JOTFOC_CFM-final-signed.pdf

Other Than Full and Open Competition (OFOC) SOP Request for Sole Source Justification Format >$150K

OFOC SOP Revision 03 Revision 03 Date: 10/27/2014

UNITED STATES GENERAL SERVICES ADMINISTRATION

REGION I

Public Building Service, Acquisition Division (1PQB) Justification and Approval (J&A)

For Other Than Full and Open Competition

1. Contracting Activity:

GSA Region 1, Public Building Service (PBS), Acquisition Management Division – 1PQB

2. Nature and/or Description of the Action Being Processed:

This procurement is for the Commercial Facility Management services in accordance with FAR 13.106‐ 1(b) and FAR 13.5 Test Program for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303‐2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The contractor is to provide all management, supervision, labor, subcontractors, material, supplies and equipment (except otherwise provided) and shall plan, schedule, coordinate, and assure effective completion of all services necessary to perform full O&M, janitorial, and Facility Management services from February 1, 2018 through July 31, 2018 for the John J. Moakley Federal Courthouse in Boston, MA. The contractor shall be fully responsible for providing all janitorial, customer service mechanical operations and maintenance, incidental repairs, minor repairs, quality control and all other facility management services. These services include management of public realm activities as well as boat dock management.

Period of Performance: February 1, 2018 through July 31, 2018 with an option for an additional 6 months at the current contract prices. CLINS and pricing of the six (6) month contract are shown below:

Line Items QTY UNIT UNIT PRICE 0001 Facility Management Services 6 MO $23,255.70 $139,534.20 0002 Mechanical Maintenance 6 MO $135,214.94 $811,289.64 0003 Janitorial Building Cleaning 6 MO $17,617.72 $105,706.32 0004 Janitorial Landscaping 6 MO $3,085.70 $18,514.20 0005 Elevator Maintenance 6 MO $28,127.61 $168,765.66

0006 Fire Alarm System Maintenance 6 MO $3,823.69 $22,942.14

0007 Administrative Cost 6 MO $27,227.80 $163,366.80

Totals $1,430,118.96 0008 Off Hour Services 0 HR $87.30 $0.00

Emergency Call Back 0 HR $87.30 $0.00

0010 Minor Repairs 0 HR $58.20 $0.00

0011 Admin Fee Minor Alterations 0 HR $46.23 $0.00

0012 Additional Janitorial Services Normal Hours 0 HR $38.69 $0.00

0013 Additional Janitorial Services After Hours 0 HR $58.00 $0.00

0014 Minor Alterations Normal Hours 0 HR $69.98 $0.00

0015 Minor Alterations After Hours 0 HR $109.82 $0.00

0016 Percent UPA Normal Rate 109.5 P1 $0.00 $0.00

0017 Premium After Hours UPA 0 HR $39.54 $0.00

0018 Elevator Repairs Normal Hours 0 HR $313.52 $0.00

0019 Elevator Repairs After Hours 0 HR $494.39 $0.00

0020 Elevator Additional Services Normal Hours 0 HR $313. 52 $0.00

0021 Elevator Additional Services After Hours 0 HR $494.39 $0.00

0022 Machine Strip 0 SF $0.40 $0.00

0023 Spray Buff 0 SF $0.08 $0.00

0024 Shampoo Carpet 0 SF $0.18 $0.00

0025 Wipe Down and Treat Wood 0 SF $0.20 $0.00

4. Statutory Authority Permitting Other than Full and Open Competition:

This procurement will be conducted in accordance with FAR 13.501- Commercial Item Test Program. FAR 13.501(a)(1) requires a written justification supporting the use of FAR 6.302‐1, these services are deemed to be available only from the original source in the case of follow‐ on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in—

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) Unacceptable delays in fulfilling the agency’s requirements.

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority):

In accordance with the procedures of FAR 13.106‐1(b), and further utilizing the simplified acquisition procedures of FAR Part 13.5, it is determined that the circumstances of the contract action deem only one source reasonably available.

EMCOR Government Services, Inc. currently provides the O&M, janitorial, and other services under contract, GS-01P-07-BW-D-0063. This contract was awarded in August 2008 as a nine (9) year contract with a one (1) year base, and eight (8) one year options ending July 31, 2017.

For planning purposes associated with rewriting the SOW, GSA elected to exercise the contract’s six (6) month extension. The completion date under this contract is currently January 31, 2018 with no contract options remaining.

As the incumbent, EMCOR Inc. possesses specialized knowledge in the services at the John J.

Moakley Federal Courthouse located in Boston, MA. EMCOR Inc. will be able to provide the required services without interruption as GSA continues efforts to competitively solicit a new CFM service contract at the Moakley Federal Courthouse.

