JA _Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.5 (April 2024)

Preventive Maintenance of buildings� mechanical, electrical, plumbing, architectural, roofing, and other building systems, repairs to building systems, and general operations including delivery handling, room rearrangement, etc. Services will also include technical assistance with the preparation of future Preventive Maintenance requirements at Summit Point Training Facility.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

This justification supports the use of Other Than Full and Open Competition under the authority of 41 U.S.C. § 3304(a)(1), as implemented by FAR 6.302-1, where only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor�s unique qualifications or the nature of the acquisition requires use of the authority cited.

Summit Point Raceway owns and operates the facility and has a no-cost lease with CBP for the agency to facilitate its mission critical training purposes, but this lease does not include maintaining, repairing, or sustaining the portion of the property used by CBP. Therefore, CBP needs this MRO contract to perform those services that facilitate CBP to use the property for its mission critical training purposes. The no-cost lease for CBP indicates Summit Point will not allow contractors to come onto the property to perform repairs for CBP and Summit Point Raceway is the only entity that can perform these required services.

Furthermore, Summit Point Raceway has the capability and are best situated to provide MRO services on site. They are familiar with the facilities and are the most cost-effective due to the fact they are already on-site and fully staffed with personnel to perform the work needed under this MRO contract.

As owners of the property, Summit Point Raceway is the only responsible source capable of meeting CBP�s needs because they have access to the property and the authority to make repairs to those facilities; they have familiarity with the facilities and property; they have experience in performing such services under previous government contracts; they have the resources and staff on-site already to conduct the services. They also have a vested interest in the facilities and property due to their ownership.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

Market Research determined that Summit Point Raceway was the only facility able to meet CBPs training requirements and was located within the proximity (SOW requirement) of the CBP Advanced Training Center and National Capital Region. Summit Point Raceway is the owner of this property and is the only entity authorized to operate and maintain the facilities.

Justification & Approval for Other Than Full and Open Competition Template v3.5 (April 2024)

The cost of paying for a full lease to include maintenance, repair and operational costs would be significantly more than paying the current pricing for having Summit Point perform the necessary work on their own property while providing access to CBP under the no-cost lease.

Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The costs of this sole source award compares favorably to the costs/rates under the current and previous MRO contracts throughout MSF which have been determined fair and reasonable based on competition and DOL Wage Rate Determinations for all services provided. When minor or major repairs are needed, CBP will perform price analysis to include comparisons to Independent Government Cost Estimates (IGCE) on a case-by-case basis in accordance with FAR 15.404-1 and make a price reasonableness determination prior to issuing award or making any authorized expenditures for those repairs.

Description of Market Research.

Market Research was conducted and only Summit Point Raceway was found to be located within the required geographical area of the National Capital Region and ATC Harpers Ferry, which is needed to best suit these mission critical training exercises of CBP Officers.

Any Other Facts Supporting the Use of Other Than Full and Open Competition.

CBP has a no-cost lease agreement with Summit Point Raceway. The facility�s buildings are owned by Summit Point Raceway, who are the only entity allowed to service their own buildings. By issuing payment for repairs directly to the no-cost leasing agent who owns the property, the Government saves considerable costs compared to construction of its own facility or leasing of another property that would include these MRO services.

A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No other sources expressed an interest in this acquisition.

A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

Issuing an award on a sole source basis due to the nature of the operation and maintenance requirements for Summit Point will allow sufficient time for CBP to consider other leasing and MRO alternatives. CBP has and will continue to survey the marketplace for other potential contractors who can provide these services.