Redacted FSS Limited-Sources Justification Bridge Contract - CFM 2025 09 25.pdf

Federal Supply Schedule (FSS) Limited-Sources Justification (LSJ)

Upon the basis of the following justification, prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c), it is hereby approved for the use of Limiting Sources in accordance with FAR 8.405-2, “Ordering Procedures for Services requiring a Statement of Work” pursuant to the authority of FAR 8.405-6(a)(1)(i)(A).

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).

1. FAR 8.405-6(c)(2)(i) - Identification of the agency and the contracting activity:

U.S. General Services Administration (GSA), Public Buildings Service (PBS), Pacific Rim Region 9, Acquisitions Management Division (AMD), San Diego Service Center (SDSC).

2. FAR 8.405-6(c)(2)(ii) - Nature and/or description of the action being approved:

This action is to award a 12-month bridge Blanket Purchase Agreement (BPA) under the Federal Supply Schedule (FSS) for Complete Facilities Maintenance (CFM) at the following locations:

John M. Roll U.S. Courthouse and Federal Building 98 West First St, Yuma, Arizona (AZ0369ZZ)

San Luis I Land Port of Entry (LPOE) Highway 95 & International Border San Luis, Arizona (09020806)

San Luis II Land Port of Entry (LPOE) S Avenue E, San Luis, Arizona (09020834)

The recurring service requirement will be awarded and funded as a Firm-Fixed Price (FFP) call order pursuant to Limited-Sources Justification in accordance with FAR Part 8.405-6 to avoid a lapse in essential building services.

a. Relevant History:

The current FSS BPA was awarded on 3/1/2024 to PM Jenkins Group-professional Management Services LLC, doing business as W4 Construction Group (W4) for a total value (TCV) of $11,930,386.71. The requirement was competitively solicited as a HUBZone set-aside to contractors holding GSA FSS under FAR Part 8 procedures. Since the initial award, there have been modifications for wage adjustments, building changes, and the removal of high-touch cleaning (HTC) services that bring the current TCV to $12,506,894.13. A total of 15 BPA call orders have been placed for standard and above standard services.

There is ongoing construction at the San Louis I LPOE. New buildings are being constructed, and old buildings are being discarded. This was considered when developing the requirement. The Performance Work Statement (PWS) includes language requiring the contractor to provide reasonable assistance with transitioning between the construction contractor’s temporary operations and the Operations & Maintenance (O&M) Contractor’s initial operations. The intent was to add the new structures to the BPA via negotiations once completed. Buildings to be discarded are to be removed when no longer needed.

Since the award, there have been consistent issues maintaining with W4 https://www.acquisition.gov/far/part-8#FAR_8_405_6__d477e227 https://www.acquisition.gov/far/part-8#FAR_8_405_6__d477e39 https://www.acquisition.gov/far/part-8#FAR_8_405_6__d477e39 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

On 8/19/2025, the Contracting Officer (CO) became aware of 23 unpaid invoices

On 9/10/2025, the Contracting Officer Representatives (COR) notified the CO that a cold room in need of repair could not be fixed. This was due to W4’s parts supplier saying W4 owed them and they would not provide any more parts until the balance was paid. The engineers and mechanics could not pick up or order parts due to

On 9/12/2025, a Letter of Concern was sent to W4 addressing all of these concerns, to include the financial observations. The CO obtained a Dun & Bradstreet (D&B) report

The summary D&B RISK ASSESSMENT is as follows:

Please note: GSA completed a responsibility determination at the time of award which showed W4 as a Moderate Risk overall score vs the now High Risk score his illustrates the financial situation accelerating rapidly towards potential insolvency. Regardless of whether this contract was terminated or the contractor became insolvent in the near future, it would necessitate GSA executing an emergency bridge contract on an even shorter timeline. In this scenario, the risk of lapse in mission essential services at these locations would be further exacerbated.

Legal counsel has been contacted and is aware of the problems.

However, , it was decided that GSA should decline their unilateral right to exercise the next option period given that the current period of performance ends on 11/30/2025. To ensure uninterrupted border operations and avoid any further delays due to W4’s financial instability, a bridge contract will be put in place for a based period of 12-months 12/1/2025 - 11/30/2026 until a new contract can be awarded.

This assessment substantiates the observations from GSA and provides insight into why GSA does not believe

3. FAR 8.405-6(c)(2)(iii) - Description of the supplies and/or services required to meet the agency’s needs:

CFM includes O&M, Vertical Transportation Equipment (VTE), Custodial, Grounds Maintenance, and Trash services. This is all of the standard services required. A request for a new requirement’s package for a potential bridge contract was requested on 9/17/2025. The bridge contract would be for one (1) 12-month period of performance. While an independent government estimate (IGE) has not yet been received, the TCV for this bridge contract is estimated to be $2,051,877.66, based on prices in the current BPA plus $250K annually for above standard services.

The period of performance will be approximately one (1) 12-month Base period with the inclusion of FAR Clause 52.217-8, Option to Extend Services not to exceed six (6) months.

The estimated total contract value of this bridge call order with base and a possible 6-month extension, and estimated Above Standard service calls is shown in the table that follows.

