J.A Redacted W81K0422D0008.pdf

CUI//SP-PROCURE

(Source Selection information - See FAR 2.101 and 3.104-4)

1 AUG 2022

Justification and Approval

Program/Equipment: This modification action request is to a firm fixed price IDIQ contract W81K04-22-D-0008 with Main Building Maintenance, Inc. (MBM) for the continuation of healthcare environmental cleaning and related services for various medical clinics and hospital at William Beaumont Army Medical Center (WBAMC), in El Paso, Texas.

Authority: 41 United States Code 3304(a)(1) as implemented in Federal Acquisition Regulation 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements”.

Healthcare environmental cleaning services

William Beaumont Army Medical Center, El Paso, Texas

(Source Selection Information - See FAR 2.101 and 3.104-4)

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Justification and Approval

1. Contracting Activity: Medical Readiness Contracting Activity – West (MRCO-W)

2. Description of Action: The Environmental services Department at William Beaumont Army Medical Center (WBAMC) requests a modification with Main Building Maintenance, Inc, for additional healthcare environmental cleaning services. The Government projects the modification to be in place by 1 June 2024 and will utilize Defense Health Program (DHP) type of funds.

An acquisition plan is not required because this modification is not a new contract request.

This action is a modification request under Federal Acquisition Regulation (FAR) 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements”, to the firm fixed price IDIQ contract with Main Building Maintenance (MBM), Inc. This modification captures increased and new non-personal healthcare environmental cleaning service requirements at William Beaumont Army Medical Center and it outlying clinics located at Biggs Army Airfield, TX, McGregor Range, NM and White Sands Missile Range, NM (hereinafter referred to collectively as “WBAMC"). The original contract Performance Work Statement and Exhibits require modification to show corrected and updated floor plans and the types and levels of cleaning services required at each building in each location. In order to increase the hygienic posture of the hospital to protect patient safety, these modifications must be implemented without the delay a competitive acquisition would incur.

The IDIQ W81K04-21-R-0004 was competed under Federal Acquisition Regulation 15.101-2 lowest price technically acceptable source selection process. The Contracting Officer issued solicitation W81K04-21-R-0004 as a competitive 100% Small Business set-aside on SAM.gov, 15 October 2021, as required by FAR 5.201. There were thirteen (13) proposals. After competitive range was established and through various discussions for revised pricing, ultimately the awardee was Main Building Maintenance, Inc (MBM) with the lowest price technically acceptable offer.

Contract W81K04-22-D-0008 was awarded on 29 June 2022 with the ordering period of 1 July 2022 – 30 June 2027. The ordering period was modified to 1 February 2023 – 30 November 2027 after resolution of a protest.

Total of three (3) task orders have been issued to date with a total obligated amount of

As of 1 May 2024, W81K04-22-D-0008 has been modified to include a total within scope increase

Through Market research and acquisition history, the services are commercially available.

However, to enter in another contract for the required services through the use of competitive procedures would delay the requires services and increase sanitation issues at WBAMC and for its patients and families.

3. Description of Supplies/Services:

The modifications to the PWS covered by the modification are: The following requested modifications to the contract are to provide the healthcare environmental cleaning services to buildings are not in the current healthcare environmental cleaning contract: upgrade of cleaning Type I clean to the Surgical ward department (OR), Dental (OR), Labor and Delivery (L&D red line areas, Sterilization Processing Department (SPD), and Type II clean for the Emergency Department (ER) that require aseptic cleaning standards in accordance with the Performance Work Standard (PWS).Those types of cleaning, Type I and Type II are advised by the Association for the Healthcare Environment (AHE) Practice Guidance for the Healthcare Environmental Cleaning manual. Also, those types of cleaning are the advisory recommendations of the Association of PeriOperative Registered Nurses (AORN).

The functions to be performed under the resultant modification, as set forth in this requirement, are not inherently Government functions. None of the functions to be performed are exempt from private sector performance, as addressed in DoD Instruction 1100.22 and none of the functions to be performed violate the provisions of FAR subpart 37.104(b) on contracting for personal services.

4. Authority Cited: Main Building Maintenance is the only contractor who meets the Government immediate needs at this time due to time constraints. Moreover, Main Building Maintenance’s employees possess all the qualifications and have been granted the necessary access/ clearance to perform healthcare environmental cleaning services to satisfy the immediate needs for the additional work at various medical clinics and hospital at William Beaumont Army Medical Center, in El Paso, Texas.

5. Reason for Authority Cited: WBAMC is a level III Trauma Center which admits approximately 260 plus trauma patients a year and provides health care to over 170,000 qualified TRICARE beneficiaries. The volume of activity necessary to carry out the inpatient tertiary-level mission in combination, with the rapid rate of patient turnover, will have an extraordinary impact on the management of the healthcare environmental services program. The medical facility consists of 6 distinct MTF buildings and an additional 31 MTFs in the HSA of WBAMC located on Fort Bliss, TX, 2 MTF’s off post in the El Paso, and 2 MTF’s outside of El Paso. Moreover, awarding the additional work under a stand-alone contract would result in adding administrative burden and oversight of having two (2) contractors performing environmental cleaning housekeeping services.

6. Efforts to Obtain Competition: Healthcare environmental cleaning (HEC) is considered a “mission- essential function” and must be performed under all circumstances. The time it would take for a new contract to be awarded is over seven (7) months. Overall, if the contract is to be re-competed, it will cause the unreasonable delay and put patients at risk. This modification will immediately reduce medical sanitation issues and concerns at William Beaumont Army Medical Center. Additionally, Main Building Maintenance, Inc has been performing the services under W81K04-22-D-0008 satisfactorily, which is reflected in the Satisfactory ratings for Quality/ Schedule/ Management and Regulatory Compliance in the in the Contractor Performance Assessment Reporting System (CPARS).

