EGWW OM FY24 JA EXECUTED.pdf

GENERAL SERVICES ADMINISTRATION

Region 10 (R10) Public Buildings Service (PBS)

Edith Green Wendell Wyatt Federal Building (OR0043ZZ)

Operations and Maintenance Services Contract

JUSTIFICATION AND APPROVAL

1. Contracting Agency and Activity. The General Service Administration, R10 plans to contract by means other than full and open competition. Select One option below:

The General Services Administration (GSA) R10 PBS intends to award an Indefinite-Delivery Indefinite-Quantity (IDIQ) contract with a one-year base period, a four-month option period, and six one-month option periods by means other than full and open competition.

Select one option below:

☐ Brand Name Justification (BNJ)

☒ Sole Source Justification (SSJ)

☐ Other: (Identify LSJ)

If SSJ, Annotate the following:

Vendor Name: Northern Management Services, Inc. (NMSI)

UEI No.: NUSXWN6MXGL7

Cage Code: 0RHF6

2. Nature of Action Being Approved & Description of Supplies or Services:

GSA’s national office directed R10 to implement a new Facilities Engineering Model (FEM) to replace the current Operations and Maintenance (O&M) model which is used as the basis for facilities operations in R10’s federal buildings and courthouses.

R10 intends to implement the new FEM in FY25 by awarding a new BPA with a one-year base period and nine one-year option periods which will include facilities engineering for 12 federal buildings and courthouses in western Oregon. These buildings and courthouses are currently maintained on 11 separate contracts by 9 different contractors.

Implementation of the FEM and award of the resultant BPA will require a significant amount of time to develop the program and contractual documentation, as well as coordination to ensure continuity of services for all 12 federal buildings and courthouses with their current service contractors. The FEM requirement will be awarded in FY25 as a one-year base period with nine one-year options (total possible period of performance of ten years) Blanket Purchase Agreement in accordance with (IAW) GSA's authority to award 10-year BPA from the 561210 FAC Federal Supply Schedule (FSS) for fixed equipment in GSA buildings.

The intent of this requirement is to award a one-year IDIQ contract with a four-month option period and six one-month option periods to the current Edith Green – Wendell Wyatt (EGWW) Federal Building (FB) contractor, NMSI. The current EGWW FB O&M BPA period of performance (POP) ends on December 31, 2023. During the POP for the new contract NMSI will continue to provide the O&M services it currently provides on contract 47PL0218D0011.

The POP for this contract will begin on January 1, 2024. It is anticipated this requirement will have a one-year POP and include one four-month option period IAW Federal Acquisition Regulation (FAR) 52.217-9 (Option to Extend the Term of the contract) and six one-month option periods IAW FAR 52.217-8 (Option to Extend Services). One purpose for this contract is to prevent a break in O&M services at the EGWW FB. This contract will allow GSA time to prepare the necessary documentation and undergo the necessary training for the future FEM BPA, conduct a best-value trade-off acquisition for the award of the FEM BPA in FY25, and provide a transition period for the new FEM contractor to assume the first grouping of many contractual responsibilities associated with the new FEM BPA can be successfully completed.

3. Estimated Dollar Value.

The estimated dollar value for this requirement is $799,010.67.

4. If Sole Source, does Sole Source vendor hold a GSA Schedule (Utilization of FAR Part Eight (8))?

☐ Yes

☐ No

☒ N/A

(If the answer is No or N/A, skip to No. five (5).

DocuSign Envelope ID: BA440F85-41BF-4481-BB93-7A2F9025857B

4a. If action will utilize FAR Part 8 FSS/GSA schedule, identify which circumstance justifies the LSJ action:

This action will not utilize FAR Part 8 FSS/GSA Schedule.

5. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(b)(2) (Use of noncompetitive procedures) as implemented by FAR 13.5 Simplified Procedures for Certain Commercial Products or Services.

6. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

GSA R10 PBS is in the process of fulfilling requirements from a directive received from its national office to implement a new FEM for its federal buildings and courthouses in western Oregon. GSA R10 PBS currently has two O&M contracts with expiration dates of 12/31/2023. GSA R10 PBS intends to incorporate the federal buildings and courthouses maintained on these two contracts into the new FEM in FY25. One of these two contracts is the O&M contract for the EGWW FB. To comply with GSA’s national office directive to implement the new FEM will require a significant amount of time to develop the necessary documentation, undergo necessary internal training, coordinate with contractors who have contracts that will be affected by this shift to the FEM, and award of a new contract. The amount of time currently available on the two O&M contracts is insufficient to be able to complete these necessary tasks.

To fulfill GSA national office’s directive, GSA R10 PBS requires more time than is available before the POP for each of these two contracts expires to prepare the necessary documentation, undergo necessary internal training, award a new contract, and allow for a transition period for the new FEM contractor to assume responsibility for the buildings on these two contracts. This requirement will be a one-year IDIQ contract and will include one four-month option period and an additional six one-month option periods.

NMSI, the current contractor for the EGWW FB O&M contract, is uniquely qualified to continue providing these services for the EGWW FB as NMSI has provided these services at the EGWW FB for over ten years. Following a total building renovation in 2013 NMSI was selected as the contractor for two consecutive O&M contracts at the EGWW FB:

Contract No. GS-10P-13-LS-A-0014 Task Order No. GS-P-10-16-LS-7020

POP: 07/01/2013 through 06/30/2018

Contract No. 47PL0218D0011

POP: 07/01/2018 through 12/31/20223

To prevent a break in critical O&M services to the EGWW FB it is in the best interest of the Government to award this follow-on contract to NMSI. NMSI has the corporate knowledge of the inner workings of this complex building and has the personnel in place with the necessary knowledge of the building’s critical inner workings and expertise to complete the work needed to continue to maintain the building’s operational standards for its occupants and visitors during the anticipated one-year period of performance.

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

5.202 applies (FAR 6.303-2(b)(6)).

GSA R10 intends to solicit competition from small business vendors through GSA E-Buy for the FEM BPA in FY25. Soliciting competitive quotes for this follow-on contract is not practical or cost efficient to the Government. To meet the requirements of GSA’s national office directive as well as maintain continuous, uninterrupted O&M services to the EGWW FB while the new FEM BPA is coordinated, solicited, and awarded it is necessary for GSA R10 PBS to award this one-year follow-on contract to the current EGWW FB O&M contractor, NMSI. Awarding to NMSI will provide continuity of the services and avoid unnecessary start-up costs which would occur if this short-term contract was awarded to a new contractor. NMSI has the historical knowledge needed to provide these services during this limited POP.

8. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR

6.303-2(b)(7)).

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable based upon FAR 13.106-3(a)(2)(ii) (Comparison of the proposed price with prices found reasonable on previous purchases) and FAR 13.106- 3(a)(2)(vi) (Comparison to an independent Government estimate). Prior to award of the proposed contract a cost analysis of the quote received will be performed and any necessary exchanges with NMSI will be conducted to determine that the cost to the Government for the proposed acquisition will be fair and reasonable.

9. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

On September 28, 2023, the Contract Specialist (CS) conducted market research using the Small Business Administration (SBA) Dynamic Small Business Search (DSBS) using NACIS Code 561210 searching for small business in WA, OR, and ID to identify if other sources could provide these services at this location in a timely and efficient manner. The search results revealed there are 947small business vendors throughout the three states which provide services under the NAICS Code 561210.