A break or delay in service would result in the facility not being covered against required maintenance, damage, or failure of systems. This would be detrimental to the government in the form of lost productivity, closure of public services, increased cost for emergency services, and possible personal injury to building employees and civilians. Use of a contractor other than the incumbent could result in risk of significantly poor contract performance due to the absence of a learning curve period. This risk would be to the government and its employees as well as the contractor in terms of injury to personnel and equipment as well as increased cost risks.

Use of the incumbent contractor is both prudent and cost effective. A bridge contract provides the GSA with time to get the most equitable pricing for the government under a new contract during a time of cost reductions. Failure to allow enough time could lead to higher prices paid by the government. Furthermore, a bridge contract does not require a transition and retraining period as it would with a new contractor. The incumbent has all necessary clearances which provides additional cost savings and eliminates any delay in service. At this moment, due to delays with OPM, it is estimated that a clearance for personnel on new contracts can take up to (8) eight months. As previously mentioned, any delay in services would be detrimental to the agencies in the building.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

In June 2017 OM Spec 061317, “Partnering in GSA Operations & Maintenance of Buildings”, was issued by GSA Facilities Management. This specification instituted mandatory use of Key Performance Indicators in O&M Statements of Work. This fundamental change to requirements necessitated a major revision of the Statement of Work for this CFM solicitation. The time required to digest and implement the change and solicit and award the follow on contract would have exceeded the time available and resulted in a lapse of critical services. In order to mitigate this lapse in service it was decided to issue a short term bridge contract to the incumbent contractor to provide for continuation of services while the SOW could be revised so that the requirement could be competitively solicited and awarded.

GSA is in the process of rewriting the SOW to incorporate Key Performance Indicators to comply with directives and also in an effort to cut costs to the government and offer greater opportunity for participation by small business. While the SOW revision was completed expeditiously, it has been determined that the new requirement could not be solicited and awarded, and that the successful awardee could not be granted security clearances, and transitioned into the position in ample time to avoid a delay in services.

Based on these circumstances, a six (6) month bridge contract is being awarded while the competitive solicitation is being finalized to reach as many potential sources as reasonably practicable.

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

The Contracting Officer will take the following steps to ensure that the anticipated cost to the

Government will be considered fair and reasonable:

(1) A detailed price analysis will be performed comparing EMCOR’s proposal with an independent government estimate.

(2) Comparison will be made with prices paid in the previous contract and the current temporary contract.

(3) Negotiations will be conducted as necessary to ensure the final total price is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research for the upcoming competitive solicitation for O&M and janitorial services was used for this six (6) month bridge contract.

The market research is based on the determination that GSA could achieve increased cost savings and opportunity for small business participation by issuing an updated contract including the use of key performance indicators instead of a quality assurance surveillance plan (QASP). Market research included the posting of a Sources Sought Notice from September 23, 2016 to October 24, 2016 and conducting market research using the SBA Dynamic Search Tool.

Market research did identify possible contractors capable of performing the duties; however, none of those identified could be cleared and transitioned into the contract in time to avoid delays to current services ending on January 31, 2018. Based on the results of the market research it was determined that it is not practicable to compete this short –term contract for temporary services. The incumbent has been performing the work for the past nine years and has an intimate working knowledge of this complex facility and day-to-day requirements. Other contractors could not mobilize quickly enough and do not have the experience in this building needed to provide temporary services on such short notice and at a fair and reasonable price.

9. Any other Facts Supporting the Use of Other than Full and Open Competition:

N/A

10. Listing of Sources that Expressed in Writing an Interest in the Acquisition:

(A) Sources Sought Responses for the upcoming CFM procurement:

• Action Facilities Management

• Alutiiq, LLC

• CMC & Maintenance, Inc.

• EMCOR

• ENGIE Services

• Tigua Enterprises, Inc.

• Trademasters

• WTS, Inc.

11. Statement of the actions, if any, the Agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required:

This short term incumbent contractor extension of services is necessary to allow SOW revision to facilitate a competitive acquisition which is anticipated to be awarded by June 1, 2018. It is anticipated that the solicitation will be posted to FBO.gov to reach the maximum number of capable vendors.

Therefore, the temporary bridge contract is put in place to allow for the competitive process to happen. Efforts to procure the new consolidated contract will occur during the period of performance of this short term bridge contract

12. CONTRACTING OFFICER’S CERTIFICATION:

The contracting officer’s signature on the Coordination and Approval Document evidences that he has determined this document both accurate and complete to the best of his knowledge and belief.

John Sarnoski

Contracting Officer

13. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION:

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

Michael Franzese

Technical Representative

For actions above $650K one level above the Contracting Officer must sign and approve the justification.

Name Branch Chief One Level Above CO

01/29/2018

John C Sarnoski michael Franzese 1/31/2018