JA OFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.103 (GSA Class Deviation RFO-2025-06)

Combined Services (Operations & Maintenance and Janitorial Related Services) Howard Baker Jr. U.S. Courthouse, 800 Market St, Knoxville, TN 37902

The Forum Building, 416 Cumberland Ave, Knoxville, TN 37902 John J. Duncan Federal Building and Courthouse, 710 Locust St, Knoxville, TN 37902

James H. Quillen U.S. Courthouse, 220 W Depot St, Greeneville, TN 37743 Joe L. Evins Federal Building, 200 Administration Road, Oak Ridge, TN 37830

1. Contracting Agency and Activity

The General Services Administration (GSA), Public Buildings Service, Acquisition Facility Management Contracting Division East plans to contract by means other than full and open competition.

Brand Name Justification Sole Source Justification (SSJ)

If SSJ, Annotate the following: Vendor Name: Titan-Acepex JV, LLC UEI: M8VYSNGB1K79

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

This non-competitive modification proposes a five-month extension, from 11/01/2026 through 03/31/2027, of the current combined services contract, 47PE0121D0002, utilizing Federal Acquisition Regulation (FAR) 52.217-8 (GSA Class Deviation RFO-2025-17). The extension is necessary to maintain service continuity at the above-referenced GSA facilities during the limited period of time between the expiration of the current contract and the anticipated award of a new competitive contract.

In compliance with Executive Order (E.O.) 14240, “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement,” the Government is in the process of consolidating eight Tennessee contracts, including this one, into one statewide solicitation/contract for integrated facilities management services, which includes facilities engineering, custodial, administrative services, repair and construction management, and operations and maintenance (Solicitation # 47PF5426Q0004). This effort requires aligning multiple completion dates with the start date of the new procurement currently in development, which is scheduled to start services on 4/1/2027.

Note that pricing for this extension was not requested or evaluated at the time of the base contract award. However, pricing for the current option period, which was previously found fair and reasonable by the Contracting Officer at the time of award, is being extended without escalation.

3. Estimated Dollar Value: $1,119,566.10

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.104-1(a)(4) (GSA Class Deviation RFO-2025-06))

The statutory authority authorizing the use of procedures other than full and open competition is 41 U.S.C. § 3304(a)(1), as implemented by FAR 6.103-1 (GSA Class Deviation RFO-2025-06), One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This statutory provision permits the limitation of competition in instances where the supplies or services required by the agency are available from only one responsible source and no other type of supplies and services will satisfy agency requirements.

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- 06))

Titan-Acepex JV, LLC is the incumbent contractor performing operations & maintenance and janitorial services at the above-listed locations and is uniquely positioned and qualified to continue providing these essential services to GSA during the limited five-month extension period. Their current satisfactory performance history is a strong indicator of their capability and reliability. Furthermore, Titan-Acepex JV, LLC possesses specific and intimate knowledge of the facilities and the intricate requirements of the necessary services, which have been crucial to the seamless operation of the facilities to date. Titan- Acepex JV, LLC is also uniquely positioned to provide services without delay, whereas a competitive re-procurement could take up to twelve months to compete and award a new contract. A transition period of up to 60 days would also be required if GSA were to award this contract to a new provider.

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 Part 5 (GSA Class Deviation RFO-2025-05) and, if not, which exception under FAR Part 5 (GSA Class Deviation RFO-2025-05) applies (FAR 6.104-1(a)(6) (GSA Class Deviation RFO-2025-06))

Due to the need to avoid a lapse in essential services to the building tenants at multiple facilities, this situation does not permit the solicitation of additional offers.

Titan-Acepex JV, LLC, the current servicing contractor at the above listed locations, was contacted to determine if they were interested in continuing to provide services. Titan-Acepex JV, LLC expressed interest in providing services for an additional five months.

Titan-Acepex JV, LLC already has cleared personnel that would meet GSA’s security requirements in this short time frame. The Tier 1 National Agency Check and Inquiries (NACI) clearance process for new contracted employees can take up to 60 days to complete.

In accordance with FAR 6.301(b)(1) (GSA Class Deviation RFO-2025-06), this Justification for Other than Full and Open Competition 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 6.104-1(a)(7) (GSA Class Deviation RFO-2025-06))

The price was determined fair and reasonable by the Contracting Officer. Pricing for the current option year, which was previously found fair and reasonable at the time of the option award, is being extended to cover the entirety of the five-month period without escalation.

8. A description of the market research conducted (see FAR Part 10 (GSA Class Deviation RFO-2025- 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-2025-06))

Market research was not conducted due to the time required for a competitive re-procurement (twelve months), a start date in less than 60 days, and the short period of performance required to align with the TN statewide solicitation (11/1/2026 - 3/31/2027). The Government has determined that Titan-Acepex JV, LLC is the only responsible source to provide the required services during the limited five-month period, as no other contractor could begin services and perform satisfactorily with this shortened period for execution. Furthermore, no other contractor possesses all the personnel needed with the security credentials required to start services by 11/1/2026, or with the specific knowledge of the current contract requirements, facilities, tenants, and equipment needed to deliver satisfactory performance over such a short period of time.

9. Any other facts supporting the use of other than full and open competition (FAR 6.104-1(a)(9) (GSA Class Deviation RFO-2025-06))

The driving force behind the need for this extension is compliance with E.O. 14240. This five-month extension is part of a bigger strategy to align the completion dates of multiple existing contracts in preparation for consolidation into one statewide solicitation. Furthermore, the administrative cost and length of time (twelve months) to recompete a new award for the short 5-month period of performance required to align with the new statewide solicitation was determined to not be in the best interest of the Government.

Without this contract extension for operations & maintenance and janitorial services, the mechanical equipment would become inoperable or unsafe for the employees and public who require access to the buildings. The resultant five-month extension will ensure the safety of the mechanical equipment operations and maintain the building assets during the limited period of time required to award the competitive statewide procurement. Additionally, the comfort, safety, and well being of the buildings’ tenants and the public will continue through having the Heating, Ventilation, and Air Conditioning (HVAC) systems, plumbing systems, and fire/life safety systems maintained, as well as by having the spaces cleaned regularly and snow removal completed timely.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.104-1(a)(10) (GSA Class Deviation RFO-2025-06))

No additional sources were contacted.

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-2025-06))

As part of the TN statewide solicitation currently in development, which includes the services and locations covered by this contract, the Government conducted market research and the resulting competitive procurement will be a Total Small Business Set-Aside. The solicitation will be posted to eBuy.gov, which currently has 415 small businesses available under the Special Item Number (SIN) being used for the new procurement, 561210FAC, Complete Facilities Maintenance and Management.

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

None other than those listed above.

13. CERTIFICATIONS (See FAR Part 6.104-2 (GSA Class Deviation RFO-2025-06) for approval thresholds and FAR Part 6.301 (GSA Class Deviation RFO-2025-06) 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: Tammi Ortiz Title: Contracting Officer

Signature Date Name: Phillip A. Moore Title: Branch Chief, Facilities Management

Contracting Division - Zone 4 Branch

Signature Date Name: Stephanie F. Hill Title: Director, Acquisition Facilities Contracting

Division - Zones 1-4

Signature Date Name: Jessica Gunzel Title: Assistant General Counsel

Signature Date Name: Jackie De Simone Title: PBS Competition Advocate