JA OFOC.pdf

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

FAR 6.103 (GSA Class Deviation RFO-2025-6)

Snow Removal Services Land Port of Entry

900 International Bridge Plaza Sault Sainte Marie, MI 49783

1. Contracting Agency and Activity (FAR 6.104-1(a)(1) (GSA Class Deviation RFO-2025-6)). The General Service Administration, Public Building Services, Acquisition Facilities Management Contracting Division EAST, Contracting Branch C (PQEC) 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: Michigan Department of Transportation dba International Bridge Administration

UEI: NC7JMNRYJZC5

2. Nature of Action Being Approved & Description of Supplies or Services (FAR 6.104-1(a)(2) (GSA Class Deviation RFO-2025-6)) Approval is requested to enter into a sole source contract to obtain Snow Removal Services at the Land Port of Entry, 900 International Bridge Plaza, Sault Sainte Marie, Michigan. The proposed action will be accomplished pursuant to FAR 6.103-1 (GSA Class Deviation RFO-2025-6) because only one source and no other supplies or services will satisfy agency requirements.

3. Estimated Dollar Value: The government estimate is $887,904.92 (10 years inclusive of 6-month option to extend).

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.104-1(a)(4) (GSA Class Deviation RFO-2025-6)) Authority for this action is provided at 41 U.S.C. 3304(a)(1), which states, “the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.” This procurement will be accomplished pursuant to FAR 6.103-1(b) (GSA Class Deviation RFO-2025-6), only one responsible source, due to the unique nature of the requirement.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.104-1(a)(5) (GSA Class Deviation

RFO-2025-6))

The International Bridge Authority (IBA) is the sole owner and sole maintenance provider of the International Bridge that crosses the St. Mary’s River between Canada and the United States. The International Bridge Plaza, GSA Property, is located adjacent to the IBA property; essentially, the properties are co-located.

The mission of the IBA is to keep the Bridge open and maintain a safe and secure environment. The mission of GSA and the Custom & Border Protection (CBP) is to provide a safe, high security area for travelers and maintain a safe area for staff to work. In addition, the GSA site is a Land Port of Entry that houses the CBP offices of the Department of Homeland Security (DHS).

The area that is being serviced is the traffic lanes of the Land Port of Entry. It is imperative to keep the lanes open and not inhibit the flow of traffic; thereby allowing CBP to do their jobs as quickly and efficiently as possible. A requirement of this contract is a response time of no longer than 15 minutes after notification.

revised 08/26/2024

The IBA has the equipment on site to keep snow cleared from the lanes 24 hours a day, 7 days a week.

IBA is staffed to respond to any snow plowing needs any time of the day or night. IBA therefore has the ability to keep the traffic lanes at the Land Port of Entry clear of snow, and open for traffic, at all times.

IBA also has the ability to pass through the toll lanes free of charge, which would cost an open market contractor $88.00 in tolls to clear all 5 lanes of the bridge just one time per crossing.

The IBA also has the ability to plow through GSA property, to the end of their own property, at which point they turn around and plow in the opposite direction. There is no area to turn around and change directions anywhere on the GSA property; therefore, an open market contractor would have to clear the GSA property, drive all the way to the end of the IBA property and turn around at that point, which would take a substantial amount of unnecessary time that GSA would need to compensate the contractor for.

This would create a problem for hauling plowed snow, which is a requirement of the contract. The IBA hauls snow from the Government property along with the snow cleared from IBA property. As there is no accessible area to deposit hauled snow on the Government property, an open market contractor would have a difficult time accomplishing this and it would therefore be more expensive for the Government.

Utilization of the IBA would eliminate the aforementioned undue cost.

The unique nature of the GSA owned traffic lanes at the Sault Sainte Marie Land Port of Entry require a sole source contract for snow removal in order to eliminate the unjustifiable costs that would be incurred as the result of a competed contract on the open market. The IBA is the only responsible source to satisfy the unique requirements of the contract at a fair and reasonable price to the Government.

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 RFO 5 and, if not, which exception under FAR 5.101(b) (GSA Class Deviation RFO-2025-5) applies (FAR 6.104-1(a)(6) (GSA Class Deviation RFO-2025-6))

A competitively awarded contract is not feasible due to the unique nature of the toll road format, response time requirements, necessary equipment, and security requirements for the area the services will be used in. A presolicitation notice will be posted to the GPE in accordance with RFO Part 5.101(c).

7. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable (FAR 6.104-1(a)(7) (GSA Class Deviation RFO-2025-6))

GSA has prepared an Independent Government Cost Estimate to assist in the establishment of a fair and reasonable price. Award will be made by determining, on the basis of the Government Cost Estimate, that the price is fair and reasonable. Additionally, IBA will be required to submit other than cost and pricing data. This may also aid in making the determination that their price is 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 6.104-1(a)(8) (GSA Class Deviation

RFO-2025-6))

A Small Business Search was completed using NAICS 561790 in Michigan with SBA Certifications Socio-Economic categories and the key word “Snow”. The search results are as follows:

• 8(a) - 0

• Woman Owned – 0

• Service Disabled Veteran – 0

• Small Disadvantage Business – 0

• Veteran – 0 The search concluded that there are no readily available commercial snow removal services within the immediate geographical area of the Government’s need.

revised 08/26/2024 2

9. Any other facts supporting the use of other than full and open competition (FAR 6.104-1(a)(9)(i) (GSA Class Deviation RFO-2025-6))

Due to the unique nature of the requirement, no technical packages and specifications for full and open competition have been created. The on-site security regulations and the 15 minute response time required by GSA, as well as the urgent time restrictions for this acquisition, would create additional costs that the Government would not recover through competition, but more importantly the service must be provided in an efficient manner that will allow the CBP to continue operations of the U.S. border.

10.A listing of any sources that expressed a written interest in the acquisition (FAR 6.104-1(a)(10) (GSA Class Deviation RFO-2025-6))

Not Applicable for this procurement.

11.A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.104-1(a)(11) (GSA Class Deviation

RFO-2025-6))

Due to the fact that the barrier for competition is the tight time restrictions and security regulations of the CBP at the U.S. border, any actions to overcome such barriers are not applicable to this acquisition.

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

Not Applicable.

13.CERTIFICATIONS (See FAR Part 6.104-2 (GSA Class Deviation RFO-2025-6) for approval thresholds and FAR Part 6.301 (GSA Class Deviation RFO-2025-6)) for availability of the justification)

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: Dorell Dubiak

Title: Contracting Officer revised 08/26/2024 3

04/14/2026