Justification and Approval BRIDGE Services Lawton and Oklahoma City OK 2024 09 16.pdf

GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDINGS SERVICE REGION 7

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 8.405-6, Limited Sources

(i) Identification of the agency and the contracting activity:

U.S. General Services Administration, Public Buildings Service, Region 7, Acquisition Management Division, Services Branch (7PQB) executing this Limited-Sources Justification for the emergency procurement of Full Maintenance Services in Oklahoma City and Lawton, OK.

(ii) Nature and/or description of the action being approved:

Emergency bridge Blanket Purchase Agreement (BPA) written against the 561210FAC Multiple Award Schedule for Full Maintenance (FM) services, which includes Operations & Maintenance, Custodial, Grounds, and related services at the following locations:

Full Maintenance Services:

Lawton Federal Building/Courthouse, 410 NW Fifth Street, Lawton, OK

Operation & Maintenance:

William J Holloway, Jr U.S. Federal Building/Courthouse, 200 NW Fourth Street, Oklahoma City, OK

OKC Post Office & U.S. Federal Courthouse, 215 Dean A McGee Ave, Oklahoma City, OK OKC Federal Parking Garage, 200 NW Fifth Street, Oklahoma City, OK OKC Federal Campus Building, 301 NW Sixth Street, Oklahoma City, OK

Ground Maintenance and Exterior Trash Removal:

GSA PMD Center Administration/Warehouse Building, 2800 Eastern Ave, Oklahoma City, OK

This approval is for the award of an emergency bridge BPA with a twelve (12) month base period, to include a possible six (6) months extension of services in accordance with FAR 52.217-8, Extending the service contract, if required.

(iii) A description of the supplies or services required to meet the agency’s needs (including the estimated value):

The contractor shall provide management, supervision, labor, materials, equipment, and supplies and is responsible for the efficient, effective, economical, and satisfactory operation, scheduled and unscheduled maintenance, and repair of equipment and systems, custodial services, and grounds maintenance services located in Oklahoma City and Lawton, OK. The estimated value of this action is $1,882,053.08 for the twelve (12) month period of performance, if the 6-month extension of services is required, the total value of the BPA would be $2,823,079.62.

Period of Performance: Anticipated Estimated start date 23 September 2024 through 31 August 2025

(iv) The authority and supporting rationale see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service:

This limited-source BPA will be executed under the authority of FAR 8.405-6(a)(1)(i)(A), “an urgent and compelling need exists, and following the procedures would result in unacceptable delays.” The potential schedule contractor Kleane Kare Team (KKT) is technically qualified to perform the full maintenance service in Lawton, OK and Operation & Maintenance and related services for the five federal facilities located in Oklahoma City, OK. The contractor has previously provided, and demonstrated the execution, of a technically acceptable management and quality control approach, maintaining these services for the federal courthouse in Tulsa, OK and the federal courthouse in Muskogee, OK for the past 4 years without any incidents and/or interruption of services.

(v) A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d):

Supplies offered on the schedule are listed as fixed price. Services offered on the schedule are priced either hourly rates, or at fixed price for performance of a specific task such as operation and maintenance and repairs. GSA has already determined the prices of supplies and fixed-price services and rates for services offered at hourly rates, under the schedule contract to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order against the BPA contractor.

(vi) A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted:

Efforts were made to ensure that offers were solicited from as many sources as possible by reviewing active GSA IDIQ/BPA contracts that met the requirement. The research included consideration of an offeror's ability to perform the requirement without the additional scope being burdensome on their organization, negatively impacting their performance on other contracts. In an effort to mitigate potential damages and to minimize the unavoidable gap in service caused by the short-notice given by the incumbent to cease operations, GSA has determined that a full and open solicitation is not feasible. The urgency of the requirement compelled market research to be limited to reviewing existing contracts and contacting offerors and inquiring of their interest in submitting quotes under the Multiple Award Schedule 561210FAC. KKT stated they were interested. The government will provide KKT with required data and documents for the technical requirements, as a standard in the re-procurement process, a Request for Quote (RFQ) will be issued, and their quotes will be evaluated and pricing will be determined fair and reasonable before an award is made.

(vii) Any other facts supporting the justification:

The government is heavily dependent on the contractor personnel to operate and maintain government facilities. Failure to have qualified individuals available to operate facilities creates great risk of failure of government equipment.

