AWARD_JOFOC.pdf

TDF 76-01.6 (03/11)

Prescribed by DTAP Part 1006 (Previous Edition Obsolete)

DEPARTMENT OF THE TREASURY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

I recommend that the U.S. DEPARTMENT OF THE TREASURY use other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s):

1. DESCRIPTION OF SUPPLIES OR SERVICES

IRS's Real Estate and Facilities Management Section C must allow continuity of essential custodial services by issuing a sole source "bridge" award to ESCAB Enterprises Inc. due to a "Protest of Award" for Solicitation TIRNO-14-R-00004. The current contract for these services expires on March 31,2014. A decision in the award protest is not anticipated until the end of April 2014. A bridge contract is required to continue custodial services without interruption. The sole source period of performance for this bridge is for a base period starting

Custodial and related services are to be performed at IRS's historic Headquarters building located at 1111 Constitution Ave NW, Washington DC 20224. This facility houses the Commissioner, his Deputy Commissioners, the Chief Counsel for the Dept. of Treasury as well as many other organization Chiefs.

The contractor shall provide all labor, supervision, materials, supplies, expertise and equipment necessary to perform custodial and related services and shall plan, schedule, coordinate, supervise and assure quality performance of all services in accordance with the current contract, PWS and Periodic & DailylWeekly Cleaning Task Chart.

This building and its grounds contain approximately 1,000,000 square feet of cleanable space including, but not limited to, executive offices, administrative offices, terrazzo hallways, marble lobbies, restrooms, a Day Care Center including a playground, a Health Center, a fitness center, joggers facilities, a law library, mail room, credit union, cafeteria dining area, Snack Bar (common area), break/copy rooms, Security Command Center, K-9 office, Guard's Booth/stations, auditorium, basement, loading dock, service courtyard, courtyards, parking garage, exterior grounds, moats, sidewalks and balconies. Also included in this contract is pest control, trash, debris and snow removal, terrazzo/marble floor maintenance, carpet shampooing, elevator cleaning, work tickets and after hours/emergency clean ups.

Period of Performance: April 1,2014, through May 31,2014, (2 months) and a two month option period of June 1,2014 through July 31,2014.

2. REQUISITION NO. 4. NAME(S) OF PROPOSED SOURCE(S)

D-4-D9-35-DE-L64

f----~---=--,-------,--,,=-----_____i ESCAB Enterprises, Inc.

3. COST ESTIMATE 9007 Shady Grove Ct Base Period: $312,313.00 Gaithersburg, MD 20877 I Option Period:

TOTAL:

$312,313.00 $624,626.00 I

0W1FB

Typewritten Text

TRACKING # OM 2014-14

REQUESTING OFFICE CERTIFICATION

I certify that the attached justification is accurate, and contains complete data necessary to support the recommendation for other than full and open competition.

(Signature) (Phone No.) (Date) REPRESENTATIVE (Name & ntle)

S. REQUESTING OFFICE

Richard E. Cavalier, Jr. COR 202 317-6629 3/:J01I)UfLU~

SMALL BUSINESS CERTIFICATION

I have conducted a search of vendor files, Central Contractor Registration (CCR), and the SBA's Dynamic Small Business search under the CCR System to locate potential offerors for this procurement. If any were found, a list is attached, (Signature) Digitally signed by 71 1NB (Phone No,) (Date)6. SMALL BUSINESS ON: cn=711NB,SPECIALIST 71 1NBemail=Mary.G.McKinZle@i(Name and ntle) 240-613-8311rs.gov Date: 2014.04.0112:17:16 -04'00'LaTonva Richardson, SBS

Q.1- 240 613~244

Before 'requesting this procurement, tate one s tutory authority for this procurement to be conducted under Kother than full an open competition" procedures. Provide narrative justification associated with the res ive state authQ.~ty in block number 15. . _ .. _ ._'-=_-=_:-:.--=-.-=-.. _

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L. 98-369)

(place "X" in appropriate box)

8. 41 USC 253(c)(1) - Only one responsible source; or brand name specification

This authority shall be used in preference to the Public Interest justification. It shall not be used X when any of the other circumstances is applicable. (Explain what makes this contractor the only responsible source i.e., Does this proposed contractor have facilities or equipment that are specialized and vital to the effort? Is the proposed contractor the only one that can meet critical schedules? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Why won't any other product or service satisfy the need? What are the unique features of the product that are unavailable in any other brand or product? Why was this particular product and/or vendor chosen? Are these features available in other models?

Describe the rationale for the brand name specification. Describe the market survey and analysis efforts leading to this conclusion. In addition, for brand name, indicate that "the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.")

9. 41 USC 253(c)(2) - Unusual and compelling urgency

This authority applies in those situations where (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of contract would result in serious injury, financial or other, to the Government. (Explain why 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 it limited the number or sources. Solicitation from as many potential sources as is practicable under the circumstances is required.) Note: The total period of performance under this authority is limited to the minimum contract period necessary to meet the requirements and to enter into another contract through the use of competitive procedures, and may not exceed one year unless the head of the agency entering into the contract determines that exceptional circumstances apply. The determination is in addition to the approval of the justification.

10. 41 USC 253(c)(3) -Industrial mobilization, engineering, developmental, or research capability; or expert services

This authority applies when it is necessary to award the contract to a particular source or sources in order (1) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, or (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (3) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute. (Does the proposed contractor have facilities and equipment that are vital in the event of a national emergency? Is the proposed contract to maintain properly balanced sources of supply for meeting the requirements of acquisition of programs in the interest of industrial mobilization? Is the proposed contract to create or maintain the required domestic capability for production of critical supplies by limiting competition to items manufactured in the United States or the United States and Canada?)

