FAR_6_OFOC_v3.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 Janitorial and Related Services

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

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 extend the period of performance for Janitorial and Related services by three months from August 1, 2022, through October 31, 2022, per FAR clause 52.217-8. Due to 52.217-8 not being evaluated at the time of the base contract award, this will be a non-competitive modification.

This activity also proposes to negotiate a non-competitive award (sole source) for a period of six months. The period of performance for the awarded modification is November 1, 2022, through

April 30, 2023.

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. Market research is being conducted to ensure there are 8(a)’s capable and interested in this requirement. This effort is being done very methodically because this will be such a large requirement for an 8(a) vendor.

DocuSign Envelope ID: CAAADCA5-6A5C-4686-8E02-95A3E51433FB

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

The 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

GSA requires this extension to the existing IDIQ contract for multiple reasons:

1. This procurement was previously delayed due to a change in procurement strategy.

Originally, GSA intended to incorporate these services into an AbilityOne contract in the same geographic area. The strategy had to be changed due to multiple concerns from outside sources, which happened towards the end of the procurement process. This change required significant adjustments to the scope of work and estimate.

2. There are performance concerns with the existing snow and landscape services for Location 1 and 4, which will result in the existing contract ending before the ultimate completion date.

This will require the snow and landscape services for locations 1 and 4 to be temporarily modified into the Janitorial and Related Services contract to ensure continued performance of these critical services.

3. Based on a National Initiative and the collaborative efforts of numerous teams within the

Great Lakes Region, it has been determined the best way to support locations 1 and 4 is to have the Snow and Landscaping services added to the new Janitorial Service follow-on award with a planned award date in Q2 of FY23.

4. The extension will allow time for the Facilities Operations Team (FOT) to incorporate the Snow and Landscape services for Locations 1 and 4 into the procurement package for the new requirement, including the scope of work, attachments, and the cost estimate. Based on the FOT’s current workload, they are not able to start this process immediately. Once they do, this will require significant effort and coordination to ensure that each location and all services are adequately addressed.

5. Finally, the existing janitorial and related services contract and the existing snow and landscaping contract are both part of the 8(a) program. GSA aims to continue with these requirements in the 8(a) program; this 9-month extension will allow GSA to properly compete this requirement among 8(a) vendors utilizing a Source Selection Evaluation Board to determine the best value for the Government.

The estimated value for these services is $284,549.19 per month with a not to exceed value of

$2,560,942.71 for the 9-month period.

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 based on the following:

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

b. All contractor personnel have received favorable adjudication of their National Agency

Check with Inquiries clearance.

c. A GSA ENT user credential permitting full access to the facilities and systems. 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.

d. 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 current contract is due to expire on 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, this situation does not permit the solicitation of additional offers.

Americlean, the current janitorial contractor, 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 9-month period.

They already have cleared personnel that 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.

A notice will not be publicized in accordance with FAR 5.202(2); however, to meet the requirements of 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 as well as the GCE.

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.

Market research was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement for the existing need. Based on the results, the government has determined that no contractors are available to begin services within 30 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.

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.

Market research is already underway to ensure competition for the follow-on contract, which has a planned award date in Q2 of FY23.

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 P. SIEBEN _____________

Title: ____Contracting Officer__________

13. CONCURRENCE

Concur: One Level Above the Contracting Officer

Name: __Katie Musselman____________

Title: __Supervising Contracting Officer___

DocuSign Envelope ID: CAAADCA5-6A5C-4686-8E02-95A3E51433FB

7/28/2022

Concur: Two Levels Above the Contracting Officer

Name: __Phillip Moore____________

Title: __Branch Chief___

Concur: Office of General Counsel

Name: ____Robert Foltman__________

Title: ______Legal Counsel____________

Approved: Competition Advocate

Name: ___Michael Wolff____________

Title: ____Competition Advocate______

DocuSign Envelope ID: CAAADCA5-6A5C-4686-8E02-95A3E51433FB

7/28/2022