4 JA OM Services Austin 2024 09 13.pdf

General Services Administration Public Buildings Service

Limited-Sources Justification FAR 8.405–6(a)(1)(i)(A), Unusual and Compelling Urgency

I. Identification of the agency and the contracting activity, and specific identification of the document as a "Limited-Sources Justification U.S. General Services Administration, Public Buildings Service, Region 7, Acquisition Management Division, Services Branch (7PQB) executing this Limited-Sources Justification for the emergency procurement of Operations & Maintenance (O&M) Services in Austin, TX.

II. Nature and/or description of the action being approved.

Emergency bridge Blanket Purchase Agreement (BPA) written against the 561210FAC Multiple Award Schedule for O&M services, which includes at the following locations in Austin, Texas:

● JJ Pickle Federal Building, 300 E. 8th St., Austin, TX 78701 (TX0227AU),

● Homer Thornberry Judicial Building 903 San Jacinto Blvd., Austin, TX 78701 (TX0250AU)

● Austin Federal Courthouse, 501 W. 5th St., Austin, TX 78701 (TX0397ZZ).

This approval is for the award of an emergency bridge BPA with a twelve (12) month base period, to include a possible six (6) months extension of services in accordance with FAR 52.217-8, Extending the service contract, if required.

III. A description of the supplies or services required to meet the agency's needs (including the estimated value).

The contractor shall provide management, supervision, labor, materials, equipment, and supplies and is responsible for the efficient, effective, economical, and satisfactory operation, scheduled and unscheduled maintenance, and repair of equipment and systems located in Austin, TX. The estimated value of this action is $2,176,489.24 for the twelve (12) month period of performance, if the 6-month extension of services is required, the total value of the BPA would be $3,264,733.86.

IV. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service This limited-source BPA will be executed under the authority of FAR 8.405-6(a)(1)(i)(A), “an urgent and compelling need exists, and following the procedures would result in unacceptable delays.” There are five potential schedule offerors currently operating in the GSA Region 7 area of Austin, TX. They have previously submitted proposals with technical and management approaches that were determined acceptable and have been successfully performing O&M services in GSA federal facilities. These offerors demonstrated and maintained Full Maintenance Service which includes Mechanical, Custodial, and Grounds for Region 7. The potential offerors are schedule holders under GSA Multiple Award Schedule. It was determined that three (3) offerors was sufficient to provide competition and not slow down the process of procuring a new bridge BPA contract in order to meet this requirement.

V. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

Supplies offered on the schedule are listed as fixed price. Services offered on the schedule are priced either hourly rates, or at fixed price for performance of a specific task such as operation and maintenance and repairs. GSA has already determined the prices of supplies and fixed-price services and rates for services offered at hourly rates, Docusign Envelope ID: 29B7B5CA-7727-429F-A40F-A464A51C3D4F under the schedule contract to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order against the BPA contractor.

VI. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Efforts were made to ensure that offers were solicited from as many sources as possible by reviewing active GSA IDIQ/BPA contracts that met the requirement. GSA contacted multiple offerors within Region 7 to gather market research information. The research included consideration of an offeror's ability to perform the requirement without the additional scope being burdensome on their organization, negatively impacting their performance on other contracts. In an effort to mitigate potential damages and to minimize the unavoidable gap in service caused by the short-notice given by the incumbent to cease operations, GSA has determined that a full and open solicitation is not feasible. The urgency of the requirement compelled market research to be limited to reviewing existing contracts and contacting offerors and inquiring of their interest in submitting quotes under the Multiple Award Schedule 561210FAC. The offerors contacted stated they were interested. The government will provide the offerors with required data and documents for the technical requirements, as a standard in the re-procurement process, a Request for Quote (RFQ) will be issued, and all quotes will be evaluated utilizing Lowest Price Technically Acceptable (LPTA) procedures.

VII. Any other facts supporting the justification.

The government is heavily dependent on the contractor personnel to operate and maintain government facilities.

Failure to have qualified individuals available to operate facilities creates great risk of failure of government equipment.

The current contractor (CFM) has filed bankruptcy and has no inclination to continue to provide services and oversee the day-to-day services for the facilities in Austin, TX. The absence of services that are currently being provided under this contract would likely compromise the health and safety of employees as well as the general public and damage critical equipment within the facilities.

VIII. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

There was not sufficient time to make this acquisition available for competition. This action requires providing 18 months for GSA to adequately develop, solicit, and award a new competitive contract. Once this bridge BPA is in place, GSA will begin the procurement process to award a competitive replacement contract.

Future procurements will be closely monitored to ensure early planning and execution of replacement contacts are in place prior to the expiration of the existing contract.

IX. The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I, Thomas Holguin, the Branch Chief for the Services Branch and assigned Contracting Officer, certify that the information contained within is accurate and true to the best of my knowledge.

X. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and

Docusign Envelope ID: 29B7B5CA-7727-429F-A40F-A464A51C3D4F which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The Office of Facilities Management is responsible for technical requirements for a Full Maintenance contract.

Their Subject Matter Experts (SME) have provided the data and documents for Section J of the specifications.

XI. For justifications under 8.405-6(a)(1), a written determination by the approving official identifying the circumstance that applies.

Unusual and Compelling Urgency due the contractor CFM’s owner filing for Chapter 13 bankruptcy and expressed an unwillingness to continue providing services beyond September 13, 2024 in Region 7.

Requestor certification that the above information is accurate and complete to the best of my knowledge.

Reviewed by:

Thomas Holguin Date Branch Chief, Services Branch (7PQB)

Erin Hufstetler Date Assistant Regional Counsel (LD7)

Carolyn Smith Date Acquisition management Division (7PQ)

Approved by:

Charlie Hart Date Competition Advocate, (R7)

Docusign Envelope ID: 29B7B5CA-7727-429F-A40F-A464A51C3D4F

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