DnF_Contract_Consolidation_Notice_1.pdf

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United States Department of the Interior

NATIONAL PARK SERVICE

CONTRACTING OPERATIONS - CENTRAL

1849 C Street

NW Washington, DC 20240

Contract Consolidation Determination and Findings

1. Purchase Request Number: TBD

2. Solicitation Number: 140P1424R0010 (fka140P1423R0030)

3. Contracting activity/agency: National Park Service – CONOPS Central

4. Project Name: Northern Rockies (NR) MABO Multiple Award Simplified Construction Services

(MASCS) IDIQ

5. Description of supplies or services required to meet agency needs.

The Northern Rockies Major Acquisition Buying Office (NR MABO), CONOPS Central, National Park Service (NPS) intends to issue a Request for Proposal (RFP) for the award of two Multiple Award Simplified Construction Services (MASCS) IDIQs. MASCS is an Indefinite-Delivery Indefinite- Quantity (IDIQ) contract that provides for accelerated and simplified procurement of commonly encountered construction tasks. These tasks can quickly, easily, and efficiently be accomplished via placement of firm-fixed price (FFP) orders against the IDIQ multiple year contracts. These contracts will provide construction services, and will primarily be used for maintenance, repair and alteration, and/or new construction projects in support of the NR MABO. The primary place / location of performance for these contracts will be NPS parks and park units in the state of Montana, Wyoming, and Dinosaur National Monument in Colorado, Golden Spike National Historic Site and Timpanogos Cave National Monument in Utah.

The contract type will be multiple award IDIQ task order contracts, solicited on the open market (SAM.gov) as Service-Disabled Veteran-Owned Small Businesses (SDVOSB) set-aside. The total aggregate capacity of the contracts will not exceed $40 million dollars. Typical task orders will range in value from $10,000.00 to $350,000.00 with a minimum task order value of $2,000 and maximum task order value of $1,000,000. The total period of performance for the MASCS contracts will be a five (5) year ordering period. The government will obligate itself to obtain not less than $2,000 in services for all the five (5) year ordering period combined.

Type of Contract Multiple Award Simplified Construction Services (MASCS) IDIQ / Five Year Ordering Period

Estimated Total Value

$40 Million

Estimated Start Date

8/1/2024 Estimated Completion Date

7/31/2029

NAICS Code 236220 Small Business Size Standard Applicable

$45 Million

PSC Z2AZ Previous Contract Status Awarded in FY19 / Base Plus Four Opt. Years – Active

National Park Service CONOPS Central (legacy - Interior Region 6, 7, 8, or IMR) has had previous success in the use of construction SABER and MATOC contracts. These IDIQ contracts have all

Version 2.0 Page 2 of 8 been set-aside to Small Business or other Small Business socio-economic categories. It is the intent of the NPS CONOPS Central to maximize competition in its construction requirements, but with fewer Contracting Officers, program managers, and delayed receipt of a full budget the trend of receiving construction requirements late in the fiscal year continues to occur. When a package is received past the established cutoff date it has become a regular practice to use the established sources (SABERs and MATOCs) or an 8(a) sole source set-aside in order to find a contractor who is able to bid on the requirement using a compressed acquisition timeline. These MASCS contracts will allow a reduced Procurement Acquisition Lead Time (PALT) on all of its actions as compared to other acquisition strategies.

The MASCS contracts provides for standardized quality elements and performance standards which will increase contract administration efficiencies. Currently, CORs inspect multiple single award contracts which may have differing inspection components for each contract for similar skill sets. Although the requirement can be customized at the task order level, these consolidated contracts will provide for better monitoring and standardization of key performance elements as defined in one contract. Improved quality, output consistency, and standardized inspection are all efficiencies that are projected with the proposed consolidated strategy.

Under the strategy of separate contracts, acquisition cycle times are multiplied due to differing period of performances, contract lengths, and unplanned requirements. Multiple award, consolidated IDIQ contracts will reduce the number of contracts and will provide for much greater and more efficient program management for the planning, issuance, and management of task orders.

These MASCS contracts will allow for emergency work to be performed under it allowing for an expedited contracting process utilizing already established rates versus the traditional method of having to award a single contract without established rates.

Via the MASCS, there is increased transparency through the use of mutually agreeable RS Means pricing. Standardized pricing and processes result in efficient and effective estimating, and fixed-price construction and also provide for ease in evaluation and determination of fair and reasonable pricing.

