Justification_Approval_FAR 6.3_BayAreaHousing_rev3 FINAL.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3, the following facts and rationale justify the use of such authority:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Office of Procurement and Contracting, Commercial Support Services Branch (DOL-932) prepared this justification for other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: The USCG intends to procure for USCG Bay Area Housing and Grounds Maintenance Services on a sole-source basis, a modification to extend performance for a period of 6 months, 01 April 2022 through 30 September 2022. At time of award of the current contract, the six month extension was not evaluated. As such this J&A is necessary in order to use the Clause FAR 52.217-8, “Option to Extend Services”, as authority to exercise this option.

(b) Name and address of the contractor: CTC, 4220 Cahaba Heights Court, Suite 207, Birmingham, AL 352435730

(c) Type of action: Contract Modification

(d) Estimated total value (including options):

Period Unit Price Total

Option Period 5

6 mo.

$101,783.00

$610,698.00

Total $610,698.00

The total value of the Base plus all option periods is in the amount of $16,530,098.49 and the 6 month extension is in the amount of $610,698.00. The combined total value for the contract action is in the amount of $17,140,796.49.

Current contract HSCG84-17-C-PCZ006 is with CTC and expires 31 March 2022.

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2022

(g) Solicitation number: N/A

(h) Background information about the requirement: Contract HSCG84-17-C-PCZ006 was awarded to CTC on 09 March 2017, a competitive 8(a), to provide Bay Area Housing and Maintenance and Grounds Maintenance Services at Base Alameda, TRACEN Petaluma, Novato, and Yerba Buena Island. The award was for a Base Year and Four Option Years in the amount of $16,530,098.49.

3. Description of Supplies/Services.

This procurement requires the Contractor to provide comprehensive housing maintenance services for all Coast Guard military housing facilities located in Alameda, Novato, Yerba Buena Island (YBI), Petaluma, CA by means of a combination Firm- Fixed-Price (FFP) and Estimated Quantity Items (EQI) contract. The scope of this specification includes the maintenance and repair of Military Family Housing (MFH), Representational Facilities (REPFAC), Unaccompanied Personnel Housing (UPH) units, Guest Housing in Novato, associated real property, common areas, equipment, systems, and household appliances. The scope includes grounds maintenance for the entire housing area and janitorial services at the Alameda Housing Office. The scope also includes management of all services to ensure use of competent personnel, and timely and accurate completion of all work to provide clean, safe and habitable units. All work shall be performed in accordance with Means Facility Maintenance Standards where applicable, manufacturer’s recommendations, national codes (Electric Code, Plumbing Code, International Residential Code (IRC), etc.), Industry Standards (American Concrete Institute, Carpet and Rug Institute, Gypsum Association, etc.), and applicable Federal, State, and Local rules and regulations, and standard commercial practice unless otherwise specified herein. Military housing maintenance applies to, but is not limited to, all of the housing units, garages, playgrounds, grounds maintenance, office janitorial, utility infrastructure, the housing office and other miscellaneous buildings, atonements, driveways, & sidewalks. All Spanish style housing in Novato and Quarters A at YBI are listed on the national Historic Register and must be maintained up to original standard.

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

The statutory authority permitting other than full and open competition is 10 U.S.C. §3204 (a)(1), as implemented by FAR 6.302- 1, entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Act.

N/A.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

The requested action is required to continue Bay Area housing maintenance and ground maintenance services from the current contractor, CTC, in order to prevent major disruptions to the CG mission. CTC has been satisfactorily performing services for last five years, and is very familiar with all aspects of the requirement. If this J&A is not approved, the mission will experience an interruption in service and present a health and safety risk to affected Bay Area locations and personnel. In addition, CTC is on-site and knows exactly what services are needed and do not require any transition time to perform required services. The requirement is of such short duration that conducting a competitive action would take too long and we would have a gap in services that we can’t withstand during the busy PCS season.

The process for procuring a competitive follow-on 8(a) contract is nearly completed and it is anticipated that an adequate number of qualified contractors will submit an offer to provide adequate competition. Full completion of this procurement was delayed by the Coast Guard’s implementation of the Financial Management and Procurement Services (FMPS) Business Process Re-engineering (BPR) initiative and the concomitant implementation of the new DHS financial and procurement system, Financial System Modernization Solution (FSMS). The impact of the implementation of the new systems combined with unforeseen administration delays and office turnover have significantly increased workload demands on contracting personnel and created delays across the Coast Guard, including the award of the Bay Area housing maintenance and ground maintenance services contract.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

The agency shall make publicly available the justification within 14 days after contract modification award. It is not practicable to compete this requirement because it is for an immediate need and too short a duration but the follow-on contract will be fully competitive under the 8(a) program.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

Clause FAR 52.217-8, “Option to Extend Services”, will be used to exercise an additional six months of services on the same terms as the previous performance. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on current pricing, prior acquisition history, and a comparison with the current U.S. DOL wage rates.

The current price rates were considered fair and reasonable based on price competition and commercial contract prices for the same or similar items. There have not been any significant changes made to the requirement; therefore a significant increase is not anticipated or shall be minimal.

9. Description of Market Research.

There was no market research conducted for this action (other than what has already been done for the follow-on procurement) and the length of the extension is too short to permit fully competitive procedures. However, the Government has past and current pricing data on same or similar services to determine price reasonableness. A review of the current DOL Contract Labor Standards also has been conducted.

The current contractor, CTC, would be interested in providing continued performances if required by the Government. The Government anticipates that any increase in price would be based on any revisions to prevailing labor rates.

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

N/A.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the

Acquisition.

As mentioned, due to unforeseen administration delays, office turnover, and the implementation of the new FSMS system the renewal will not be awarded in time to continue services.

However, a Sources Sought Notice was published 28 July 2021 for follow-on requirement stating it will be a competitive 8(a) set aside action. Eight vendors responded and are as follows: A1 Anherma – 8(a) small business, Charitar Realty, 8(a) small business, E.J.

Wallace Enterprises Inc. – 8(a) small business, DSA, LLC – 8(a) small business, MJM- ACEPEX JV2 – 8(a) small business, Brown, Curtis dba Premier Contract Services – SDVOSB small business, and Blackbird Industries Inc. – SDVOSB small business. Two of the respondents do not have facilities maintenance experience and are not 8(a) small businesses.

12. 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.

Based on responses to sources sought notice, it is evident there will no barriers to competition of qualified 8(a) firms to perform recurring services required.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Ryan M. Suchy Date Contracting Officer

14. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

CPO Jennifer L. Spedoske Date Technical Representative/COR

APPROVAL:

Ryan M. Suchy Date Contracting Officer

30 MAR 22