LPOE J and A SBTA signed_Redacted.pdf

U.S. General Services Administration

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.303-2

1. Identification of the agency and contracting activity, and specific identification of the document.

This justification by the General Services Administration (GSA), Public Buildings Service (PBS), Region 8, Mountain Plains Service Center Acquisition Division (here on identified as GSA), is for a contract award using other than full and open competition, or sole source, unusual and compelling urgency basis.

2. The Nature and/or description of the action being approved.

The action being approved is for an award by GSA on December 13, 2019, on a sole source basis to Madison Services, Inc. (Madison), which is a small business, for a full facilities maintenance services contract covering six federal facilities in North Dakota (Land Ports of Entry and one Federal Building) beginning January 1, 2020, in accordance with FAR 6.302-2 (Sole Source Contract) because, as discussed in more detail in section 5 below, no contract was in place to provide these services after December 31, 2019. These facilities maintenance services are necessary to maintain services and equipment, such as air conditioning, heating, water, electricity, snow removal, pest control, trash removal, etc., to safeguard and preserve the Land Ports of Entry (LPOEs) and Federal Building so that they are able to function as intended for the tenants and visitors at the LPOEs and Federal Building. The services are described in more detail in section 3 below.

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

Full Facilities Maintenance services for the following Federal Buildings located throughout North Dakota:

Land Port of Entry (LPOE) 10935 State Hwy 42 Ambrose, ND 58833

Land Port of Entry (LPOE) 301 W. Railway Ave.

Portal, ND 58772

Land Port of Entry (LPOE) 10947 Highway 281 Dunseith, ND 58329

Land Port of Entry (LPOE) 10935 Highway 30 St. John, ND 58369

Land Port of Entry (LPOE) 10980 Highway 29 Pembina, ND 58271

Customhouse (CU) 112 W. Stutsman Ave.

Pembina, ND 58271

The requirement is to provide facilities maintenance services to these LPOEs and Federal Building dispersed throughout the state. The value of these services is approximately $1.7 million or approximately $136,000 monthly. Facilities maintenance services performed under this Sole Source Contract are categorized under the following functional areas: operations and maintenance, custodial, pest control, snow removal and grounds maintenance for six federal facilities. Specifically, services include HVAC systems maintenance and repairs, plumbing maintenance and repairs, electrical maintenance and repairs, mechanical maintenance and repairs, waste removal and general cleaning maintenance, eradication of insects and other destructive pests, snow and ice removal, and grounds maintenance. The Sole Source Contract covers routine facilities maintenance services, which is defined as covering standard upkeep of the building and equipment, including such efforts as preventative maintenance and inspections on electrical generation and distribution equipment, waste water treatment plant, water treatment and distribution, removal of waste, removal of snow and ice, removal of interior and exterior pests and rodents, and exterior grounds maintenance. The services needed are for all labor, supervision, supplies, materials, tools, equipment, spare parts, inventory control, transportation and other items necessary to perform these facilities maintenance services.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full an open competition is 41 U.S.C. 3304(a)(2) as implemented by FAR 6.302-2.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the action require use of the authority cited.

The GSA had solicited for a new full facilities maintenance contract (Solicitation No.

47PJ0019R0033 issued on May 20, 2019); however, the Contracting Officer for that solicitation was unable to make an award by June 30, 2019. The incumbent contract was extended three times for a total of six months in accordance with FAR 52.217-9 for a completion date of December 31, 2019. In November 2019, the Contracting Officer stated that an award would not be made by December 31, 2019, and the solicitation was canceled.

A new solicitation will be issued for the full facilities maintenance services.

The Sole Source Contract is for one year.

This Sole Source Contract award was made in accordance with FAR 6.302-2. The nature of the facts as described in this justification and the nature of the Sole Source Contract require use of FAR 6.302-2 for the following reasons:

The facilities maintenance services required under the Sole Source Contract are necessary to maintain the safety, national security, and working conditions of the building systems and tenants using the LPOEs and Federal Building as well as the safety and security of visitors to the LPOEs and Federal Building during the time it takes to allow for the proper resolicitation of the requirements. They are essential to prevent damage to Federal property, injury to workers and visitors at the LPOEs and Federal Building, and disruption to Government operations at the LPOEs and Federal Building.

Additionally, there are fire and life-safety risks to the LPOEs and Federal Building and its users because the facility maintenance services are responsible for, among other things, ensuring the fire systems are properly and fully functional.

These facility maintenance services are necessary to support use by multiple federal agencies as well as the general public, which needs services from the Land Ports of Entry, etc. Without these facility maintenance services, the LPOEs and Federal Building cannot safely be accessed, occupied, or used because of the risk of catastrophic events such as fires, explosions, flooding, unsafe access (ice or snow), invasive pests, etc. that could result from the lack of proper facilities maintenance services at the LPOEs and Federal Building.