Efficiencies on performing technical evaluations will be accomplished once PM’s have a better familiarization on how the MASCS contractors bids on projects. Mistakes on bids are less likely to occur with contractors familiarization and also with the PM’s knowing what to watch out for resulting in faster and possibly less expensive projects.

Overall reduction in continuity of processes / formats; multiple site visits can be held in a single day for work being done by the contractors, repetitive actions should reduce errors on things such as submittals, payroll submission, as-builts, and other submittals.

These are not Requirements contracts, so NPS Contracting may fulfill construction requirements outside of the MASCS contracts if they choose. The MASCS contracts are meant to satisfy a significant number of smaller construction requirements within the specified geographic area, but the Contracting Officer has the option to contract outside of the MASCS contracts for any reason they choose, such as: contractors are at full capacity; the project does not lend itself to the use of the MASCS contracts; and the need to reach other small business goals. The information collected

Version 2.0 Page 3 of 8 during our market research phase was used in developing an appropriate acquisition strategy, and to determine the most appropriate set aside for this requirement.

The solicitation and awards of this action as Service-Disabled Veteran-Owned Small Businesses (SDVOSB) set-aside will not have a negative impact on Small Business goal achievement, nor will it have regional or national contract implications. It has been common under the previous legacy IMR NR SABER contract, that the prime contractor would make use of local small businesses to supplement their in-house capabilities which is beneficial to the goals of providing contract opportunities to the small business community. In addition, the use and monitoring of subcontracting under the Limitations of Subcontracting clause will also further goals for work with small business concerns.

For the last nine years, the National Park Service CONOPS Central (legacy - Interior Region 6, 7, 8, or IMR) has exceeded all Small business goals via ongoing efforts to set aside work and the strategic use of set-asides on key contracts.

6. Market Research In accordance with FAR 7.107-2, I have reviewed this requirement and associated market research and determined that consolidation of the referenced contract requirements is both necessary and justified. My review resulted in the following findings:

Market research was conducted IAW FAR Part 10, DOI-AAAP-0011, DOI-AAAP-0145, AP&P 1443.08-01. using Sources Sought, SB Dynamic, the Native American Businesses in SAM.gov, prior NR MATOC, current LW MATOC, current FWS MATOC, current NR MABO SABER, LW MABO SABER, and BIA C-MAC. Included in the market research are contractors with the NAICS 236220, geographically located in MT, WY, CO, and UT, bonding capacity $1M per contract $4M aggregate, and capability keywords MATOC, SABER, IDIQ, and JOC. The results of the market research with vendors with potential to reasonably be able to meet the requirements of the solicitation are as follows:

On July 24, 2023, a Sources Sought Synopsis for this requirement was issued on the SAM.GOV web site. The purpose of the sources sought was to conduct market research and gain knowledge of interest, capabilities and qualifications from members of both large and small business concerns, including, Indian Small Business Economic Enterprise (ISBEE),Woman Owned Small Business (WOSB), Economically Disadvantaged Woman Owned Small Business (EDWOSB), 8(a), Historically Underutilized Business Zone (HUBZone), Small Disadvantaged Business (SDB), and Service-Disabled Veteran-Owned Small Businesses (SDVOSB). Five (5) businesses responded to the sources-sought in writing. HD appeared on the SB Dynamic search results listed below and is located in CO and is a WOSB, EDWOSB, 8(a), SDB. OK2 did not appear on the SB Dynamic search because their office is in Tx; however, they are the current NR SABER contract holder, and they are a SDVOSB. The other interested parties did not show up on the SB Dynamic search as they are not located in CO, MT, UT, or WY.

Vendor Location UEI SB ISBEE WOSB EDWOSB 8(a) HubZone SDB SDVOSB 1 HD Loveland, CO KEUPEUF8J3F7 x x x x X

2 Koman Sustainable Solutions LL

Anchorage, AK

YYHUS62QE615 x x X

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3 OK2 Gardiner, MT

WHC4W4HPFH75 x x

4 Per-geesh TLI JV Klamath, CA VBAUVTTNKK57 X X X 5 Yukon

Management

(YML)

Anchorage, AK

GLWHK5VNPT63 x X X

SB Dynamic A search was done on SB Dynamic 12Feb2024 using a filter of MT, WY, CO, UT, NAICS 236220, bonding $1M per contract and $4 M aggregate. The initial results of the search found 173 contractors. Next the list was filtered for contractors that listed IDIQ, SABER, MATOC, or JOC in their Capabilities or Keywords. Contractors that did not list the above keywords but were known to the CS through market research to be either current or prior IDIQ, SABER, MATOC, JOC, or C- MAC contract holders through NPS, FWS, or BIA were included in the final results of twenty (20) potential small businesses. Six of the 20 potential SB are currently on the LW MABO MATOC (3 WOSB,2 SB only, 1 ISBEE, 4 self-certified SDB)) There is also one WOSB that was on the expired NR LW MATOC. One contractor (SDB) is currently on the LW MABO CO SABER. Another contractor (SDVOSB, VOSB, SDB) holds the current LW MABO UT SABER.

