Operations & Maintenance Services for EPA Cincinnati Contract No. 68HERC25D0016

JUSTIFICATIONFOROTHERTHANFULLANDOPENCOMPETITION (BRIDGE EXTENSION) In accordance with FAR6.103-11 for Operations and Maintenance Services for EPA Cincinnati Contract No. 68HERC25D0016 Identification of the agency and contracting activity. United States Environmental Protection Agency (EPA), Office of Mission Support (OMS),OfficeofAcquisitionSolutions (OAS),Cincinnati Acquisition Division (CAD) The nature and/or description of the action being approved: This is a justification for other than full and open competition to extend the period of performance for the EPA- Cincinnati(EPA-CIN) Operations&Maintenance(O&M) services Bridge Contract (68HERC25D0016). The EPA-CIN facilities include the following buildings: Main Campus AndrewW.BreidenbachEnvironmental 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 EPAWarehouse & Publication Facilities Environmental ResponseTeam/National Decontamination Team Boat Warehouse Streams Facility The previous Cincinnati O&M contract (68HERC20D0020) was awarded on December 27, 2019. The expiration date for the contract was September 30, 2024. On January 17, 2024, EPA began the acquisition process for the follow-on contract. 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. On September 24, 2024, Solicitation 68HERC24R0246 for the follow-on contract was publicly released. The solicitation was amended seven times to provide additional information, answer numerous vendor questions, provide missing documentation and to extend the proposal due date at the request of multiple vendors. These amendments resulted in further delays to the acquisition process. As noted above, the previous O&M contract was set to expire on September 30, 2024. It was modified three (3) times in accordance with the Option to Extend Services clause on account of these delays in the solicitation process. The contract was extended from 9/30/2024 to 1/1/2025 through modification P00043, from 1/1/2025 to 3/1/2025 through modification P00046, and from 3/1/2025 to 3/31/2025 through modification P00048. After the six-month Option to Extend Services was utilized, an initial O&M bridge contract, 68HERC25D0016, was awarded on 3/31/2025 with a three-month base period of performance (POP) and a one- month option period. The base period had an expiration date of 6/30/2025. The option period expired on 07/31/2025. On April 22, 2025, CAD received an Agency-Level Protest from an offeror on the O&M Follow-On solicitation (68HERC24R0246). On May 21, 2025, the Contracting Officer provided the offeror the agency's response denying the protest and giving the offeror 10 calendar days to request a review of the decision by the Head of the Contracting Activity in accordance with the Agency's bid protest procedures. The offeror did not appeal the agency decision through the right to request a review. However, the acquisition process was further delayed due to the protest; therefore, the optional period for 68HERC25D0016 was exercised through modification P00004 extending the bridge contract until 7/31/2025. On July 31, 2025, EPA issued a JOFOC to extend the bridge contract an additional two months. At that time EPA believed two months would be enough time to finish developing a competitive range, conduct discussions, evaluate revised proposals, and award the follow-on O&M contract. On July 31, 2025, Modification P00006 was issued extending the bridge contract until 9/30/2025. EPA will not be able to make an award before 9/30/2025; EPA anticipated having the competitive range decision and discussion interviews completed in July but due to the extended amount of time it took to complete the decision document and the number of technical comments requiring TEP review the competitive range decision is still being revised. Accordingly, an extension of three additional months is needed to allow the Cincinnati Acquisition Division to finalize a competitive range decision, open discussions, evaluate final proposals and develop the award. CAD anticipates awarding the follow-on O&M contract by December 31, 2025. These delays, the protest, and the expiration of the current Operations and Maintenance contract necessitates another period of performance extension. This action will provide three months of operations and maintenance support services at the Cincinnati facilities. Therefore, a bridge contract through the end of December 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: Electrical systems and equipment, lighting, switchgear systems, and emergency generators; Energy management control systems (EMCS), where applicable; Heating, ventilation, and air conditioning (HVAC) systems and equipment, including associated air supply valves; Air-handling/distribution equipment and systems; Plumbing and domestic water equipment and systems, to include domestic water fountains and coolers. Sanitary sewage and infectious waste equipment and systems; Storm drainage equipment and systems; 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; Special suppression systems, including fixed fire suppression systems such as kitchen hood and exhaust, and computer room systems; All control systems that are within the scope of this contract, including the BAS; Smoke control systems; Fire doors and windows (including hinges, closers, and latching hardware); Security gates (including all components, locks, and gates/arms), bollards, and security walls (including graffiti removal); Architectural and structural systems, fixtures, and equipment within the site (to the property line); Service request desk operations, to include record-keeping using the CMMS, as well as other administrative functions; Anchors for window washing; Dock levelers; Child Development Center playground equipment; Parking