J and A Unusual and Compelling Urgency.pdf

General Services Administration Public Buildings Service

Acquisition Management Division Services Acquisition Branch (6P1QC)

Emergency Bridge Contract

Facilities Engineering Services Neal Smith Federal Building, 210 Walnut Street

US Courthouse, 123 E. Walnut Street US Courthouse, 111 Locust Street

Des Moines, IA 50309

Justification for Other than Full and Open Competition FAR 6.302-2, Unusual and Compelling Urgency

Nature and/or description of the action being approved.

This justification is for an emergency, sole source bridge contract to provide facilities engineering services at Neal Smith Federal Building at 210 Walnut Street, the US Courthouse at 123 E. Walnut Street, and the US Courthouse at 111 Locust Street in Des Moines, IA for a period of approximately 1-year, with services March 1, 2025 through February 28, 2026. This bridge contract will be a firm fixed-price, commercial item, performance-based contract, and will contain no additional option periods.

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

The General Services Administration (GSA) has determined there is a continued need for the provision of facilities engineering services at the subject location, beginning on March 1, 2025 and running through February 28, 2026.

The Contractor must provide all administration, management, supervision, labor, materials, supplies, repair parts, tools and equipment; and must plan, schedule, coordinate, inspect and ensure effective and economical completion of all work and services specified for the operation, maintenance and repair of the building(s), equipment and related services specified in this contract for the Neal Smith Federal Building, 210 Walnut Street, US Courthouse, 123 E. Walnut Street, and the US Courthouse, 111 Locust Street, and all equipment, electrical and mechanical systems, structures, architectural finishes, and utilities, located on, within, or beneath, this facility's interior and exterior extending to the legal property line.

Period of Performance for Bridge Contract: March 1, 2025 - February 28, 2026 Estimated Value of Bridge Contract:

Frequency Neal Smith FB Des Moines CH (Old)

Des Moines CH (New)

TOTAL

Monthly $78,923.96 $25,466.85 $68,399.68 $172,790.49

Annually $947,087.52 $305,602.20 $820,796.16 $2,073,485.88

Statutory authorit y permitting other than full and open competition.

FAR 6.302-2, Unusual and Compelling Urgency 41 U.S.C. 3304, Use of Noncompetitive Procedures

Demonstration the nature of the acquisition requires use of the authority cited.

Facilities engineering services at Neal Smith Federal Building, 210 Walnut Street, US Courthouse, 123 E.

Walnut Street, and the US Courthouse, 111 Locust Street were scheduled to continue under Contract 47PG0121D0004 through at least February 28, 2026 with the current vendor SGS KG, LLC. However, due to

Docusign Envelope ID: FA68E4D2-9C7B-4905-AD7E-C8064E7BFEEB numerous failures to meet contract requirements including failure to partner and lack of corporate involvement among other things, the Contracting Officer has determined to not exercise the final option per FAR 17.207.

This action leaves the Government less than 100 days until February 28, 2025 to award a bridge contract to ensure facilities engineering services continue at the Neal Smith Federal Building, 210 Walnut Street, US Courthouse, 123 E. Walnut Street, and the US Courthouse, 111 Locust Street, Des Moines, Iowa. Furthermore, in order to provide a successful transition, SSI will need at least 60 days to perform initial inspections, submit necessary documentation (e.g. building operation plan, deficiency report, etc.), and any other work required before the start of the contract. Based on the extremely short time available to make an award, a sole source procurement utilizing 6.302-2 is the Government's only viable option to ensure services are maintained.

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 subpart 5.2 and, if not, which exception under 5.202 applies.

Due to the circumstances under which this bridge contract is required, it is impracticable for the Government to request offers from as many potential sources as possible (see above). Only one vendor has the ability to continue services without the need for additional site visits, interstate travel, and phase-in of new employees, equipment, and other items necessary to provide the requested services.

However, during this bridge contract period of performance the Government will work to submit a solicitation to the Multiple Award Schedule (MAS) under FAR Part 8.4. This solicitation will be for a negotiated, performance based, requirements contract that will be set-aside for total small businesses in accordance with FAR 6.203 and 19.502-2. The expected beginning of performance for the new solicited award will be March 1, 2025.

No synopsis is required for this contract action in accordance with the exception identified under FAR 5.202(a)(2).

This bridge contract must be awarded in less than 60 days, which does not give the Government time to comply with the time periods specified in FAR 5.203. By synopsizing the requirement, the Government would be seriously injured as required services would not be offered at the Neal Smith Federal Building, 210 Walnut Street, US Courthouse, 123 E. Walnut Street, and the US Courthouse, 111 Locust Street, Des Moines, Iowa for an extended duration.

However, in accordance with 41 U.S.C §3304 and FAR 6.305 the justification for non-competitive procedures will be posted to the Government Point of Entry (GPE) within 30 days of award of the bridge contract.

Determination that the antic ip ated cost to the Government will be fair and reasonable.