SB Dynamic – Market Research - Available Source with Potential to Perform Requirement Socioeconomic Status of Available Sources Number of

Businesses Large Businesses 0 Small Businesses (SB) 20 Indian Economic Enterprise (IEE) 0 Indian Small Business Economic Enterprise (ISBEE) 2 Small Disadvantaged Businesses (SDB) 16 Section 8(a) Businesses (**One of these will graduate 3/2024**) 3 Woman Owned Small Businesses (WOSB) 5 Economically Disadvantaged Woman Owned Small Businesses

(EDWOSB)

HUBZone Small Businesses (HUBZone) 1 Service-Disabled Veteran Owned Small Businesses (SDVOSB) 5 Veteran-Owned Small Business (VOSB) 5

Native American Businesses in SAM.gov A search was done on Native American Businesses in SAM.gov on 12Feb2024 using a filter of NAICS 236220 and ISBEE. The initial results of the search found 512 contractors across the United States. Next the list was filtered for contractors located in MT, WY, CO, and UT which resulted in 31 ISBEE. Next the 31 contractors were cross referenced with the 20 potential contractors found in the SB Dynamic search. Of the 31 ISBEE, only 2 of the contractors appeared in the list of the 20 potential contractors found in the SB Dynamic search that had the bonding and keywords in addition to the Native American Businesses in SAM.gov filters.

Current Available Contracts

FWS MATOC

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A search was done on FWS MATOC (PoP 1/1/2022 – 12/31/2026) on 12Feb2024. The market research of the FWS MATOC contractors located in MT, WY, CO, or UT resulted in 43 contractors. A filter was conducted to find contractors that perform in all four states which resulted in a count of eight (8). A cross reference of the SB Dynamic results of 20 potential SB found that there were two contractors that matched. One is a SDVOSB and one is a WOSB /

ISBEE.

BIA C-MAC

A search was done on BIA C-MAC on 12Feb2024. The BIA C-MAC is a ISBEE set-aside. The BIA C- MAC period of performance is 5/17/2023 – 5/16/2028. The market research included a cross reference with the SB Dynamic 20 potential contractors. A cross reference of the SB Dynamic results of 20 potential SB found that there were two contractors that matched.

Narrative IAW DO-AAAP-0011, v04 Buy Indian Set-Aside and Indian Small Business Economic Enterprise Prime and Subcontract Goal Setting, when conducting market research, DOI COs should perform market analysis to determine if an ISBEE set-aside is appropriate for the acquisition consistent with DOI-AAAP-0145 Conducting Market Research. DOI COs shall consider ISBEE set-asides equal to other socio-economic set-aside programs (8a Small Disadvantaged Business, HUBzone Small Business, Service-Disabled Veteran Owned Small Business, Women Owned Small Business) when determining the best set-aside path for the acquisition.

The above market research indicates that there are sufficient small business concerns that can satisfy the requirement. The number of small business concerns that can potentially meet the requirements and meet the rule of two are the following: 2 -Indian Small Business Economic Enterprise (ISBEE), 2 - Section 8(a) Businesses, 5 - Woman Owned Small Businesses (WOSB), and 5

- Service-Disabled Veteran Owned Small Businesses (SDVOSB). All set-asides were considered equally. As stated in FAR 19.203 there is no order of precedence among any socio-economic program. The CO determined that a Service-Disabled Veteran Owned Small Businesses (SDVOSB) is an appropriate set aside for this requirement with the potential of five (5) SDVOSB businesses and is in the best interest of the government. A SDVOSB set-aside will help NPS / DOI meet small business goals, socio-economic disadvantaged business goals, and provide the highest potential for receiving competitive offers from two or more qualified contractors at a fair and reasonable price.

The previous NR SABER was solicited and awarded as a SDVOSB. Five proposals were received on NR SABER RFP 140P1419R0017 from SDVOSB.

