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Limited Source Justification (LSJ) In Accordance with FAR 8.4 (RFO DEV), GSAR 538.7104-3 and EPA Policy (EPAAP) Subsection 6.3.1 (Note that this LSJ is drafted in accordance with the EPA FAR Class Deviation, RFO-2025-08) REFERENCE: PR-R3-26-00548 – Environmental Science Center Boiler Replacement 1. Identification of the agency and contracting activity. Procurement Office: US EPA Mid-Atlantic Region Agency: Environmental Protection Agency GSA Schedule Contract Number: Contract GS-21F-058AA primarily SINS 561210FAC Task Order Number: 68HE0322F0052 Contractor Name: Native Energy & Technology, Inc. Government Estimate/Estimated Contract Value: $8,071,205.09 Description of Requirement: EPA Region 3 intends to award a Task Order (TO) modification to increase the ceiling of this award by $427,038.68 to allow for the replacement of boiler tubes for three (3) boilers and two (2) boiler controllers for the Environmental Science Center. 2. Nature and/or description of the action being approved. General Services Acquisition Regulation (GSAR) 538.7104-3(b)(1)(i) Limited sources justification and approval. An increase of the ceiling to TO 68HE0322F0052 with Native Energy & Technology, Inc. under U.S. General Services Administration (GSA) Federal Supply Schedule (FSS) GS-21F-058AA. This is an urgent and compelling requirement to replace the tubes in three (3) boilers and controllers in two (2) boilers that provide heat to the Environmental Science Center (ESC). Orders placed under Federal Supply Schedules are exempt from the requirements in Part 6. However, an ordering activity must justify its action when restricting consideration in accordance with General Services Acquisition Regulation (GSAR) 538.7104-3. Circumstance justifying limiting the source: GSAR 538.7104-3(b)(1)(i) The Government's need to maintain working building boilers for the ESC represents an unusual and compelling urgency that precludes full and open competition and delay in award of a contract would result in unacceptable delays and serious injury, financial or other, to the Government. 3. Description of the supplies or services required to meet the agency's needs, including the estimated value. This requirement is for Operations and Maintenance (O&M) contract support for facility engineering, system maintenance, repair, minor improvements, snow removal, and facility services . This TO was awarded with a one-year base and four (4) one-year option periods. This TO includes an ODC Sub-CLIN for Over and Above Work for materials and supplies and services greater than $500.00 for the base and four (4) one-year option periods. 4. Identification of the statutory authority permitting other than full and open competition. This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies). Specifically, GSAR 538.7104-3, titled “Sole Source Justifications,” GSAR 538.7104-3(b)(1)(i), Th…
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