JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC) Research Triangle Park (RTP) Facilities Operations & Maintenance Support Services Extension

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)
Research Triangle Park (RTP) Facilities Operations & Maintenance Support Services

Proposed Action: To execute the six-month contract extension pursuant FAR 52.217-8 Option to Extend Services (October 1, 2026 - March 31, 2027).

Statutory Authority: 41 U.S.C. 3304(a)(1) - only one responsible source (RFO FAR 6.103-1)

1. Agency and contracting activity
U.S. Environmental Protection Agency, Office of Acquisition Solutions, Construction, Finance, Administrative and Interagency Agreements Division (CFAIAD), Construction, A/E Branch, Section 1 (Regions 1-4), Cincinnati, Ohio.

2. The nature and description of the actions being approved
The purpose of this justification for other than full and open competition is to execute the extension of services clause pursuant to FAR 52.217-8 that was not evaluated as part of the original contract award. Contract 68HERD21D0001 is a single-award indefinite-delivery / indefinite-quantity (ID/IQ) hybrid contract (RFO FAR Subpart 16.5) for operations and maintenance of the EPA Research Triangle Park campus.

Contract Number: 68HERD21D0001
Contractor: VGS Infrastructure Services, Inc.
UEI: M3F3BNAJHDN5
Estimated dollar amount of the modification: REDACTED

The estimated dollar amount of the modification is depicted in the table below:(REDACTED/See Attached)

3. A description of the supplies or services required to meet the agency’s needs
The Agency requires continuation of operations and maintenance support services (facility repair, replacement, and construction) on a twenty-four-hour, seven-day-a-week basis at RTP facilities provided both on the basic contract and under existing task orders that have schedules extending beyond the current completion date of the contract. This includes providing comprehensive management, training, licensed personnel with facility access, tools, and labor necessary to perform all functions, operations, and tasks. Specific critical areas of the PWS are the routine inspection and monitoring of the facility infrastructure, including electrical, plumbing, and HVAC systems. Maintaining the building automation systems (BAS) controls. Emergency response preparedness, such as backup power, fire protection system maintenance, chemical spills, water damage/leaks, and inclement weather. Without ongoing support for these functions, the risks to personnel health, government property, and ongoing research would be unacceptable. Please refer to the attached contract performance work statement for a complete description of the support required under the contract.

4. Statutory authority
41 U.S.C. 3304(a)(1) - the supplies or services are available from only one responsible source, and no other supplies or services will satisfy agency requirements, as implemented at RFO FAR 6.103-1 (the successor to FAR 6.302-1 under the Revolutionary FAR Overhaul, adopted at EPA by class deviation IPN 25-06 / RFO-2025-06).

5. A statement demonstrating the unique qualifications of the contractor or the nature of the actions requiring use of authority
Due to the critical nature of the RTP facilities operation and maintenance support services provided via this contract, a lapse in services cannot occur. Any interruptions to the services required to maintain buildings on the campus that house active laboratories present unacceptable operational and safety risks to the Agency and employees who occupy these spaces. In accordance with FAR 52.217-8, because the six-month extension was not evaluated in the initial competition, the Government does not treat its exercise as pre-competed and instead justifies it here as available from only one responsible source.

Only the current contractor, VGS Infrastructure Services, Inc., can provide uninterrupted continuation of the required services. VGS infrastructure Services, Inc, possesses the necessary site clearances, staffing, infrastructure, and institutional knowledge necessary to continue to support and execute the contract requirements for the short period of time authorized under FAR 52.217-8, until a follow-on contract is awarded. Securing these critical support services from an alternative source would require the execution of a competitive procurement process that cannot be awarded before the current contract period of performance expiration on September 30, 2026. No other source can complete the
in-progress tasks/services under the current orders and any other source would be required to begin the work again. Furthermore, re-procuring the unfinished balance of non-severable services that are currently underway under existing task orders issued pursuant to the ID/IQ portion of the contract, is not feasible and would result in the termination of these tasks for the Government’s convenience, the need to reprocure unfinished construction projects with divided design responsibility, duplicated mobilization expense, and warranty fragmentation on installed equipment. Another contractor would need to obtain the necessary site-security clearances which would result in months of unacceptable delays on systems serving active laboratories. The costs incurred by the Government to reprocure this requirement before the current expiration date are not in the best interest of the Government and would likely exceed the price of the contemplated extension. The requested extension is for a six-month period, priced at the contract’s existing competed rates, which were previously negotiated and determined fair and reasonable.