The Contracting Officer has determined the anticipated cost of this bridge contract to be fair and reasonable. The determination is based on the following facts: (1) this bridge contract is being issued to a current O&M vendor in Region 6 who is familiar with the building and the scope of work and has a track record of good past performance and reasonable pricing; (2) the Government developed an IGE which accounts for the unusual nature of this bridge contract; and (3) the labor rates for productive personnel are set by the Department of Labor Wage and Hour Division and are applicable to all Service Contract Labor Standards Act. Finally, the cost of this service contract is primarily dictated by the labor rates identified in the applicable Department of Labor Wage Determination, as identified in the Service Contract Labor Standards Act. These factors allow the Contracting Officer to determine the cost for this bridge contract to be fair and reasonable.

A descr ip tion of the market research conducted.

No additional market research has been conducted for this bridge contract.

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

In this instance, failure to produce a bridge contract will result in Mechanical Maintenance services stopping at Neal Smith Federal Building, 210 Walnut Street, US Courthouse, 123 E. Walnut Street, and the US Courthouse, 111 Locust Street, Des Moines, Iowa. There will be significant failure if services are not continued. The timeline of events does not allow for a proper procurement. This will result in necessary services not being performed to maintain the building at a level required for tenant occupancy. This is in violation of our occupancy agreements with our tenant agencies and may result in preventable damage to the building that could be exceedingly expensive to repair or replace.

A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

A statement of the actions, if any , the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The re-procurement of facilities engineering services for Neal Smith Federal Building, 210 Walnut Street, US Courthouse, 123 E. Walnut Street, and the US Courthouse, 111 Locust Street, Des Moines, Iowa will be procured through eBuy, using full and open competition after exclusion of sources in accordance with FAR 6.203, set asides for small business concerns. This re-procurement will be conducted during the period of performance of this bridge contract and will be conducted in accordance with the GSA Procurement Instruction Bulletin (PIB) 15-01, which will provide ample time for small business participation. Based on prior eBuy Request For Quote (RFQ) submissions, we anticipate this solicitation will be sent to 75+ vendors under the 561210FAC Special Item Number (SIN).

I, Thomas Prince, Contracting Officer, hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Thomas Prince, Contracting Officer Services Acquisition Branch (6P1QC)

Cole White, Branch Chief Services Acquisition Branch (6P1QC)

Crystal Martin, Branch Chief Acquisition Programs and Quality Assurance Branch (6P1QP)

Terrance Cowley, Contracting Director Region 6, Acquisition Management Division

Jeffry Young, Attorney Advisor Region 6, Legal Council

Shellie Gill, Competition Advocate Region 6, Public Building Service

David Rumsey, Acting Head of Contracting Activity Region 6, Public Building Service

Certificate Of Completion Envelope Id: FA68E4D29C7B4905AD7EC8064E7BFEEB Status: Completed

Subject: Complete with Docusign: J&A Unusual and Compelling Urgency.pdf

Source Envelope:

Document Pages: 3 Signatures: 7 Envelope Originator:

Certificate Pages: 2 Initials: 0 Thomas Prince

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC) Dublin, Edinburgh, Lisbon, London

1800F F St NW

Washington DC, DC 20405 thomase.prince@gsa.gov

IP Address: 159.142.0.129

Record Tracking Status: Original

12/5/2024 3:38:31 PM

Holder: Thomas Prince thomase.prince@gsa.gov

Location: DocuSign

Security Appliance Status: Connected Pool: FedRamp

Storage Appliance Status: Connected Pool: US General Services Administration Location: DocuSign

Signer Events Signature Timestamp Cole White cole.white@gsa.gov

Supervisory Contract Specialist

US General Services Administration

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Using IP Address: 108.202.88.245

Sent: 12/5/2024 3:42:52 PM

Viewed: 12/6/2024 4:24:58 PM

Signed: 12/6/2024 4:25:12 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Crystal Martin crystal.martin@gsa.gov

US General Services Administration

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Using IP Address: 159.142.0.129

Sent: 12/5/2024 3:42:53 PM

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Signed: 12/5/2024 4:05:58 PM

Electronic Record and Signature Disclosure:

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David Rumsey david.rumsey@gsa.gov

Acting Regional Commissioner

US General Services Administration

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Signed using mobile

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Signed: 12/5/2024 6:20:57 PM

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Jeffry Young jeffry.young@gsa.gov

R6 Attorney/Advisor

US General Services Administration

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Using IP Address: 173.24.226.136

Sent: 12/5/2024 3:42:53 PM

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Signed: 12/5/2024 4:10:05 PM

Electronic Record and Signature Disclosure:

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Signer Events Signature Timestamp Shellie Gill shellie.gill@gsa.gov

Acting Deputy Regional Commissioner/ Regional

Competition Advocate

US General Services Administration

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Using IP Address: 159.142.0.150

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Terrance Cowley terrance.cowley@gsa.gov

Division Director

US General Services Administration

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Electronic Record and Signature Disclosure:

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Thomas Prince thomase.prince@gsa.gov

Contract Specialist

US General Services Administration

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Signature Adoption: Pre-selected Style

Using IP Address: 159.142.0.129

Sent: 12/5/2024 3:42:54 PM

Viewed: 12/5/2024 3:43:26 PM

Signed: 12/5/2024 3:43:43 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

In Person Signer Events Signature Timestamp

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Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/5/2024 3:42:55 PM

Certified Delivered Security Checked 12/5/2024 3:43:26 PM

Signing Complete Security Checked 12/5/2024 3:43:43 PM

Completed Security Checked 12/6/2024 4:25:12 PM

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