lots (including the parking deck), parking lot surfaces, sidewalks, and illumination; Information systems used, to include the communication and data lines necessary to operate the fire alarm monitoring, BAS, and access to the CMMS; Cafeteria kitchen appliances and equipment; Elevator cab interior lighting, controls, indicators, and motors; Pest management; Crane inspections; Backflow preventer inspections; Waste and recycling removal; Fume hood and biological safety cabinet (BSC) certifications; Facility signage; Engineering design review and documentation; Water treatment systems throughout the EPA-CIN facilities; Operation, management, and cleaning of the storm water collection system (and pump) associated with the parking deck; Care of Grounds Above and underground storage tanks Boiler Operations and maintenance of boilers Painting/Carpentry services Window washing services Snow Removal Services The contractor will 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 bridge contract's optional period has been exercised, and this extension will provide an additional three months to that optional period. The period of performance for the O&M bridge contract, after the extension modification, is December 31, 2025. The estimated value for the additional three months of O&M support services is $1,245,195.69. The difference between the monthly price on previous extensions and this extension is due to required collective bargaining agreement (CBA) raises and an increase in preventative maintenance costs on the Substation Transformers and Associated Breakers, Switches and Sensors in the AWBERC facility. 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)(1) as implemented by the FAR 6.103-1 (deviated text) (see footnote 1 above) - 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. 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 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 September 30, 2025, and the new 8(a) contractor would need to be onsite by October 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 have passed all necessary security clearances to work onsite which can take up to 2-3 weeks. The bridge contract will be extended by three months, October 1, 2025 - December 31, 2025. 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 period of performance of this bridge contract extension. Dawson is the incumbent O&M contractor and is uniquely qualified as the only responsible source that can be prepared in a tight timeframe with the knowledge, experience, security clearances of personnel, and capabilities to perform all current operation and maintenance tasks for the facility. A modification extending the end of the period of performance of the bridge contract to the current contractor is the only feasible solution to ensure there is not a gap in service while the government finalizes the award of 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: The notice required by FAR 5.201 will be published on or about September 12, 2025, and in accordance with FAR 6.103(d)(1) (deviated text) (see footnote 1 above), 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 and is in alignment with the government's 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 bridge contract. The rates referenced above were also used for this three-month extension since those rates will be effective when the bridge contract extension is scheduled to be awarded. The materials cost (Other Direct Costs) in the IGCE are based on historical cost information from the previous O&M contract, the current bridge contract, and historical data averages; preventative maintenance costs did rise due to systems on a three-year cycle needing to be addressed during this extension. 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 the initial Bridge contract costs and are in line with general industry rates. Therefore, this extension would be based on the Bridge Contract pricing for the services which were determined to be fair and reasonable at the time of award of the bridge contract and the previous bridge contract extension and shall remain in effect during this bridge contract extension. Accordingly, the anticipated cost of this three-month bridge extension is also fair and reasonable. 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 because there are no other feasible options available to avoid a gap in service and because the current contractor is available to perform the required services. Any other facts supporting the use of other than full and open competition. It would not be practical for the EPA to have an open competition for a 3 - month bridge extension for the O&M services required under this JOFOC. There is simply not enough 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 October 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 three months, the risk is high that another proposal would not be submitted. In addition, focusing EPA's resources on competing a very short extension would not be 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. No interest has been received from contractors providing O&M and facilities support work for this extension at this time. Interest was received on the current Bridge Contract from contractors Calderon Enterprises, North Wind Company, and TJS Group. All three contractors provided 1'2-page capability statements that were evaluated by the technical experts. Their evaluation concluded with a determination that none of these vendors would be capable of successfully carrying out O&M services at an acceptable service level for the start of the Bridge Contract. A notice of intent to sole source was posted on September 12, 2025. The agency did not receive any responses or capability statements for review. 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.