7. Actions to Increase Competition: After modification is approved, this justification will be available at the Government wide point of entry (GPE), www.sam.gov. In the future, market research will be further performed to consider other sources that can meet or exceed the requirement. Additionally, an evaluation of the market will be conducted prior to any renewal related to this requirement. Pricing, availability, and any alternative solutions will be the focus of that research. The contract file will be properly documented with any findings.

8. Market Research: Market research was conducted based on previous acquisition history, W81K00-20-D-0005, W81K04-20-D-0009, W81K00-23-C-0004 and current market conditions.

The previous acquisition history indicate that the same services were procured through two different companies. The additional tasks are estimated which requires the lead time of up to 120 days. Therefore, re-competing and awarding the additional tasks under a stand-alone contract will cause the unnecessary delays and increase the risk of failure of mission-essential services which would endanger patient safety.

9. Interested Sources: A review of small businesses was conducted utilizing healthcare housekeeping services. A review of small businesses was conducted utilizing healthcare environmental cleaning services. The Small Business Administration (SBA) site was queried for the keyword “janitorial” and the area code “915” (for El Paso). The search resulted in twenty-two (22) small business vendors.

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of all awarded contracts for these same requirements.

W81K04-12-D-0010 awarded to Terra Klean Solutions, Inc. (TKS) on 22 August 2012 with a Period of Performance from 22 August 2012 from 21 August 2012- 31 August 2017 healthcare environmental cleaning services to WBAMC and outlying facilities.

W81K04-18-D-0025, awarded to Terra Klean Solutions, Inc. (TKS) on 30 August 2018

With a Period of Performance from 1 September 2018 - 31 August 2020 for healthcare environmental cleaning services to the outlying facilities. This was an interim sole source bridge contract. It was determined that a 12-month base period and one-year option period interim bridge contract be awarded to maximize control and oversight of the current facility while a long-term contract could be exclusively planned for the new medical facility that was scheduled to be operational in 2020.

W81K04-20-D-0009, awarded to Teya Enterprises, LLC 05 May 2020, with Period of

Performance from 5 May 2020 – 31 October 2021 for healthcare environmental cleaning services to the Main Hospital only. This was interim contract to ensure that the new WBAMC MTF, which was scheduled to open on 27 September 2020, had healthcare environmental cleaning services while the competitive award was procured.

W81K00-20-D-0005, awarded to Terra Klean Solutions, Inc. (TKS) on 20 August 2020, with a Period of Performance from 1 September 2020- 31 August 2022 for healthcare environmental cleaning services to the Outlying Facilities. This was a sole source bridge contract required due to the IDIQ contract W81K04-18-D-0025 expiring on 31 August 2020 and the long-term requirement was currently worked by the customer. The incumbent contractor, Terra Klean Solutions, Incorporated was able to provide uninterrupted services immediately following the award of the bridge contract, which resulted in no disruption, delay, or harm to the Government, soldiers, civilians, and beneficiaries.

W81K04-22-D-0008, awarded to Main Building Maintenance Inc. 29 June 2022, with a Period of Performance of 1 September 2022- 30 June 2027 for healthcare environmental cleaning services at WBAMC and its outlying clinics. After the award this IDIQ was protested, and a stop work order was issued November 2022.

The GAO protest was dismissed, a modification to lift the stop work order and modification to adjust the period of performance were issued. The new Period of Performance was 1 February 2023 - 30 November 2027.

W81K00-23-C-0004, awarded to Teya Enterprises 28 October 2022, with a Period of

Performance from 31 October 2022 – 31 July 2023 for healthcare environmental cleaning services to the outlying clinics. This was a bridge 8(a) direct award acquisition in support of the continuation of housekeeping services while the long-term contract(W81K0422D0008) was resolving a post- award protest.

(2) The competitive status of these actions.

W81K04-12-D-0010, small business set-aside competitive acquisition W81K04-18-D-0025, a sole source acquisition (bridge) W81K00-20-D-0005, sole source bridge acquisition W81K04-20-D-0009, 8(a) direct award acquisition W81K04-22-D-0008, small business set-aside competitive acquisition W81K00-23-C-0004, 8(a) direct award acquisition (bridge)

(3) Authority previously cited if less than full and open competition was used.

41 U.S.C. 3304(a)(1) as implemented in FAR 6.302-1 15 U.S.C.637(a) as implemented in FAR 19.8

(4) No justification was prepared to support the procurement made before this one.

(5) There are various corrections to be made to the original contract Performance Work Statement and to the Exhibits to show the corrected and updated floor plans and types of cleaning services required to each building. In order to correct and maintain the hospital and patient safety the modification will need to be issued. Due to the urgency of the required changes to be incorporated into the current contract, this will help avoid any lapse in services to additional buildings and current ones since the original PWS and exhibits were not properly corrected prior to contract award.

b. Other facts – N/A

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The basis for this determination is cost analysis. The certified cost or pricing data is not required, since the exception applies IAW FAR 15.403-1(b)(3) “When a commercial product or commercial service is being acquired”.

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of environmental cleaning housekeeping services in support of William Beaumont Army Medical Center and the Military Treatment Facilities located at Fort Bliss, TX, which also includes Biggs, Army Airfield, TX, McGregor Range, NM and White Sands Missile Range, NM, for the estimated dollar value of pursuant to 41 U.S.C. 3304(a)(1) as implemented in FAR 6.302-1, “Only one responsible source no other supplies or services will satisfy agency requirements”, and provided that the services and property herein described have otherwise been authorized for this acquisition.