The current contractor (CFM) has filed bankruptcy with expression of no longer being financially available to continue to provide services and oversee the day-to-day services for the federal facilities in Little Rock, AR. The absence of services that are currently being provided under this contract would likely compromise the health and safety of employees as well as the general public.

(viii) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

There was not sufficient time to make this acquisition available for competition. This action requires providing 18 months for GSA to adequately develop, solicit, and award a new competitive contract. Once this bridge BPA is in place, GSA will begin the procurement process to award a competitive replacement contract. Future procurements will be closely monitored to ensure early planning and execution of replacement contacts are in place prior to the expiration of the existing contract.

(ix) The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief:

I, Tina Carter, the Northern Team Services Branch assigned Contracting Officer, certify that the information contained within is accurate and true to the best of my knowledge.

(x) Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel:

The Office of Facilities Management is responsible for technical requirements for a Full Maintenance; Custodial and Grounds Maintenance; and Operations and Maintenance contract. Their Subject Matter Experts (SME) have provided the data and documents for Section J of the specifications.

(xi) For justifications under 8.405-6(a)(1), a written determination by the approving official identifying the circumstance that applies:

Unusual and Compelling Urgency due the contractor CFM’s owner filing for Chapter 13 bankruptcy and expressed an unwillingness to continue providing services beyond September 13, 2024 in Region 7.

Requestor certification that the above information is accurate and complete to the best of my knowledge.

Reviewed by:

Date

Date

Date

Date

Date

Tina Carter Contracting Officer, 7PQB

Thomas Holguin Branch Chief, Services Branch Chief, 7PQB

Assistant Regional Counsel (LD7)

Carolyn Smith Acquisition Management Division (7PQ)

Approved by:

Charlie Hart Competition Advocate (R7)

General Services Administration Public Buildings Service

Limited-Sources Justification FAR 8.405-6, Limited Sources

I. Identification of the agency and the contracting activity, and specific identification of the document as a "Limited-Sources Justification U.S. General Services Administration, Public Buildings Service, Region 7, Acquisition Management Division, Services Branch (7PQB) executing this Limited-Sources Justification for the emergency procurement of Full Maintenance Services in Corpus Christi and Victoria, TX.

II. Nature and/or description of the action being approved.

Emergency bridge Blanket Purchase Agreement (BPA) written against the 561210FAC Multiple Award Schedule for Full Maintenance (FM) services, which includes Operations & Maintenance, Custodial, Grounds, and related services at the following locations:

● Corpus Christi Federal Building / Courthouse 1133 N. Shoreline Blvd, Corpus Christi, TX.(TX0313ZZ)

●Martin Luther King Jr. Federal Building 312 S. Main, Victoria, TX. (TX0185ZZ)

This approval is for the award of an emergency bridge BPA with a twelve (12) month base period, to include a possible six (6) months extension of services in accordance with FAR 52.217-8, Extending the service contract, if required.

III. A description of the supplies or services required to meet the agency's needs (including the estimated value).

The contractor shall provide management, supervision, labor, materials, equipment, and supplies and is responsible for the efficient, effective, economical, and satisfactory operation, scheduled and unscheduled maintenance, and repair of equipment and systems, custodial services, and grounds maintenance services located in Corpus Christi and Victoria, TX. The estimated value of this action is $1,407,285.96 for the twelve (12) month period of performance, if the 6-month extension of services is required, the total value of the BPA would be $2,110,928.94.

IV. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service This limited-source BPA will be executed under the authority of FAR 8.405-6(a)(1)(i)(A), “an urgent and compelling need exists, and following the procedures would result in unacceptable delays.” There are five potential schedule offerors currently operating in the GSA Region 7 area of Corpus Christi and Victoria, TX. They have previously submitted proposals with technical and management approaches that were determined acceptable and have been successfully performing O&M services in GSA federal facilities. These offerors demonstrated and maintained Full Maintenance Service which includes Mechanical, Custodial, and Grounds for Region 7. The potential offerors are schedule holders under GSA Multiple Award Schedule. It was determined that three (3) offerors was sufficient to provide competition and not slow down the process of procuring a new bridge BPA contract in order to meet this requirement.

V. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

Supplies offered on the schedule are listed as fixed price. Services offered on the schedule are priced either hourly rates, or at fixed price for performance of a specific task such as operation and maintenance and repairs.

