revised 08/26/2024

JUSTIFICATION AND APPROVAL (FAR 6.3, FAR 13.501(a))

Operations & Maintenance Services

James M. Ashley & Thomas W. L. Ashley U.S. Courthouse & Annex

1716 Spielbusch Avenue

Toledo, OH 43604

1. Contracting Agency and Activity. The General Service Administration, Acquisition Facility Management Contracting Division East plans to contract by means other than full and open competition. Select one option below.

☐ Brand Name Justification ☒ Sole Source Justification (SSJ)

If SSJ, Annotate the following: Vendor Name: CMC & Maintenance, Inc. UEI: XS27YPMDNVX8

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

This activity proposes extending the period of performance for Operations and Maintenance services by six months from March 1, 2026 to August 31, 2026, per FAR clause 52.217-8. At the time of the base contract award, pricing was not requested or evaluated, this will be a non-competitive modification. Additionally, this activity proposes to negotiate a non-competitive modification for an additional three months for a period of performance of September 1, 2026 through November 30, 2026.

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 contract and the award of the follow-on contract. With the newly constructed Annex and the renovations of the James M. Ashley and Thomas W.L. Ashley U.S. Courthouse (Ashley Courthouse), the equipment asset list was incomplete at the time of the planned solicitation. Due to this, prospective contractors would have significant difficulty pricing the standard service requirements. At this time, the Ashley Courthouse is still under renovation and is scheduled for substantial competition in February 2027.

3. Estimated Dollar Value: The estimate is $438,125.00 (for the 9 months)

4. 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(a)(2) as implemented by the Federal

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

5. 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))

CMC & Maintenance, Inc. is uniquely qualified to provide these services to GSA PBS based upon the following: 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 risk of severe system failure within the facility should services be interrupted while waiting for the processing of credentials from another contractor. These systems require continued scheduled preventative maintenance and operations to ensure continued satisfactory performance. Due to the unusual and compelling urgency circumstances, this justification to limit competition for this project is required to protect the

Government from unnecessary delays in securing operations and mechanical maintenance services. Without an operations and mechanical maintenance service contract, the mechanical equipment would become inoperable or unsafe for the employees and public who require access to the building. The resultant modification will help ensure the safety of the mechanical equipment operations and maintain the building assets.

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 (FAR 6.303-2(b)(6)

In accordance with FAR 6.305, the justification 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 (FAR

6.303-2(b)(7))

The Contracting Officer determines that the anticipated price will be fair and reasonable based on a comparison to the current price and a comparison to the Government Cost Estimate. Prior to the award of the proposed modification, price information shall be obtained from the contractor, and a price analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

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 (FAR 6.303-2(b)(8))

Market research was performed for the current contract, which resulted in the award to the current contractor. The government has determined that no other contractors are available to begin services by the current end date of performance. No other

Docusign Envelope ID: F0AC13A1-3521-48F4-BF6A-0EF96432792F https://www.acquisition.gov/far/part-6#FAR_Subpart_6_3 https://www.acquisition.gov/far/part-13#FAR_13_501__d801e10 revised 08/26/2024 2 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 (FAR 6.303-2(b)(9))

There are no additional facts to be reported.

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

No sources indicated an interest in this acquisition for this shortened performance period.

11. 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))

Competition is already underway for a follow-on BPA, with a planned award on or around October 1, 2026. The extended period of performance will be established only to provide continued services while the competitive source selection process is being conducted.

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

Renovations of the Ashley Courthouse are still underway.

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

Technical/Requirements Personnel: I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

Signature (Contracting Officer’s Representative) Date

Name: ____________________________

Title: _____________________________

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: ____________________________

Title: _____________________________

Docusign Envelope ID: F0AC13A1-3521-48F4-BF6A-0EF96432792F

1/29/2026

Benjamin ONeal

Property Manager

Contracting Officer

1/29/2026

Natasha Cunningham