B06 JOFOC.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION

DIRECTORATE

Control No. 2020-WHS-0183

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

UNDER FEDERAL ACQUISITION REGULATION FAR SUBPART 6.3

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense (DoD) Washington Headquarters Services (WHS) Facilities Service Directorate, Federal Facilities Division (FSD), Pentagon Building Maintenance Office (PBMO), and the WHS Acquisition Directorate (AD) Enterprise Facilities and Construction Division (EFCD) Building Maintenance and Operation Branch.

2. DESCRIPTION OF ACTION: The request is for approval to continue the Custodial Services, Pentagon (Floor 2 and Out Buildings) contract, with the current contractor R&R Janitorial, Painting & Building Services, Inc., with whom our contract #HQ003415C0034 currently ends on 8/31/2020. This will be a firm-fixed-priced (FFP) contract using the Pentagon Reservation Maintenance Revolving Fund (PRMRF).

3. DESCRIPTION OF SUPPLIES/SERVICES: The contractor, R&R Janitorial, Painting & Building Services, Inc., shall provide custodial services to the Pentagon. The contractor will be responsible for providing custodial services for the Pentagon’s 2nd floor, including up to Top Secret (TS) locations, the Remote Delivery Facility (RDF), Pentagon Heating & Refrigeration Plant (HRP), Pentagon Emergency Response Center (PERC), Pentagon’s Incinerator Plant (PIP), Pentagon’s Metro Entrance Facility (MEF), Pentagon Ancillary Support Facility (PASF), Pentagon Force Protection Agency (PFPA) K9 Facility (office space only) and personnel booths associated with the PFPA vehicle and personnel access control points on the Pentagon reservation.

Performance Periods Performance Period Dates Amount 12 Months 09/01/2020 – 05/31/2021 $XX,XXX.XX

4. AUTHORITY CITED: This action is authorized under provisions of 10 U.S.C.

2304(c)(2) as implemented by Federal Acquisition Regulation (FAR) 6.302-2. Due to the novel coronavirus (now referred to as COVID-19) pandemic, the Agency is justifying this exemption from competition due to Unusual and Compelling Urgency. Any delay in award of the custodial services contract will result in a gap in services, which would lead to unsanitary conditions across the Pentagon Reservation.

5. REASON FOR AUTHORITY CITED: The current contract is operating under a 6-month extension, using the authority of FAR Clause 52.217-8. The Custodial Services

Bridge contract must be accomplished through other than full and open competition, because due to the unprecedented COVID-19 pandemic, we are in an exception-to-competition situation. COVID-19 brought additional cleaning requirements that required negotiations with all 5 contractors to accomplish the additional staffing and cleaning necessary. Further, the requirement required obtaining cleaning materials that they needed, not just basic touch cleaning, more physical cleaning, such as electrostatic cleaning and approved supplies that were not immediately available due to high demand at the onset of the pandemic.

On January 31, 2020, the Secretary of Health and Human Services (HHS) declared a public health emergency in the United States under section 319 of the Public Health Service Act (42 U.S.C. 247d). On March 11, 2020, the World Health Organization declared that COVID-19 was an international pandemic. On March 13, 2020, the President declared a national emergency as documented in the Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak located online at https://www.whitehouse.gov/presidential-actions/. Then, on 3/30/2020, Maryland and Virginia, where many of our contractors/vendors live and work, issued Stay-At-Home Orders that limit non-mission-essential travel, which has limited our ability to conduct site visits with adequate social distancing. Additionally, some of the staff associated with this requirement are now 100% teleworking in light of Executive guidelines recommending social distancing, and it is not practical to have them participate in site visits. These site visits are required by the program office to align vendor expectation with the necessary services to carry out all aspects the PWS, and afford vendors the opportunity to ask questions about the requirement.

Also, during this time, WHS/AD/EFCD/BMOB and the FSD staff associated with this requirement were inundated with COVID-19-mitigation requirements and additional COVID-19 cleaning service requests for the Pentagon. With the additional cleaning requirements, evolving advice on how best to maintain the facilities in light of increased cleaning schedules. This in turn required further negotiations with the 2 small businesses and 2 Ability-One contractors tasked with cleaning the Pentagon Reservation. The FSD staff was not able to provide requirements package to recompete this requirement. All this took time to negotiate, defining the type of liquid, rags, equipment, electrostatic cleaning, and processes to properly sanitize the workplace all contributed to redefining this requirement. These time extensive negotiations caused delays in defining the requirement to allow for a competition and defining the scope of work for future contracts.

All of this has hindered the ability of WHS/AD to move forward with recompeting this requirement. If we competed the requirement at this time, it would lead to unacceptable delays in fulfilling the requirement, which would result in a gap in services.

6. EFFORTS TO OBTAIN COMPETITION: An RFP for these services will be posted at https://beta.sam.gov once the follow-on package has been received from the PBMO.

This RFP is anticipated to be issued in the November/December 2020 timeframe.

https://www.whitehouse.gov/presidential-actions/ https://beta.sam.gov/

7. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b)(2) will be used to ensure award will be at fair and reasonable prices.

8. MARKET RESEARCH: This type of janitorial services is readily available on the commercial marketplace. Since the current contract ends on 8/31/2020, given the short time frame we have to award a follow-on contract in time to avoid a gap in services, it is not feasible to appropriately compete this requirement under FAR Part 15 procedures and emplace a new contractor with all of the appropriate staffing, badging and equipment.

9. OTHER FACTS: In accordance with FAR 6.305(c), this justification shall be posted within 30 days after contract award.

10. INTERESTED SOURCES: To date, no other sources have expressed an interest in writing, but we will post the requirement at https://beta.sam.gov at the earliest opportunity.

11. ACTIONS TO INCREASE COMPETITION: Once this unprecedented COVID-19-pandemic period is over with, then the requirement will be competed.

12. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

☐Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☐ were not completed

☒No. The original acquisition was conducted on a competitive basis.

☐Not Applicable.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Mr. Jaye Anger Contracting Officer Representative/Program Office

Date

ON FILE

https://beta.sam.gov/

Ms. Stormy Anthony Contracting Officer

Date

CONCURRENCE

Based on the foregoing, I hereby concur with this justification and recommend for approval

David H. Kao, Competition Advocate Date