7. Any alternative contracting approaches and rationale for rejection:

Alternative contracting approaches that would involve consolidation to a lesser degree, should always be a consideration in the acquisition strategy for any single or multiple award IDIQ contract (MATOC, SABER, JOC, TOC, etc.) In the case of this specific acquisition, MASCS contracts are not meant to be a replacement for traditional / conventional contracting methods, nor should it be considered as a replacement for other IDIQ type contracts, as previously listed. MASCS contracts are simply one of many procurement tools that uniquely allows for accelerated and simplified procurement of commonly encountered construction tasks and projects, including maintenance, repair, alteration, and other construction projects. MASCS contracts dramatically cut contract procurement time.

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The NR MABO has had in the past both a MATOC and a SABER contract. Currently, the NR MABO has a SABER contract that is set to expire on 7/24/2024. The new NR MATOC is pending review with an anticipated award date in March 2024. The contract mechanisms for the MASCS and the MATOC are different and used differently. While the scopes of the two IDIQ contracts are similar to allow for flexibility, the administration and use of the tools are different. The MATOC pool is generally used with fully designed specifications and drawings best suited for competition at the task order level. The MASCS contracts are best suited for single discipline, or small requirements that do not necessarily require fully fleshed out specifications and drawings (such as small rehab projects, installation of doors or windows, or new sidewalks, or installation of a new roof, as a few examples). The type of requirements issued under the MASCS contracts are able to be quickly and accurately priced using RS Means cost estimating software (which is based upon market pricing) by the Government and contractor allowing for ease in agreement of the parties on level of effort and pricing.

MASCS IDIQ contracts shares many of its core attributes with Job Order Contracting (JOC), but are usually more flexible, robust and intended for larger scale work efforts. MASCS is better defined as a program and procurement method, and not simply a contract. MASCS IDIQ contracts are a reliable and flexible, alternative way to procure construction and construction-related services that emphasizes simplified, accelerated and streamlined procedures and processes, as well as long-term partnering and teamwork with the selected MASCS contractors. MASCS provides the tools and ability to simultaneously execute multiple small to medium sized task orders in two or more discrete sites. MASCS contractors are selected based on best value, qualifications and performance, not solely low price. The contractor essentially provides “on call” construction services from concept to close-out for the end-user.

The NPS CONOPS Central (legacy - Interior Region 6, 7, 8, or IMR) has had previous success in the use of SABER and MATOC contracts. These IDIQ contracts have all been set-aside to Small Business contractors. Use of these established sources has allowed NPS to reduce the need for non-competitive procedures. It is the intent of the NPS / ConOps-Central Contracting Office to maximize competition in its construction requirements, but with fewer Contracting Officers, Program Managers, and delayed receipt of a full budget the trend of receiving construction requirements late in the fiscal year continues to occur. When a package is received past the established cutoff date it has become a regular practice to use the established sources (MATOCs and SABERs) or non-competitive procedures to find a contractor who is able to bid on the requirement using a compressed acquisition timeline. Any time a non-competitive acquisition process is used, the Government can expect to pay more than it would have in a competitive environment. It is difficult to calculate the savings that may have been achieved in a competitive vs a non-competitive environment but there most certainly would have been a savings. These MASCS IDIQ contracts will allow a reduced Procurement Acquisition Lead Time (PALT) on all its actions as compared to other acquisition strategies. The NR MABO will be able to accept a late requirement for solicitation and award when using streamlined procedures and established sources, such as allowed via the MASCS contracts.

8. Any negative impact by the acquisition strategy on contracting with small business concerns has been identified:

Historically, there are minimal negative impacts to local small business concerns due to the acquisition of a MASCS contract. National Park Service CONOPS Central (legacy - Interior Region 6, 7, 8, or IMR) has historically only set aside for small business, or other socio-economic concerns, on all of its SABER and MATOC construction contracts. Since these MASCS IDIQ

Version 2.0 Page 7 of 8 contracts are intended as a Service-Disabled Veteran-Owned Small Businesses (SDVOSB) set-aside, all orders placed against it will go towards fulfilling the CONOPS's and Bureau’s Small Business goals.

The MASCS IDIQ contracts are anticipated to be used for a significant number of construction projects, which should result in an increase to the construction work being performed by small businesses within the region. In fact, due to typical performance requirements of this MASCS, i.e., the number of task orders the MASCS contractors must be capable of accomplishing simultaneously; geographical coverage area; etc., subcontracting a portion of almost every task order to other local small business concerns is essentially a pre-requisite for successful performance as a MASCS contractor. The sub-contracting opportunities for local small businesses is anticipated to be high and we anticipate only positive impacts to the local small businesses since we anticipate almost all subs to be small businesses.