GSA has already determined the prices of supplies and fixed-price services and rates for services offered at hourly rates, under the schedule contract to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order against the BPA contractor.

VI. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Efforts were made to ensure that offers were solicited from as many sources as possible by reviewing active GSA IDIQ/BPA contracts that met the requirement. GSA contacted multiple offerors within Region 7 to gather market research information. The research included consideration of an offeror's ability to perform the requirement without the additional scope being burdensome on their organization, negatively impacting their performance on other contracts. In an effort to mitigate potential damages and to minimize the unavoidable gap in service caused by the short-notice given by the incumbent to cease operations, GSA has determined that a full and open solicitation is not feasible. The urgency of the requirement compelled market research to be limited to reviewing existing contracts and contacting offerors and inquiring of their interest in submitting quotes under the Multiple Award Schedule 561210FAC. The offerors contacted stated they were interested. The government will provide the offerors with required data and documents for the technical requirements, as a standard in the re-procurement process, a Request for Quote (RFQ) will be issued, and all quotes will be evaluated utilizing Lowest Price Technically Acceptable (LPTA) procedures.

VII. Any other facts supporting the justification.

The government is heavily dependent on the contractor personnel to operate and maintain government facilities.

Failure to have qualified individuals available to operate facilities creates great risk of failure of government equipment.

The current contractor (CFM) has filed bankruptcy and has no inclination to continue to provide services and oversee the day-to-day services for the facilities in Corpus Christi and Victoria, TX. The absence of services that are currently being provided under this contract would likely compromise the health and safety of employees as well as the general public and damage critical equipment within the facilities.

VIII. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

There was not sufficient time to make this acquisition available for competition. This action requires providing 18 months for GSA to adequately develop, solicit, and award a new competitive contract. Once this bridge BPA is in place, GSA will begin the procurement process to award a competitive replacement contract. Future procurements will be closely monitored to ensure early planning and execution of replacement contacts are in place prior to the expiration of the existing contract.

IX. The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I, Thomas Holguin, the Branch Chief for the Services Branch and assigned Contracting Officer, certify that the information contained within is accurate and true to the best of my knowledge.

X. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The Office of Facilities Management is responsible for technical requirements for a Full Maintenance contract.

Their Subject Matter Experts (SME) have provided the data and documents for Section J of the specifications.

XI. For justifications under 8.405-6(a)(1), a written determination by the approving official identifying the circumstance that applies.

Unusual and Compelling Urgency due the contractor CFM’s owner filing for Chapter 13 bankruptcy and expressed an unwillingness to continue providing services beyond September 13, 2024 in Region 7.

Reviewed by:

Date

Date

Date

Date

Thomas Holguin Branch Chief, Services Branch (7PQB)

Assistant Regional Counsel (LD7)

Carolyn Smith Acquisition management Division (7PQ)

Approved by:

Charlie Hart Competition Advocate, (R7)

Certificate Of Completion Envelope Id: B0AB2268AEC247EB9E76738463CAD3AC Status: Completed Subject: Complete with Docusign: J&A Limited Sources OKC_Lawton OK.pdf, _J&A O&M Services CC_Victoria.pdf Source Envelope:

Document Pages: 6 Signatures: 9 Envelope Originator:

Certificate Pages: 4 Initials: 0 Thomas holguin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC) Dublin, Edinburgh, Lisbon, London

1800F F St NW Washington DC, DC 20405 thomas.holguin@gsa.gov IP Address: 47.186.229.19

Record Tracking Status: Original

9/16/2024 7:53:44 PM

Holder: Thomas holguin thomas.holguin@gsa.gov

Location: DocuSign

Security Appliance Status: Connected Pool: FedRamp Storage Appliance Status: Connected Pool: US General Services Administration Location: DocuSign

Signer Events Signature Timestamp Tina Carter tina.carter@gsa.gov US General Services Administration Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 75.35.118.124

Sent: 9/16/2024 8:01:10 PM Viewed: 9/16/2024 9:00:57 PM Signed: 9/16/2024 9:01:04 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Thomas holguin thomas.holguin@gsa.gov Supervisory Contract Specialist US General Services Administration Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 47.186.229.19

Sent: 9/16/2024 9:01:06 PM Viewed: 9/16/2024 9:12:07 PM Signed: 9/16/2024 9:12:15 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Angel Leal angel.leal@gsa.gov Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 76.237.90.162