6. A description of efforts to ensure that offers were solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by FAR Part 5 and, if not, which exception under Part 5 applies.
A Notice of Intent for Sole Source Modification was posted on SAM.gov on August 27, 2026, and closed on September 11, 2026. No sources other than the current contractor were solicited due to the Government’s need to maintain uninterrupted continuation of the incumbent’s services. Moreover, by its own terms, FAR 52.217-8 applies only to the current contractor. The underlying contract was placed under the competitive procedures applicable at award and FAR 52.217-8 was included in the solicitation for the contract. Therefore, potential offerors were on notice that EPA might exercise the option.

7. The anticipated dollar value and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable
The Contracting Officer determines the anticipated cost associated with this extension to be fair and reasonable. The extension costs are based on the contractor’s existing Option Period IV pricing for a total increase of (Redacted) for the six-month extension period. In accordance with 52.217-8, it is noted there may be potential for variance subject to any adjustments the Department of Labor issues to the prevailing labor rates.

8. The market research conducted and the results or a statement of the reason market reach was not conducted.
Formal market research for this action was not conducted, as market research would not result in an alternative source of service. Extensive market research has been conducted relative to the follow-on acquisition in accordance with RFO FAR 10.001 and the follow-on contract will be competed as full and open competition.

9. Any other facts supporting the use of other than full and open competition

• a) Basis for Exercise of FAR 52.217-8. At the time of contract award, the Government did not request or receive pricing associated with the FAR 52.217-8 six-month extension, and therefore it was not evaluated. Consistent with GAO’s treatment of unevaluated options, the Government therefore does not rely on the option’s pre-competed status. It instead justifies the extension under 41 U.S.C. 3304(a)(1) as available from only one responsible source. The procedural requirements for exercising the clause have otherwise been satisfied. Written preliminary notice of the Government’s intent to extend was furnished to the contractor on July 20, 2026 - seventy-two days before the current period ends on September 30, 2026 - and was acknowledged by the contractor the same day. The exercise will be executed by unilateral modification before the current period expires. The six-month extension exhausts the clause. No further extension is available under FAR 52.217-8.
• b) Period. The six-month extension period aligns with the procurement schedule. Acquisition planning for the follow-on procurement was temporarily halted due to the departure of personnel whose roles were essential to the procurement process which necessitated adjustments to the procurement strategy. This extension will allow for the needed transition phase-in/phase-out period from the current incumbent contract to the new successor contract. Because O&M services support vital EPA building infrastructures, the transition is critical to prevent operational disruptions.

10. A listing of the sources that expressed, in writing, an interest in the acquisition
No additional sources have expressed an interest in performing these services and as explained above, no other source could practicably provide the required services under a six-month bridge. Sources interested in the follow-on requirement will be able to compete under the follow-on acquisition.

11. A statement of the actions the agency may take to remove or overcome barriers to competition before any subsequent acquisition.
The Government’s continuing requirement will be satisfied through a competitive follow-on acquisition, which is currently in the acquisition planning phase. Market research will be conducted in accordance with RFO FAR 10.001. It is anticipated that the recurring severable services will be transitioned to the follow-on vehicle no later than March 31, 2027. The requested extension will not extend the incumbent’s ordering rights or impede competition for the re-procurement effort.