University of Oregon.

9. Other facts supporting the use of other than full and open competition. N/A

10. List sources that expressed, in writing, an interest in the acquisition. If no sources expressed an interest in writing, indicate such. N/A

11. 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. N/A

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.