9. Considerations, Facts, and Reasoning Supporting the Determination:

Steps have been taken to include small business concerns in the acquisition strategy for this contract. It is our intent, and a major consideration in any MASCS contract award, that the successful offerors / selected MASCS contractors will be a general contractor capable of self-performing a minimum of 15% of the work for typical task orders. Typically / historically, the remaining portion of the work is generally sub-contracted out to local small business concerns, with the MASCS contractor functioning as the prime contractor.

A signed and approved DI-1886, Small and Disadvantaged Business Acquisition Screening as a Service-Disabled Veteran Owned Small Business set-aside for this procurement is in process and is a part of the formal documentation for this acquisition.

The current NR MABO SABER is a single award contract. It is expiring on 7/24/2024. The capacity of this single award SABER is $25M. The SABER is nearing capacity with nearly $20M obligated and with five months remaining on the period of performance. The expectation is that with a multiple award (2 MASCS contracts) and higher capacity ($40M) that the NR MABO will be able to utilize the new NR MASCS contracts for more simplified construction requirements especially in the fourth quarter. Based on Advanced Acquisition Planning, the NR MABO is already predicting $18.3 M in construction projects for the FY24 Q4 through FY26. The expectation that $18.3 M in construction requirements is planned for the first two years would suggest that there would be at least an equal amount of $18 - $20 M spent in ordering years three (3) through five (5) which would justify a $40 M ceiling. The increased ceiling is mostly to account for aging infrastructure, especially within Yellowstone (YELL) as we want a more streamlined approach for minor construction. Of the $18.3 M, YELL is anticipated to utilize $14.2 M between FY 2024 Q4 into FY 2026. Construction requirements packages are being assigned later and later each year due to the continuing resolutions, so the parks need an acquisition tool such as the MASCS IDIQ contracts to award projects in the appropriate funding year.

On 12 April 2017, the Office of Management and Budget released memo 17-22 as a response in fulfilling the requirements of the January 2017 Presidential Hiring Freeze Memorandum, and the March 2017 Reorganization Executive order. Section III para B “restructure and merge activities” provides direction from the Director of OMB to assess which activities can be restructured, streamlined and merged to improve the efficiency, timeliness and quality of services. It also encourages agencies to reduce the duplication of activities and functions across multiple parts of the organization and reduce redundant levels of management or administrative support. One of

Version 2.0 Page 8 of 8 the primary purposes of MASCS contracts are to consolidate and streamline construction activities, and to merge duplicative functions in order to improve acquisition efficiency and timeliness.

10. Summary:

It is my determination that the consolidation required by these contracts is necessary and justified, because the benefits of proceeding with this acquisition substantially exceeds the benefits that would be derived from any alternative contracting approaches identified above. In addition, access to the use of a MASCS procurement vehicles enhances and improves the ability of acquisition personnel to successfully meet the maintenance, repair, alteration and construction needs of Parks and Park Units in a timely and cost-effective manner.

Approvals All supporting data provided, and the contents of this justification are complete and accurate to the best of my knowledge and belief.

CONTRACTING OFFICER CERTIFICATION:

Contracting Officer

HEADQUARTERS SMALL BUSINESS SPECIALIST CERTIFICATION:

Headquarters Small Business Specialist

DIRECTOR, OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION CERTIFICATION:

Director, Office of Small and Disadvantaged Business Utilization

SENIOR PROCUREMENT EXECUTIVE

Upon the basis of the findings above, I hereby determine, pursuant to the authority of FAR 7.107-2, that the consolidation of contract requirements is both necessary and justified.

Senior Procurement Executive

SHERRY

PACKARD

Digitally signed by SHERRY

PACKARD

Date: 2024.03.08 12:06:51 -07'00'

CYNTHIA HALL-

ADONOO

Digitally signed by

CYNTHIA HALL-ADONOO

Date: 2024.03.08 17:27:50 -05'00'

COLLEEN FINNEGAN

Digitally signed by COLLEEN

FINNEGAN

Date: 2024.03.14 12:24:59 -04'00'

MEGAN OLSEN Digitally signed by MEGAN OLSEN Date: 2024.03.15 09:23:19 -04'00'