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Justification for Other Than Full and Open Competition

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JUSTIFICATION FOR OT HER THAN FULL AND OP EN COMPETITION

1. Contracting Activity

USDA/ARS/EBSC

1815 N. University Street Peoria, IL 61604 Mark O. Volk, Contract Specialist Joshua J. Dobereiner, Contracting Officer

2. Nature/Description of Action

This action will result in a firm fixed price contract with Ameritac, Inc. for operations and maintenance services. This modification is meant to bridge the period between the expiration of the existing contract (31 August 2016) and the resolution of the post-award protest. Since there is the possibility that he transition period of the successor contract cannot be adjusted to the bridge contract expiration date, the bridge contract has eight, one month option periods.

3. Description of Supplies/Services The contractor shall provide facilities operation and maintenance support services to the National Center for Agricultural Utilization Research (NCAUR) in Peoria, IL.

Services to be performed include, but are not limited to, work management, preventive maintenance, building maintenance, shop services, alteration and repair, HVAC services, refrigeration, electrical, housekeeping, and administrative services.

The estimated value of this procurement is $ .

4. Statutory Authority In accordance with FAR 6.302-1 and 41 U.S.C. 3304(a)(1), there is only one responsible source and no other supplies will satisfy the agency’s requirements.

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that Requires use of the Authority Cited Ameritac, Inc. has satisfactorily performed the necessary services since 20 April 2010 and has the familiarity with NCAUR and its daily operation to maintain the necessary continuity of these critical services. The current contract expires 31 August 2016.

Due to the short procurement lead time, no other source has the knowledge and skills needed to immediately begin performance of the required service while meeting the standards and quality required at NCAUR. If awarded to any other firm, NCAUR would experience unacceptable delays and degradation of services; therefore, it is necessary to award a sole source contract to the incumbent contractor, Ameritac, Inc.

Ameritac is the only contractor that could provide the necessary continuity of services without interruption. It is imperative that continuity of services be maintained without disruption to the research mission. No other offeror could immediately perform all of the facilities operations and maintenance services for the NCAUR within the required timeframe and maintain quality support without disruption or degradation of services, loss of research, or incurring substantial cost. Any other firm would not have the relationship as the incumbent with the research groups and the local business community, which could impair their ability to adequately support the research mission for such a short period of time. Ameritac’s experience and knowledge will permit them to continue to support the NCAUR effectively and efficiently, at the least cost to the Government. Any other contractor would incur extensive expenses, including mobilization costs, pose a risk to site performance, and result in duplication of work/costs to the Government.

6. FedBizOpps Announcement/Potential Sources

It is the intent of the Contracting Officer to post a notice of award of the contract to Ameritac, Inc. on a sole source basis.

7. Determination of Fair and Reasonable Cost The proposal will be compared to the current contract and Service Contract Act wage determinations to determine fair and reasonable pricing.

8. Market Survey

N/A (See Item 9 for explanation)

9. Additional Support

The current contract for O&M services at NCAUR expires on 31 August 2016.

Solicitation AG-32SC-S-14-0010 for the follow on contract was issued 26 February 2015, with proposals originally due 1 April 2015. Because of changes made to the solicitation, between 26 February 2015 and 21 May 2015, the proposal due date was changed several times, with the final proposal due date of 4 June 2015. Due to turnover of personnel, evaluations and discussions took longer than anticipated. The follow on contract was awarded on 10 August 2016. A post-award protest was filed on 22 August 2016, which resulted in mandatory suspension of performance of the new contract per FAR 33.104(c)(1). Continuity of the O&M services to the NCAUR is critical to the day to day operations of the facility as these services support key functions such as utility and facility repairs, janitorial and grounds maintenance, boiler room operations, receiving, mail room, etc.

10. Other Interested Sources N/A

11. Actions Taken to Remove Barriers to Competition

N/A

12. Certifications Requirements/Program Office:

I certify the facts and representations under my cognizance included in this justification form are complete and accurate basis for the justification.

Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Joshua J. Dobereiner Date Contracting Officer

(309) 681-6410

Cindy J. Cose Date Acting Branch Chief

(979) 260-9447

Approving Official Date

Digitally signed by JOSHUA DOBEREINER DN: c=US, o=U.S. Government, ou=Department of Agriculture, cn=JOSHUA DOBEREINER, 0.9.2342.19200300.100.1.1=12001002945237 Date: 2016.08.31 14:08:43 -05'00'

Digitally signed by LUCINDA COSE DN: c=US, o=U.S. Government, ou=Department of Agriculture, cn=LUCINDA COSE, 0.9.2342.19200300.100.1.1=12001000058583 Date: 2016.08.31 15:55:25 -05'00'

Digitally signed by BRANDON LEVIN DN: c=US, o=U.S. Government, ou=Department of Agriculture, cn=BRANDON LEVIN, 0.9.2342.19200300.100.1.1=12001000009146 Date: 2016.08.31 16:52:33 -04'00'

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