11. 41 USC 253(c)(4) - International agreement This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or, when services are to be performed, or supplies are to be used in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited. (Cite the international agreement or treaty between the United States and the foreign government or international organization that precludes full and open competition. Provide the written directions of the foreign government reimbursing the agency for the cost of the acquisition, which preclude full and open competition.)

12. 41 USC 253(c)(5) - Authorized or required by statute This authority may be used when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source or the agency's need is for a brand name commercial item for authorized resale. (Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source, and attach a copy of the statute.) Note: While this statutory exception includes the small disadvantaged business 8(a) set-aside program, a JOFOC is not required for this type of procurement unless the amount exceeds $20 million.

13. 41 USC 253(c)(6) - National Security This authority may be used for any acquisition when disclosure of the Government's needs would compromise national security. It will not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract. (Explain why the disclosure of the Government's needs would compromise the national security or violate security requirements.)

14. 41 USC 253(c)(7) - Public Interest This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of the contract are required.

15.JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

Award of a sole source contract to ESCAB will allow the Internal Revenue Service to continue custodial/janitorial services without interruption. Competing this requirement would result in a break in service that will impede the IRS Building's required housekeeping. ESCAB is the only responsible source that can continue performing this work without an interruption of services.

All ESCAB personnel currently have IRS contractor background checks and "unescorted" contractor 10 badges which is essential for this type of work. Contractor has performed at an "Exceptional" level throughout their previous contract (see CPARS).

Also, ESCAB has the on-site management team, equipment, uniforms, supplies, schedules, insurances, training and sub-contractors in place, thus ensuring no additional start-up costs or paying a premium due to the short term nature of this contract. Also, by keeping the current contractor, the quality of work performed would not drop due the "learning curve" that a new contractor would have.

Only one responsible source and no other supplies or services will satisfy this agency critical requirement to continue the current custodial work without interruption. As previously stated, the current contract with ESCAB expires March 31, 2013. For the above mentioned reasons, a bridge contract with the incumbent contractor to maintain the Health and Safety conditions of the Main IRS Headquarters "Historical" facility without interruption is essential.

Furthermore, as stated above, this specific Procurement action is limited to the minimum time necessary.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A GPE NOTICE WAS

OR WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES.

Only one responsible source and no other supplies or services will satisfy this agency requirement.

As previously stated, the current contract with ESCAB expires on March 31, 2014. A GPE notice will be published pursuant to FAR 5.202.

C. DEMONSTRATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE

The sole source award will be a Firm-Fixed Price contract. ESCAB has kept their monthly Basic Services rate the same throughout the last Option Year and six month extension. It is anticipated that the rate(s) for the new bridge contract will reflect ESCAB's current monthly rates, minus any yearly services. These rates were determined to be fair and reasonable.

D. DESCRIBE THE MARKET SURVEY THAT WAS CONDUCTED AND THE RESULTS OF THAT

SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY THIS

REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.

A market survey was not conducted for the bridge contract because no other sources can provide the services without interruption within this critical timeframe.

E. DESCRIBE ANY OTHER DOCUMENTATION TO SUPPORT THE JOFOC.

The Performance Work Statement (PWS), Independent Government Cost Estimate (IGCE) and Acquisition Plan support the JOFOC.

F. LIST SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION

The following offerors expressed an interest and submitted an offer in response to the solicitation of the protested award: Star Contract Services, JCMCS/MOTIR Joint Venture, Spotless Janitorial Services, Inc., WC Technical Services, Inc., Chiny-GS-JV LLC,J's Associates LLC, Native Resources Rowe JV, Allied National Services, AGBM-ATI Joint Venture, PJS-PCG, Pacific/R&R JV, DSS Services Inc., Repaintex Company, Green's Commercial Cleaning

G. LIST THE ACTIONS THE BUREAU WILL TAKE TO PROMOTE THE COMPETITION ON ANY

SUBSEQUENT ACQUISITIONS FOR SIMILAR SUPPLIES OR SERVICES

If the Protest of Award is sustained, the IRS will re-compete the solicitation package as a competitive procurement.

H. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR

THE EXPIRATION OF FUNDS.

The requirement does not result from a lack of planning or the expiration of funds.

16.COMPETITION REVIEW BOARD RECOMMENDATION (OPTIONAL)

[ ] APPROVE [ ] DISAPPROVE

(Name and Title) (Signature) (Phone No.) (Date)

(Name and Title) (Signature) (Phone No.) (Date)

ADDITIONAL APPROVALS

17. BUREAU COMPETITION [ ] APPROVE (Signature) (Phone No.) 0

ADVOCATE (Name & 0 Title) [ ] DISAPPROVE (Date)'i)

CD

0::

w

18. BUREAU HEAD OR [ ] APPROVE (Signature) (Phone No.)

SENIOR EXECUTIVE

'i)

SERVICE DESIGNEE [ ] DISAPPROVE NZ (Date) orO (Name & Title)~- 0::...J w~

19.5ENIOR [ ] APPROVE (Signature) (Phone No.) Z

PROCUREMENT

:::i EXECUTIVE (Name & [ ] DISAPPROVE ...J (Date) :! Title) 'i)

N

CD

0::

w

NOTE: Each review must be preceded by lower level approval(s), e.g., over $62.5 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL

LEVEL.