Sent: 9/16/2024 9:12:18 PM Viewed: 9/16/2024 9:15:04 PM Signed: 9/16/2024 9:17:03 PM

Electronic Record and Signature Disclosure:

Accepted: 8/15/2022 3:20:32 PM ID: e7493913-eab4-4ba3-82af-67bc2649801b

Carolyn Smith carolyn.smith@gsa.gov R7 Warrant Board Chair US General Services Administration Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 99.47.38.113

Sent: 9/16/2024 9:17:05 PM Viewed: 9/16/2024 10:03:56 PM Signed: 9/16/2024 10:04:14 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Signer Events Signature Timestamp Charlie Hart charlie.hart@gsa.gov US General Services Administration Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 67.10.255.117 Signed using mobile

Sent: 9/16/2024 10:04:16 PM Viewed: 9/16/2024 10:20:36 PM Signed: 9/16/2024 10:25:08 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp Danise Burt danise.burt@gsa.gov Security Level: Email, Account Authentication (None)

Sent: 9/16/2024 10:25:10 PM Viewed: 9/16/2024 10:26:55 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Kathy Herring kathy.herring@gsa.gov US General Services Administration Security Level: Email, Account Authentication (None)

Sent: 9/16/2024 10:25:11 PM Viewed: 9/16/2024 11:21:43 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/16/2024 8:01:10 PM Certified Delivered Security Checked 9/16/2024 10:20:36 PM Signing Complete Security Checked 9/16/2024 10:25:08 PM Completed Security Checked 9/16/2024 10:25:11 PM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

ESIGN DISCLOSURES AND CONSENT

It is required by law to provide you with certain disclosures and information about the products, services or accounts you may receive or access in connection with your relationship with us ('Required Information'). With your consent, we can deliver Required Information to you by a) displaying or delivering the Required Information electronically; and b) requesting that you print or download the Required Information and retain it for your records.

This notice contains important information that you are entitled to receive before you consent to electronic delivery of Required Information. Your consent also permits the general use of electronic records and electronic signatures in connection with the Required Information.

In accordance with the Electronic Signatures in Global and National Commerce Act (E-Sign Act), I recognize that my eSignature (Electronic or Digital Signature) shall be given the same legal status as a signature made with a pen. I further recognize that the eSignature may not be denied legal effect, validity, or enforceability solely because it is in electronic form. I hereby consent to the use of eSignature.

After you have read this information, if you agree to receive Required Information from us electronically, and if you agree to the general use of electronic records and electronic signatures in connection with our relationship, please click the 'I ACCEPT' button below.

Statement of electronic disclosures:

You may request to receive Required Information on paper, but if you do not consent to electronic delivery of Required Information, we cannot proceed with the acceptance and processing to create a relationship with you in connection to the products, services or account.

If you consent to electronic delivery of Required Information, you may withdraw that consent at any time. However, if you withdraw your consent we will not be able to continue processing to create a relationship with you in connection to the products, services or account.

If you consent to electronic disclosures, that consent applies to all Required Information we give you or receive from you in connection with our relationship and the associated notices, disclosures, and other documents.

You agree to print out or download Required Information when we advise you to do so and keep it for your records. If you are unable to print or download any Required Information, you may call us and request paper copies. If you need to update your e-mail address or other contact information with us, you may do so by calling us and requesting the necessary updates.

If you wish to withdraw your consent to electronic disclosures, you may do so by calling us and requesting withdrawal of consent. After consenting to receive and deliver Required Information electronically, you may request a paper copy of the Required Information by calling us.

If you do not have the required software and/or hardware, or if you do not wish to use electronic records and signatures for any other reason, you can request paper copies of the Required Information to be sent to you by calling us.

Your consent does not mean that we must provide the Required Information electronically. We may to, at our option, deliver Required Information on paper. We may also require that certain communications from you be delivered to us on paper at a specified address.

I have read the information about the use of electronic records, disclosures, notices, and e--mail, and consent to the use of electronic records for the delivery of Required Information in connection with our relationship. I have been able to view this information using my computer and software. I have an account with an internet service provider, and I am able to send e-mail and receive e-mail with hyperlinks to websites and attached files. I also consent to the use of electronic records and electronic signatures in place of written documents and handwritten signatures.