JA_ABM_F_signed.pdf

U.S. COMMODITY FUTURES TRADING COMMISSION

Three Lafayette Centre 1155 21st Street, NW, Washington, DC 20581

Telephone: (202) 418-5419 Facsimile: (202) 418-5414

Financial Management Branch

9523ZY-18-P-0231

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity.

This justification for other than full and open competition has been prepared by the Commodity Futures Trading Commission (“CFTC” or “Commission”), Financial Management Branch, 1155 21st Street, NW, Washington, DC 20581.

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

The purpose of the action is to award a firm-fixed purchase order to ABM Industry Group, LLC for supplemental janitorial services.

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

The Commodity Futures Trading Commission proposes to enter into a contract with ABM Industry Group, LLC to provide supplemental janitorial services.

The contract is for a one year period and the firm fixed price is $34,435.00.

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

The Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i) authorizes agencies to solicit from a single source, for purchases not exceeding the simplified acquisition threshold ($150,000), if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available.

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

CFTC is required by the terms of the lease to obtain janitorial services with the landlord’s selected vendor, ABM Industry Group.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Pursuant to the requirements of FAR 6.302-1(d) (2) and 5.201(b) (1) (i), CFTC posted a pre-solicitation notice of its intent to enter into a contract with ABM Industry Group, LLC on a sole source basis. The notice described CFTC’s requirements. The announcement was posted on August 1, 2018 with a response date of August 10, 2018. One (1) response to the announcement was received. The response did not meet all of the technical requirements.

Therefore, negotiations were conducted with ABM on a non-competitive basis.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

ABM submitted a quote that is reasonable and allows the CFTC to continue to have supplemental janitorial services needed to fulfill the agency’s needs. The cost is determined to be fair and reasonable based on a comparison with historical rates paid by the agency for previous years. Contract 9523ZY-17-P-BMP0211 was award for services includes cleaning of microwaves, refrigerators and ice machines; stocking of paper towels and carpet pyle lifting in the amount of $33,493.60. The proposal received from ABM is in the amount of $34,435.00 which is $941.60 (approximately 2.9%) higher than last year. This increase is due to increase of labor and supply costs. Additionally the increase is in alignment with the 2.9% increase of the consumer price index from last year.

A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Because of the conditions in the lease for the building, CFTC is required to obtain janitorial services with the landlord’s selected vendor, ABM Industry Group, LLC. As described in Section 6 of this justification, per the requirements of 5.201(b)(1)(i) CFTC posted a notice in FedBizOps of the Commission’s intent to negotiate a contract for the needed subscriptions on a sole source basis.

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

None

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

As stated in sections 6 and 8 of this justification, one (1) source expressed an interest in this requirement. One (1) response was received to the FedBizOpps notice.

10. 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 supplies or services required.

Due to the nature of this acquisition, competition is limited to sole source for the needed supplemental janitorial services pursuant to our lease. No other sources are permitted access to the building.

Certifications and Approvals

Technical Personnel Certification I certify that the data supporting the recommendation to solicit and award on an other than full and open competitive basis is accurate and complete to the best of my knowledge and belief.

Wes French Date

Contracting Officer’s Certification I certify that the data supporting the recommendation to solicit and award on an other than full and open competitive basis is accurate and complete to the best of my knowledge and belief.

Susan Hong Date