JOFOC - Chicago Garage Parking - Fully Signed.pdf

U.S. Department of Transportation Office of the Secretary

Office of the Senior Procurement Executive Acquisition Services Division

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Office of the Secretary (OST) U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590

2. DESCRIPTION OF ACTION BEING APPROVED

Justification and approval to use other than full and open competition procedures to award a sole-source contract to Interpark LLC. This will provide United States Department of Transportation (DOT), Office of Inspector General (OIG), Midwestern Region - Chicago Field Office criminal investigators with unimpeded access to their assigned, emergency equipped Government Owned Vehicles (GOVs), while providing the necessary security and proximity to the office that is required.

3. DESCRIPTION OF SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The DOT Office of Inspector General (OIG), requires criminal investigators to carry out required duties in support of federal criminal investigations. These duties require criminal investigators to transport evidence, firearms, emergency equipment, and issued law enforcement gear. Investigations often require investigators have immediate access to their GOVs, in response to investigative activities. The Contractor parking facility is the only location that meets all requirements.

The total estimated contract value is $245,358.00.

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

The statutory authority for the proposed contract with Interpark LLC, 41 U.S.C. 253 (c)(1), as implemented by FAR 6.302-1(a), which states that an executive agency may use procedures other than competitive procedures only --- (2) “When the supplies or services required by the agency are available from only one responsible source…and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.”

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

The work covered under this sole source contract will provide required GOV parking for our criminal investigators assigned to the Chicago Field Office. No other parking facilities meet these requirements.

Interpark, LLC meets the following requirements:

• Adjacent or within a block radius of Chicago Field office

• Unlimited in and out privileges 24/7/365

• Secure entrance/exit controlled via electronic key/card

• Guaranteed parking availability when garage is full

• Minimum 6’2” clearance

• Full-time parking attendant onsite

• No requirement to relinquish GOV’s keys

• No double or stacked parking that block GOVs is allowed

• Self-parking only, no one other than the Government shall drive GOVs

6. EFFORTS MADE TO OBTAIN COMPETITION, AND WHETHER A NOTICE WAS

OR WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT,

WHICH EXCEPTION UNDER FAR 5.202 APPLIES

A notice will be posted on Federal Business Opportunities notifying of the transition to the new contract. The notice will invite capable offerors to submit a response. However, the Government reserves the right to continue with the award to the selected vendor.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

The Contracting Officer reviewed the proposed rates. Moreover, each invoice submitted by the Contractor during performance of this contract will be scrutinized for allowability, allocability and reasonableness of billed cost in accordance with FAR Part 31. These procedures will ensure that the anticipated cost to the Government is fair and reasonable.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS

OR A STATEMENT OF THE REASON THAT MARKET RESEARCH WAS NOT

CONDUCTED:

Over the summer of 2021, RFQ 693JK421Q700005 was issued for the requirement. An evaluation was conducted of the three quotes submitted in response to the RFQ. The incumbent, Interpark LLC, did not a submit a quote in response to RFQ 693JK421Q700005.

During this review process, the panel evaluated the three quotes independently of each other.

It was the consensus of the panel that none of the quotes adequately met the requirements as set forth in RFQ 693JK421Q700005. Although all three quotes were sufficient in Factor 1 (proximity) and Factor 3 (past performance), none were sufficient for Factor 2 (characteristics). Given that major deficiencies were identified in all three quotes, no offeror was recommended by the panel.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION:

None at this time.

10. A LIST OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

Following the cancellation of RFP 693JK421Q700005, additional market research was conducted by the program office. Rough Orders of Magnitude (ROMs) were provided by three vendors and of those, Interpark LLC. offered the lowest overall costs. The other responding vendors did not propose contracts, instead offered monthly pricing, with no guarantees after one year, as necessary for this requirement. In addition, those vendors offering monthly pricing were proposing to rent out the spaces in the incumbent Interpark LLC’s garage and then pass along those spaces to the Government at an increased cost with no added value.

11. A STATEMENT OF THE ACTIONS IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THESE SERVICES:

The Contracting Officer will take all steps necessary to ensure that all the rules of procurement integrity are followed in addition to ensuring compliance with the Competition in Contract Act. The action will be properly synopsized and competed as required. If the work is assumed under the new IT contract discussed in Section 8, the Contracting Officer will give Fair Opportunity in accordance with FAR 16.505(b).

12. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS

ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING

OFFICER’S KNOWLEDGE AND BELIEF:

As confirmed by the signature below, the Contracting Officer hereby certifies that the facts and representations included in this justification are accurate and complete to the best of her knowledge and belief.

REVIEWED BY:

Robin D. Gates Date Contracting Officer

APPROVAL:

Based on the foregoing justification, the use of Other than Full and Open Competition procedures is hereby approved for the proposed contract to the Interpark LLC., pursuant to the authority of FAR 6.302-1 (a) (2)(ii).

Gregory Cate Date Chief of the Contracting Office (COCO)