JA_Museum_Bridge - FINAL_Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

FOR OFFICIAL USE ONLY

25 May 2018 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

AFLCMC/PZICC

1940 Allbrook Drive, Room 109

WPAFB, OH 45433-5309

II. Nature and/or description of the action being processed.

This action will result in a modification to the Firm Fixed Price Contract FA8601-15-C-0052 not to exceed $100,000 from $3,220,252.48 to $3,320252.48. This effort will be for a two month period of performance.

III. Description of supplies/services required to meet agency needs.

Under the existing contract, Wincor Properties LLC, provides janitorial services for the National Museum of the United States Air Force (NMUSAF) at Wright Patterson AFB. These services include all management, tools, equipment, and labor necessary to ensure the custodial services are performed to present a clean, neat, and professional appearance.

This includes cleaning and maintaining the floors, trash collection and removal, restroom and locker room cleaning services, and snow and ice removal.

Contract FA8601-15-C-0052 expires on 31 January 2021. The last option expired on 31 July 2020, and the Option to Extend Services (FAR 52.217-8) was executed to allow time to finish the source selection and award the contract. The apparently successful offeror was chosen on 21 December 2020, and the unsuccessful offerors were notified of their right to challenge the small business status of the apparently successful offeror on 21 December 2020. On 29 December 2020, a small business size protest was received. In accordance with FAR 19.302, the small business size protest was forwarded to the SBA for a decision, and the award stayed pending resolution of the protest. A dismissal of the protest was received by the SBA on 26 January 2021.

While the government was waiting for the determination by the SBA, a small business protest was filed with the GAO on 25 January 2021. The government responded to the protest, however, under the controlling regulation, if a protest is made to the GAO prior to the award of the contract, the contract cannot be awarded until the protest is decided. This protest was dismissed for improper venue on 26 January 2021.

Given the size of the contract and the amount of effort involved in preparing for the start of the contract, including hiring and equipment purchasing, there is no way the apparently successful offeror will be prepared to begin work on Monday. A break in service for the Museum Custodial would be a critical disruption given the number of visitors to the Museum daily and the current state of pandemic.

The requested dollar amount for this J&A is for two months to allow the follow on to be awarded and the new contractor to get all critical personnel and equipment in place prior to day one of the new contract.

IV. Statutory authority permitting other than full and open competition.

10 U.S.C. 2304(c)(1), Only One Available Source, as implemented by FAR 6.302-2; and 10 U.S.C. 2302b, Implementation of Simplified Procedures, as implemented by AFFARS 5313.501.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The current contractor, Wincor Properties, LLC, already has people hired and equipment on site to perform the custodial services. Given the short notice, there is no other contractor who could be prepared with five days notice.

Last year the government increased the service levels on two existing custodial contracts that were already in place and operating. In those cases, one contractor required a 15 day lead time, and the other contractor required a 30 day lead time in order to meet the increase in the already existing requirement. Given this knowledge, there are no contractors who could come with equipment and personnel to clean 900,000 square feet with four days notice.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 3 of 4

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

The NMUSAF custodial contract has been solicited as small business set aside and offerors submitted proposals in June 2020. However, due to the small business protests, the effort cannot be put on contract quickly enough to meet the break in service date of 31 January 2021. The subject contract will be a stopgap to allow the contract to be award and give the new contractor time to appropriately prepare for the start of the contract. In order to prevent a break in service requiring a bridge contract from occurring in the future, the Government intends to perfect the requirement and issue the solicitation earlier in the final year of the contract, so that it has more time to evaluate and award the requirement without risking a break in service.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contractor for the current NMUSAF custodial contract has agreed to use the rates from the current contract for this extension. The rates on the current contract were found to be fair and reasonable based on adequate price competition, as defined in FAR 13.106-3(a)(2). Additionally, these rates were also compared to an Independent Government Estimate (IGE) used for the follow-on acquisition, as well as to the rates proposed by offerors for the follow-on.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

There is currently an ongoing source selection for the NMUSAF custodial contract. The solicitation was issued, and companies responded with proposals. However, due to the tight timeline and the number of personnel and equipment required for this effort, it is unlikely that any could meet the short timeline to prevent the break in service.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

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

The Government will take this effort's timeline as a frame of reference to ensure requirements are solicited in time to get them properly awarded as competitive actions.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 4 of 4