Even a brief suspension of the facilities maintenance services could trigger severe mission consequences at any moment not only for the GSA, but for the federal agencies using the LPOEs and Federal Building. Also, a lack of any of these services for utility and infrastructure systems (electrical, water, heat, and sewer) provided to the LPOEs and Federal Building may cause them to fall into unacceptable disrepair. Without these facilities maintenance services, the basic facility and facility operating systems would be degraded and the buildings would no longer be able to be used for their designated functional purpose. Such degradation would cause damage to the LPOEs and Federal Building and would restrict the ability of GSA and all agencies using the LPOEs and Federal Building to meet their missions.

Any new contractor providing facilities maintenance services at the LPOEs and Federal Building must provide, within at least 30 days of transition, startup services prior to the contract start date to assist transitioning between contractors (the incumbent contractor and the new contractor).

Given the time constraints described above, only Madison is in a position to be able to provide the services without requiring transition startup services.

The unusual and compelling urgency of the need as described in this justification and Madison's position as the incumbent contractor give Madison the unique capability to perform these facility maintenance services. Madison is familiar with the GSA personnel in North Dakota and the services needed to perform the work in the LPOEs and Federal Building. Madison satisfactorily performed all of the required services for all of the LPOEs and Federal Building under its contract. Madison maintained the staff to perform the facility maintenance services and is already mobilized to perform these services without disruption at the LPOEs and Federal Building, as it is already performing these services. In addition, Madison’s personnel are properly cleared and able to provide the necessary services immediately. Any alternate contractor would be unable to commence contract performance on January 1, 2020, as needed and would have required at least 30 days for hiring, training and transition, especially as all of the LPOEs and Federal Building are in locations that are remote. The costs and difficulty for another contractor to hire personnel and arrange subcontractors for such a short period of time would be cumbersome. An alternate contractor would face extraordinary and virtually unachievable obstacles in ramping up teams and hiring key personnel and subcontractors to perform the services by January 1, 2020. If the Sole Source Contract had not been awarded to Madison, there is a very high risk that not only would GSA be unable to meet its mission, but the agencies using the LPOEs and Federal Building might fail in their missions as well. For Customs and Border Protection, it is a matter of national security.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable.

A Sole Source Contract was awarded to Madison on a sole source basis because of the unusual and compelling urgency of the facts as described above and because, as the incumbent contractor, Madison is mobilized and employs the required staff to perform the facilities maintenance services beginning on January 1, 2020.

GSA solicited no other offerers besides Madison for this Sole Source Contract because, as recognized and permitted under FAR 5.202(a)(2), of the risk of serious damage or injury to GSA and the other Government agencies and visitors using the LPOEs and Federal Building (and additionally the risk of disruption to Government operations at the LPOEs and Federal Building) if GSA had complied with the time periods required under FAR 5.203.

It was not possible for GSA to solicit any potential competitors for the procurement of these facilities maintenance services, evaluate offers and make contract award, familiarize the new contractor with the equipment, systems and facilities of the applicable LPOEs and Federal Building and then wait for that new contractor to obtain the necessary security clearances, to properly staff the applicable LPOEs and Federal Building with qualified workers, to obtain the tools and equipment necessary for this kind of work, and to timely perform.

7. A determination by the Contracting Officer that the anticipated cost (including the cost of options) to the Government will be fair and reasonable.

Approximately $1.7 million or approximately $136,000 monthly, is the actual cost of the Sole Source Contract. To ensure that this cost of approximately $136,000 per month to the Government would be fair and reasonable, I reviewed historical pricing. Pricing for the cost of the Sole Source Contract is approximately the same as the pricing provided for the canceled solicitation with adjustments for changes to SCA wage determinations. In addition, the cost of the Sole Source Contract is below GSA's estimate for the services. Therefore, the cost of the Sole Source Contract is deemed fair and reasonable.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

As discussed above in section 6, no market research was conducted and no potential competitors were solicited due to the unusual and compelling urgency of the need for these facilities maintenance services. The solicitation contained inconsistencies which could not be corrected through amendment. Cancellation and re-issuance of a reworked solicitation was determined to be in the Government’s best interest.

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

None.

10. A listing of any sources that expressed a written interest in the acquisition.

No other sources have expressed a written interest in this acquisition.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition, before any subsequent acquisition for the services are required.

As mentioned above, GSA plans to conduct a new procurement for the facilities maintenance services. GSA awarded a Sole Source Contract for one year to ensure there would not be a lapse in the performance of facilities maintenance services while the GSA conducts this new procurement.

The subsequent acquisition (to be awarded no later than one month prior to the end of the Sole Source Contract) for these facility maintenance services will be in compliance with the competitive requirements that are legally required.

12/31/2019