J_A CHET Holifield FINAL.pdf

GS-06F-0069N/GS-P-09-09-KS-0049 LIMITED SOURCES JUSTIFICATION & APPROVAL

(J&A) TO AWARD SOLE SOURCE DUE TO A POST -AWARD GAO PROTEST FOR

BLANKET PUCHASE AGREEMENT 47PK0220A0004

Subject: Limited Sources Justification to Award a Sole Source Contract Pursuant to Federal Acquisition Regulation 8.405-6 (a)(1)(C) while a Post-Award Protest is pending at the General Accountability Office (GAO) for Blanket Purchase Agreement 47PK0220A0004, CHET Holifield, O&M, VTE and Related Services, Laguna Niguel, California.

Background:

Request for Quotation 1393010/47PK0219Q0010 was issued on August 30, 2019 and quotes were initially due October 11, 2019. Subsequent amendments extended the due date to November 22, 2019.

The General Services Administration (GSA) Acquisition Management Division received alleging that GSA’s technical evaluation was unreasonable and inconsistent with the terms of the Request for Quote (RFQ). The current contract was set aside for a small business.

The protester alleges that GSA’s technical evaluation was “patently” irrational in regards to the asbestos work that is on-going at the CHET Holifield Federal Building. The protester also alleges that the awardee had

A Competition and Contracting Act (CICA) stay is in place due to the protest being filed within the time limits for a CICA stay to apply. The current task order will expire on March 31, 2020, and the Government has an ongoing need to ensure continued Operations and Maintenance services at the federal facility. Federal Acquisition Regulation (FAR) 8.405-6 allows for a limitation of sources in certain circumstances. One of the situations includes where an “urgent and compelling need exists.” Here, services need to continue at the CHET Holifield Federal Building, thus an interim contract will be awarded to the incumbent contractor based on the following:

Facts:

1. Firm Fixed Price bridge contract to (the incumbent contractor) to ensure continuity or services as of April 1, 2020 for Operations & Maintenance, Vertical Transportation Equipment and Related Services. The interim contract will be for three month base with one option for three months, and a six-month extension clause under 52.217-8 in order to provide services to the CHET Holifield Federal Building, Laguna Niguel, CA while pending resolution of the protest.

2. Contract award must be made immediately since services end March 31, 2020, and GSA has a bona-fide need for the aforementioned services. An urgent and compelling need exists because without operations and maintenance and vertical transportation equipment services, the CHET Holifield would be left with maintenance issues, tenant relationship issues as well as possible hazardous environmental issues (there is asbestos in the building). Should operation and maintenance services cease to be performed, the CHET Holifield Federal Building could become uninhabitable as a workplace. Award of bridge contract will fulfill a critical need in the interim.

3. The incumbent’s contract could not be extended since the clause at 52.217-8 was already exercised.

Due to the urgency for continued services there is no time to compete a bridge contract since services are required April 1, 2020. The incumbent contractor already has the required clearances and knowledge of the building to continue performance of the services while a new contractor clearances would take 30 to 60 days, thus a sole source bridge contract will be awarded to for the continuity of services.

4.

5. Market Research was conducted among schedule holders Due to the urgency of this action, a competition and award cannot be accomplished and be in place by April 1, 2020. The incumbent can continue all the services including asbestos management without interruption.

6. Due to the time constraint of having to have in place a contract for continuity of services, there were no actions available to take to overcome any barriers that led to the restricted consideration.

The protested award was made on February 24, 2020 and no other alternatives are available to ensure the continued operations and maintenance of the building including the asbestos work.

7. The sole source bridge contract will be procured under FAR 8-405-6(a)(1)(A). Limiting Sources.

Pursuant to FAR Part 8.405-6(a)(2)(ii) in “the case of an order or BPA permitted under paragraph (a)(1)(i)(A) of this section, the justification shall be posted within 30 days after award.”

8. Contract award is likely to occur by March 29, 2020, which is three days before the current contract expires.

9. All the requirements of 8.405-6(c)(2)(i) through (x) have been addressed within this J&A.

Pursuant to FAR 8.405-6(a) (1)(C) and based upon the above facts, a sole source award is justified based on an urgent and compelling need that exists. As the ordering activity contracting officer, I certify that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief as specified at 8.405-6(c)(2)(x) .

SIGNATURES:

JAMES HUGHES,

Contracting Officer Date:

Date: