FAR_6_OFOC_In_Lieu_of_52.217-8_Eval.docx.pdf

GENERAL SERVICES ADMINISTRATION

Public Building Service Great Lakes, Region 5

Acquisition Management Division Justification and Approval for Other than Full and Open Competition

Project Name: GS-05-P-17-SA-D-0006 PVM Janitorial

1. Identification of the agency and contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the General Service Administration (GSA) Public Building Services (PBS)

Great Lakes Region 5 Acquisition Management Division.

Vendor Name: Americlean Janitorial Services Corp UEI: QT7CENFQJ577

Cage: 63BV0

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

This activity proposes to negotiate a non-competitive award (sole source) for the procurement of Janitorial and Related services for a period of three months. The anticipated period of performance for the awarded modification is: May 1, 2022 through

July 31, 2022 or a portion thereof.

This extended period is to ensure that GSA has a means to continue performance of critical services to its facilities between the expiration date of the current IDIQ contract and the award of the follow-on contract. Competitive source selection is underway for a follow-on award with an expected award date of FY22, Q3.

3. Description of the supplies or services required to meet the agency’s needs

(including the estimated value).

The primary contract is to provide Janitorial and Related services for GSA Region 5

PBS at the following locations:

Location 1: Patrick V. McNamara (PVM) Federal Building Location 2: PVM Parking Garage Location 3: Howard Street Parking Location 4: Theodore Levin US Courthouse, Detroit, MI Location 5: Rosa Parks Federal Building, Detroit, MI Location 6: Rosa Parks Federal Building Garage, Detroit, MI Location 7: Customs Cargo Inspection Facility, Detroit, MI Location 8: Non-Intrusive Inspection Facility, Detroit, MI Location 9: Broker’s Building, Detroit, MI Location 10: USDA Canopy, Detroit, MI Location 11: Gantry Building, Detroit, MI Detroit, MI

DocuSign Envelope ID: B51AAE9E-DCA4-42B5-BF65-6E0C885F7F87

GSA requires this extended period for the existing IDIQ contract to cover the need for services as there is a delay in establishing the follow-on contract. An extension to the

IDIQ contract provides GSA with the most effective and efficient method of contract performance and will reduce contract award lead time until the follow-on contract is in place.

The estimated value for this acquisition is $284,546.16 per month with a not to exceed

$853,638.48 (3-month total).

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

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled: “Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements,” and 41 U.S.C.3304(a)(2) as implemented by the Federal

Acquisition Regulation (FAR) Subpart 6.302-2 entitled “Unusual and compelling urgency.”

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

Americlean is uniquely qualified to provide these services to GSA PBS based upon the following:

a. They are currently performing these services satisfactorily and have specific knowledge of the facilities and required services.

All contractor personnel have received favorable adjudication of their National

Agency Check with Inquiries clearance and a GSA ENT user credential permitting full access to the facility and system.

There is a risk to building operations should services be interrupted. A lapse could lead to a reduction in the level of service and cleanliness provided for the building tenants and visitors. Without a janitorial services contract, the building would potentially become unsafe and hazardous for the employees and public who require access to the building

b. The statutory authority cited is FAR 6.302-2(b) which states this authority applies when an unusual and compelling urgency precludes full and open competition, and a delay in award of a contract would result in serious injury, financial or other, to the Government. Due to unusual and compelling circumstances arising from the unanticipated delays in the procurement for follow-on services, this justification to limit competition for this project is required to protect the Government from a lapse in janitorial services while GSA is procuring the follow-on contract. The resultant modification will help ensure the safety of the building.

The current contract is due to expire on April 30, 2022.

The Northern Services Contracting Team’s original intention was to have the follow-on contract for janitorial and related services at these locations in place to begin on

May 1, 2022. GSA has developed the Strategic Acquisition Services (SAQs) plan which aims to improve the planning, procurement, and administration of facilities management service contracts by developing a strategic plan. However, delays in the new SAQs program procurement have resulted in a potential gap in services.

The existing contract with the incumbent contractor, Americlean Janitorial Services

Corp., will be extended for 3 months in accordance with FAR 52.217-8 due to the urgent need for these services. To ensure continuation of services, it is necessary to restrict competition to the incumbent contractor who is qualified to continue providing service until July 31, 2022.

6. 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.

Due to the urgency of this situation and the need to avoid a lapse in service to the building tenants, this situation does not permit the solicitation of additional offers.

Americlean, the current janitorial contractor at the multiple locations in Detroit, Michigan, was contacted to determine if they were interested in continuing to provide services.

Americlean, did express interest in continuing to provide services for an additional 3-month period. Also, they already have cleared personnel that would meet GSA’s requirements in this short time frame. Once this was confirmed, it was determined that an extension to

Americlean’s existing contract would be completed to ensure that there was no lapse in service.

In accordance with FAR 6.305(b), the OFOC will be posted within 30 days after the execution of the modification.

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

No award shall be made until the Contracting Officer determines the cost to the

Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing.

8. 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.

Due to the time constraints for this procurement, no market research was conducted due to the unusual and compelling circumstances.

Market research was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement for the existing solicitation. Based on the results of market research, the government has determined that no contractors are available to begin services within 45 days, by the current end date of performance. No other contractor possesses personnel with the specific building knowledge or security credentials required to continue performance with this shortened period for execution.

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

There are no additional facts to be reported in this section.

10. A listing of any sources that expressed a written interest in the acquisition.

One source has been identified and is listed below:

Americlean Janitorial Services Corp

6066 Shingle Creek Pkwy STE 1105

Minneapolis, MN 55430

11. A statement of any actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

Competition is already underway for a follow-on contract, with a planned award during

FY22, Q3. The extended period of performance will be established only to provide continued services while the competitive source selection process is being conducted.

12. CERTIFICATION

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: __ Ronald Sieben _____________

Title: ____Contracting Officer__________

3/24/2022

13. CONCURRENCE

Concur: One-Above the Contracting Officer

Name: __Katie Musselman____________

Title: __Supervising Contracting Officer___

Concur: Office of General Counsel

Name: ____Joanna Obrochta__________

Title: ______Legal Counsel____________

Approved: Competition Advocate

Name: ___Michael Wolff____________

Title: ____Competition Advocate______

DocuSign Envelope ID: B51AAE9E-DCA4-42B5-BF65-6E0C885F7F87

3/24/2022

3/24/2022

3/31/2022