The CS also conducted market research through the AbilityOne Procurement List Search Services in ID, OR, and WA and found there are no AbilityOne vendors available in the search areas. A search of GSA’s eLibrary resulted in numerous small business contractors who provide services under the NAICS Code 561210. While the results of the market research conducted using the SBA’s DSBS reflect there are numerous small business vendors that provide services under the applicable NAICS Code, GSA determined awarding a follow-on contract for the limited amount of time to NMSI will ensure continuity of the essential O&M services for the EGWW FB while GSA implements the new FEM IAW GSA’s national office directive. Soliciting and awarding a contract for O&M services at the EGWW FB to a contractor other than NMSI would result in additional procurement costs to the Government and put the Government at risk for a break in service and/or substandard performance by an alternate contractor which will create numerous detrimental impacts to the building occupants and visitors.

Based on the results of market research, the Government determined that there were no contractors that could be able to provide these services.

10. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

This contract is necessary to avoid a break in critical O&M services at the EGWW FB. Reprocuring these services would cause a detrimental delay in services that would pose risks to the Government as well as occupants and visitors to this FB.

GSA R10 PBS was in the process of reprocuring O&M services for the EGWW FB as well as O&M services for four other federal buildings and courthouses. The POPs for both contracts were already extended to December 31, 2023, using FAR 52.217-8 (Option to Extend Services) to allow time to solicit quotes for a new contract that would incorporate O&M services for all five buildings currently on the two separate O&M contracts. Just before the solicitation was set to be released on GSA e-Buy as a small business set-aside R10 PBS received GSA’s national office directive to implement the FEM by FY25. Since the solicitation for the new O&M contract had not yet been posted on GSA e-Buy a decision was made to stop that procurement and, in order to meet the national office directive, develop a plan to implement the FEM for the Oregon suite of federal building O&M and elevator contracts. The FEM contract will include the federal buildings and courthouses currently maintained on these two O&M contracts (47PL0218D0011 and 47PL0218D0013) as well as nine other contracts. Procurement of a new contract is not a viable option based upon the amount of time remaining on these two contracts.

This contract will have a one-year POP as well as a four-month option period and six one-month option periods to allow time for GSA to prepare the necessary documentation and award the new FEM contract as well as begin the lengthy transition period with the new contractor. The intent of this requirement is to award a follow-on contract to the current contractor, NMSI. During the POP for the follow-on contract NMSI will continue to provide the necessary services it currently provides under contract 47PL0218D0011. NMSI possesses the experience and expertise required at this site to perform the work necessary to maintain this FB in a safe, cost effective, and efficient manner during this limited amount of time. The anticipated startup costs for a new contract would not be cost effective to the Government.

11. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

On September 29, 2023, Northern Management Services, Inc., the current contractor, expressed its written interest in this requirement via email.

12. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

GSA intends to solicit competitive quotes from small business vendors via GSA E-Buy for the FEM contract to be awarded in FY25. Based upon the market research conducted on GSA eLibrary for this requirement there are an abundant number of contractors available and from a random sampling multiple small businesses are represented within the GSA eLibrary search results. GSA intends to solicit quotes from small businesses on GSA e-Buy for the FEM requirement.

13. Research to support the facts presented for the justification above.

While market research identified numerous vendors in a three-state area who perform work under NAICS Code 561210, to avoid a break in vital O&M services at this FB it is in the best interest of the government to award this short-term contract to the current O&M contractor at the EGWW FB, NMSI.

14. CERTIFICATION (See, FAR Part 6.304 for approval thresholds and FAR Part 6.305 for 6.305 availability of the justification).

Contracting Officer: I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Signature Date Name: Joshua Anderson Title: Supervisory Contract Specialist

15. CONCURRENCE

Concur: One-Above the Contracting Officer

Name: Thomas Ebenhoh Title: Branch Chief, Services Contracting

Approved: Director, Acquisition Management Division

Name: Paul J. Reed Title: Director, Acquisition Management Division (R10)

Concur: Office of General Counsel

Name: Leah Wright Title: Deputy Regional Counsel

DocuSign Envelope ID: BA440F85-41BF-4481-BB93-7A2F9025857B

11/27/2023

11/27/2023

11/27/2023

11/27/2023