4. FAR 8.405-6(c)(2)(iv) - The authority and supporting rationale, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service:

The circumstances that justify limiting sources to fewer than those in accordance with the procedures in 8.405-2, or 8.405-3 is, “FAR 8.405-6(a)(1)(i)(A) – An urgent or compelling need exists, and following the FSS ordering procedures would result in unacceptable delays.”

5. FAR 8.405-6(c)(2)(v) - A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d) and FAR 8.405-2(d):

The anticipated cost to the Government for this bridge is considered Fair and Reasonable as GSA has already determined the prices of fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. The same level of effort and the mix of skills will be used in the bridge call order as is being used in the current BPA. Additionally, the Government will request additional discounts in accordance with FAR Subpart 8.405-4 - Price Reductions.

The vendor selected for this CFM service contract will be Teya Support Services, LLC (Teya). Teya has satisfactorily performed similar requirements. They are familiar with the locations and have additional resources to ensure there are no issues with subcontractors or suppliers. The remote locations of the LPOEs makes finding capable contractors with the resources and manpower to perform at these locations difficult. Teya would provide a smooth transition to maintain services while a new contract is competed.

Teya has a presence in Arizona and has proven to be a capable and responsible contractor that has confirmed they would be able to provide a quote and perform on short notice.

https://www.acquisition.gov/far/part-8#FAR_8_405_6__d477e39

The current BPA was awarded less than 18-months ago. Market Research that was conducted is still valid. The BPA was competed amongst GSA Schedule contract holders, so their prices were already established as fair and reasonable before the competitive RFQ was posted. Along with a new IGE, pricing from the previously competed BPA will be used to negotiate a fair and reasonable price.

6. FAR 8.405-6(c)(2)(vi) - A description of the market research conducted among schedule holders, and the results of the research, or a statement why market research was not conducted:

The current BPA was awarded less than 18-months ago. Market Research that was conducted is still valid. However, a limited pool of contractors were identified at that time. This was likely due to limiting sources to the HUBZone socio-economic category. Therefore, a HUBZone set-aside would not be recommended in the future. Additional market research is needed to find capable and responsible contractors for this requirement. Revised and updated Market Research will be conducted for the follow-on action taking all factors into account. Given that this is urgent and compelling, no formal market research was conducted for this action.

7. FAR 8.405-6(c)(2)(vii) - Any other facts supporting the limited source justification:

This is an “Urgent and compelling need” using the authority as prescribed by FAR 8.405-6(a)(1)(A).

When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. The need for CFM services is critical to the functioning of the Federal facilities at these locations. CBP will not be able to maintain border security without operational facilities at the border locations.

The typical lead time for an acquisition of this magnitude would be a minimum of 12-months. There is also a limited pool of vendors capable of providing services in these remote locations. This limitation is further compounded by limiting sources to small businesses. When the current BPA was solicited, only two (2) offers were received, with one of the offers coming from a joint-venture (JV). The JV was deemed ineligible for award, so the incumbent contractor was the only vendor that met the criteria outlined in the solicitation.

Finding more capable and responsible sources would require additional time for market research.

Sources sought notices would need to be posted for a minimum of 30 days. The current contract ends on 11/30/2025; GSA has 2-months to put a bridge contract in place.

IAW FAR 5.301(d)(2) Synopsis of Contract Awards, FAR 5.406(b) Public disclosure of justification documents for certain contract actions, and FAR 8.405-6(a)(2)(i) Limiting sources, this justification shall be posted within 14 days after contract award.

8. FAR 8.405-6(c)(2)(viii) - A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made:

This limited source BPA is only intended to continue the current CFM services until the new recompete can be competitively procured. No other competitive barriers are known at this time as the new requirement will be solicited in Fiscal Year 2026 for award in FY2027 Q1. That procurement will provide fair opportunity for small business contractors.

In accordance with (IAW) FAR 5.301(d)(2) Synopsis of Contract Awards, FAR 5.406(b) Public disclosure of justification documents for certain contract actions, and FAR 8.405-6(a)(2)(i) Limiting sources, this justification shall be posted within 14 days after contract award.

Certification

9. FAR 8.405-6(c)(2)(ix) - The ordering activity Contracting Officer’s certification:

I certify that the justification is accurate and complete to the best of my knowledge and belief and that the price of this order will represent the best value to the government.

___________________________________________ Date: ____________________

JOSHUA BAILEY

GSA R9 PBS Contracting Officer, SDSC Recurring Services

10. FAR 8.405-6(c)(2)(x) - Requirements personnel certification:

I certify that the supporting data provided in this justification is accurate and complete to the best of my knowledge and that services are still required.

___________________________________________ Date: ____________________

BUCK SILVEIRA

GSA R9 PBS SDSC Senior Property Manager, Tucson Field Office

Reviews & Approvals

11. FAR 8.405-6(c)(2)(xi) - Justification and Approval:

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

___________________________________________ Date: ____________________

STEVEN JEFFERS

GSA R9 PBS Acting AMD Recurring Services Branch Chief

___________________________________________ Date: ____________________

TERRANCE COWLEY

GSA R9 PBS AMD Director

12. FAR 8.405-6(d)(2) - Advocate for Competition Review & Approval:

I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

___________________________________________ Date: ____________________

AMANDA SWEENY

GSA R9 PBS Advocate for Competition

___________________________________________ Date: ____________________

LILIANA DELBONIFRO

GSA R9 PBS Head of Contracting Activity