MODIFICATION
Z -- JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (BRIDGE EXTENSION)Operations & Maintenance Services for EPA Cincinnati Contract No. 68HERC25D0016
- Notice Date
- 1/7/2026 12:24:43 PM
- Notice Type
- Justification
- NAICS
- 561210
— Facilities Support Services
- Contracting Office
- WATER, TRIBAL & SCIENCE DIVISION Cincinnati OH 45268 USA
- ZIP Code
- 45268
- Solicitation Number
- 68HERC25D0016-012026
- Archive Date
- 02/06/2026
- Point of Contact
- Ingram, Mark, Phone: 5135697193, Candice Charlton, Phone: 5134872007
- E-Mail Address
-
Ingram.Mark@epa.gov, Charlton.candice@epa.gov
(Ingram.Mark@epa.gov, Charlton.candice@epa.gov)
- Award Number
- 68HERC25D0016
- Award Date
- 12/27/2019
- Description
- JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (BRIDGE EXTENSION) In accordance with FAR 6.103-21 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 Finance and Administration (OFA), Office of the Chief Procurement Officer (OCPO), Construction, Finance, Administrative and Interagency Agreement Division (CFAIAD) 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 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 1 This reference is to deviated Federal Acquisition Regulation (FAR) language for FAR Part 6, as implemented through Environmental Protection Agency (EPA) Interim Policy Notice (IPN) 25-06, Federal Acquisition Regulation (FAR) Class Deviation, RFO-2025-06, for FAR Part 6 in Support of Executive Order 14275 on Restoring Common Sense to Federal Procurement. 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 September 30, 2024, to January 1, 2025, through modification P00043, from January 1, 2025, to March 1, 2025, through modification P00046, and from March 1, 2025, to March 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 April 1, 2025, with a three-month base period of performance (POP) and a one-month option period. The base period had an expiration date of June 30, 2025. The option period had an expiration date of July 31, 2025. On April 22, 2025, the Cincinnati Acquisition Division 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 July 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 September 30, 2025. On September 29, 2025, EPA issued a JOFOC to extend the bridge contract an additional three months. 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 was not completed in time to release discussion interrogatories, evaluated revised proposals, prepare, and award the new O&M contract by the September 30, 2025 expiration. On September 29, 2025, modification P00007 extending the O&M Bridge Contract to December 31, 2025, was issued. In accordance with Interim Policy Notice (IPN) 25-01 and IPN 25-02, EPA Contracting Officers were required to revise existing contracts and in process solicitations to bring them into compliance with Executive Orders (EO), EO 14173 and EO 14168. Therefore, a solicitation amendment is necessary to ensure that the resultant award complies with the cited EOs. Further, in accordance with FAR 1.107(d)(2) (RFO Version), CO�s may �include . . . FAR changes in solicitations issued before the effective date, provided award of the resulting contract(s) occurs on or after the effective date.� As the government is currently amending subject solicitation as required by IPNs cited above to comply with EOs, the government is also amending the solicitation to include the deviated clauses from the RFO. EPA will not be able to make an award before the current December 31, 2025 expiration as an extension is necessary to allow time for the amendment to the solicitation to be issued, to allow offerors an opportunity to acknowledge receipt and then to provide adequate time for award and contract transition. The need to update provisions/clauses to come into compliance with the Executive Orders, the transition time, and the expiration of the current Operations and Maintenance contract necessitates another period of performance extension with unusual and compelling urgency. Accordingly, an extension of one additional month, with a one-month option period, is needed to allow the Contracting Officer the time to finalize a new solicitation amendment, allow offerors time to review and acknowledge, and to award and transition to the new O&M contract. The Contracting Officer anticipates awarding the follow-on O&M contract in January 2026. 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 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 bridge contract�s optional period has been exercised, and this extension will provide an additional month to that optional period. The period of performance for the O&M bridge contract, after the extension modification, is April 1, 2025 � January 31, 2026, with an option to extend to February 28, 2026. The estimated value for the additional months of O&M support services is approximately (REDACTED). An identification of the statutory authority and FARprovision 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 6.103-2 �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 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 December 31, 2025 and the new 8(a) contractor would need to be onsite by January 1, 2026, 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 one (1) month 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 more than the entire period of performance of this bridge contract extension. 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 modification extending the end of the period of performance of 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 5.1 and, if not, which exception under 5.101 applies: Unusual and compelling urgency precludes soliciting offers from as many potential sources as practicable for the Cincinnati O&M support services, in accordance with the exception for in FAR 5.101(b)(2) for contract action publication requirements. Complying with the time period to solicit and award a bridge contract to cover the gap between December 31, 2025, and January 31, 2026, when the follow-on O&M contract is anticipated to be awarded, is impracticable and would create an unacceptable delay and result in serious injury to the Government. As stated above, the agency requires operation and maintenance services beginning on January 1, 2026, 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: 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 current contract. The rates referenced above were also used for this one-month extension since those rates are effective when the contract is scheduled to be awarded. The materials cost (Other Direct Costs) in the IGCE are 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 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. Accordingly, the anticipated cost of this one-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 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 be practical for the EPA to have an open competition for a one-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 January 1, 2026. Given the investment in time and cost to do so, and the uncertainty of whether the offeror would have the contract longer than one month, it�s also very unlikely that anyone would submit a quote or proposal. In addition, focusing EPA�s limited 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. 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.
- Web Link
-
SAM.gov Permalink
(https://sam.gov/workspace/contract/opp/3de05fea3ccb4851b3a32e9f2a9bc147/view)
- Place of Performance
- Address: Cincinnati, OH, USA
- Country: USA
- Country: USA
- Record
- SN07679346-F 20260109/260107230030 (samdaily.us)
- Source
-
SAM.gov Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's SAM Daily Index Page |