JFOTFOC MOL increase 2024 Final Redacted 1 - 20241002.pdf

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

MODIFICATION TO INCREASE MAXIMUM ORDERING LIMITATION REGARDING THE REGIONAL

GC DB IDIQS (47PH0821D0004, 47PH0821D0005, 47PH0821D0006, 47PH0821D0007,

47PH0821D0008, 47PH0821D0009, 47PH0821D0010, 47PH0821D0011, 47PH0821D0012) &

SOLICITATION 47PH0820R0003

October 1, 2024

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

IN ACCORDANCE WITH FAR 6.3

1. Identification of the Contracting Activity and specific identification of this document as a “Justification for other than full and open competition”:

The contracting activity is the General Services Administration (GSA), Public Buildings Service (PBS), Acquisition Management Division (AMD), Program Support Branch (7PQA), 819 Taylor Street, Fort Worth, TX 76102.

This document serves as the Justification for Other than Full and Open Competition.

2. Nature and/or description of action being approved:

This justification for other than full and open competition is to increase the Maximum Ordering Limitation (MOL) from $700,000,000.00 to $900,000,000.00, an increase of $200,000,000 for the above titled contracts. This is a firm fixed price, Multiple Award, Indefinite Delivery Indefinite Quantity (IDIQ) contract for Construction and Design-Build Construction Services to support the AMD under GSA PBS for all GSA regions. Nine (9) IDIQ contracts were awarded on February 3, 2021, with a shared maximum ordering limitation (MOL) for all contracts set at $700,000,000.00.

Region 7 AMD exercised Option III for all the contracts on February 4, 2024. Option III expires on 02/03/2025, and there is one last option remaining under the contracts. Currently, $228,659,912.00 remains out of the $700,000,000.00.

This proposed increase in the MOL is intended for the nine (9) National Complex Construction IDIQ contractors to be shared so that additional orders can be placed under the IDIQ contracts.

3. Description of supplies or services required to meet the Agency’s needs (including the estimated value):

On February 4, 2021, the Program Support Branch awarded nine (9) National Complex Construction IDIQ contracts to provide general construction and design build services within the states of Arkansas, Louisiana, Oklahoma, New Mexico, and Texas as well as nationally. The negotiated procurements were accomplished by using a Vendor Evaluation Plan which resulted in the award of nine (9) firm-fixed price IDIQ contracts providing best value to the Government.

The IDIQ contracts were for a period of one (1) year from the issuance of the awards with four (4) 1-year option periods. All nine (9) IDIQ contracts share a maximum total combined value of $700,000,000.00 over the five (5) years. To date, $471,340,088.00 has been awarded. The remaining available balance of the MOL is $228,659,912.00. In accordance with FAR regulations, the administrative cost of multiple awards and the scope and complexity of the requirement(s) were deemed to be cost efficient or practical to support multiple award IDIQs as there would be enough work to maintain multiple contractors. The expected benefits of making multiple awards

Docusign Envelope ID: 9C8C990A-7E88-499B-B459-B6FA6AB3B3D6 outweighed the expected cost in the administration of multiple award contracts. Therefore, multiple awards were deemed to be in the best interest of the Government. The IDIQ contracts are currently in Option III, Option IV remains and will be exercised on or before February 4, 2025, with an end date of February 3, 2026.

The additional anticipated financial need is as follows:

Current MOL $700,000,000.00 MOL Usage $471,340,088.00 MOL Current Balance $228,659,912.00

Pending Procurements Estimated Costs $350,000,000.00 Estimated Mod Increase (Current Work 10%) $ 47,134,333.30 Estimated Mod Increase (New Procurements 10%) $ 35,000,000.00 Total of Estimated Costs $432,134,333.30

Total of Estimated Costs $432,134,333.30 MOL Current Balance $228,659,912.00 Increase Needed in MOL $203,474,421.30

Due to the anticipated projected procurements, the MOL needs to be increased approximately $200,000,000.00 to cover the above listed projects and estimated additional costs to ensure the Acquisition Management Division will meet the mission of its clients. In accordance with FAR 6.302-2 Unusual and Compelling Urgency, the increase in the MOL will ensure GSA meets the mission of our clients, timely and efficiently.

4. Identification of the statutory authority permitting other than full and open competition.

This justification is being requested under the authority at FAR 6.302-2, Unusual and Compelling Urgency.

5. Demonstration that the proposed contractor’s unique qualifications or nature of the acquisition requires use of the authority cited.

The IDIQs provide an efficient and competitive procurement vehicle for general construction and design build requirements. Without these IDIQs, there would potentially be delays in the timeliness of construction projects resulting in extended procurement time, cost, and risk on behalf of the Government resulting in serious injuries to Government mission and finance. The delay caused by competing this proposed action would jeopardize the Acquisition Management Division’s mission to support the requirements of its customers in the most timely, practical, and efficient manner. Adding the additional MOL would allow new work requirements to progress without the following negative impacts:

a) Significant delays in construction requirement awards. The Procurement Acquisition Lead Time (PALT) for a task order against an IDIQ is 30-60 days depending on the estimated value whereas the PALT for an unrestricted contract is either 180 or 250 days depending on the estimated value. The additional procurement time would result in increased cost to the Government, incur additional administrative burden, further delay and would jeopardize the mission of the customer. Many of the upcoming projects are time-sensitive, and delays in accomplishing the work will result in the customer agency not meeting mission objectives

6. 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.

In accordance with FAR 5.202(a)(2), the proposed contract action is made under the conditions described in FAR 6.302-2(c)(1) Unusual and Compelling Urgency which maintains “justifications may be made and approved after contract award when preparation and approval prior to award would unreasonable delay the acquisition.” This modification for a MOL increase would be issued to the current IDIQ contractors performing general construction and design build services in GSA PBS Regions.

7. Determination by the Contracting Officer that the anticipated cost will be fair and reasonable:

GSA does not anticipate additional costs as a result of the MOL increase. Determination of fair and reasonable costs are done at the task order level.

8. Description of market research:

Market research was originally conducted to award these IDIQs as total small businesses. However, the results of this market research did not support a small business set-aside for this Regional Design-Build General Construction procurement.

Pursuant to FAR Part 6.1-Full and Open Competition and based on an analysis of the current market, GSA made the determination to solicit this requirement in a competitive environment.

Based on history and the sources sought responses, it was not likely that a small business set aside would result in at least three qualified small businesses to evaluate. Based on the findings from the market research and the historical solicitation data collected, the Contracting Officer made the determination that there was not enough justification to support a Small Business set-aside for this acquisition.

The current IDIQ contracts have approximately 16 months remaining. Additional market research has not been performed as GSA has determined it must increase the MOL in order to meet GSA and client needs without delay which could result in serious injury to the government mission and finance while new IDIQs are procured for future use.

9. Any other facts supporting the use of other than full and open competition:

The increase in the maximum ordering limitation for the current National Complex Construction GC/DB IDIQs is in the best interest of the Government. If the MOL is not increased, it would jeopardize the mission of AMD and the customer agencies it serves as GSA may not be able to meet the needs of the customer agencies in the most efficient and timely manner.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

None.