Justification for 8(a) Sole Source MEC LLC.pdf

SBU - CONTRACTING AND ACQUISITIONS

JUSTIFICATION FOR SOLE SOURCE 8(A) TRIBAL

CONCERN CONTRACT EXCEEDING $25 MILLION

FAR Part 19.805-1(b) and FAR Part 19.808-1(a)

1. Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation (FAR) 19.805-1(b), 19.808-1(a), and 6.303-2(d) upon the basis of the following justification, the U.S. Department of State Office of Acquisition Management proposes to enter into a sole source Tribal 8(a) contract for staffing of operation and maintenance services of U.S. Embassies on behalf of the East Asian and Pacific Affairs and the European and Eurasian Affairs Bureaus. The total estimated cost is $28,057,665.00

2. A description of the supplies or services required to meet the Department’s needs.

The requirement is to provide Operation and Maintenance Services of US Embassies at a total cost estimated at $28,057,665.00. These services require that Operation and Maintenance Services be performed. This will allow the Bureau of East Asian and Pacific Affairs and the Bureau European and Eurasian Affairs to accomplish their missions at the U.S. embassies and consulates they support. The overarching goal of the requirement is to provide the U.S. Department of State (DOS) with clerical, information technology, professional, and maintenance support services for certain U.S. embassies and consulates in Europe and Asia, and for the offices of the United States Mission to NATO (USNATO) and the Military Delegation (MILDEL) at the New NATO Headquarters (NNHQ) in Brussels, Belgium. The principal places of performance for this contract shall be in Europe: U.S. Embassy Moscow, U.S. Embassy Kyiv, U.S. Embassy Chisinau, U.S. Mission to NATO, and U.S. Embassy Brussels; in Asia: U.S. Embassy Beijing, U.S.

Consulate Shanghai, U.S. Consulate Shenyang, U.S. Consulate Guangzhou, U.S.

Embassy Hanoi, U.S. Consulate Ho Chi Minh City, and U.S. Consulate Hong Kong.

3. The statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract.

Award under Section 8(a) of the Small Business Act is authorized by Statute 41 U.S.C. 253(c)(5) and 15 U.S.C. 637 as prescribed at FAR 6.302-5 (b)(4) and SBA’s acceptance of the requirement on behalf of a firm owned by a Native American tribe. The decision by the Contracting Officer to utilize the 8(a) program is recognized in FAR 5.202(a)(4) as being authorized by statute. Section 8(a) of the Small Business Act permits award to tribal firms on a sole source basis.

4. A determination that the use of a sole-source contract is in the best interest of the agency.

It is in the best interest of the Department of State to award a sole-source 8(a) contract to Mec Energy Services LLC name based upon the following:

The selected vendor, Mec Energy Service, LLC, 3949 Highway 8, Ste. 110, New Town, ND 58763-9567, UEI NXPNY5D53ML, CAGE Code: 5RKEO. Mec has been determined to be a small business under NAICS code 541611, and eligible for award under Section 8(a) of the Small Business Act.

Mec Energy Services LLC have demonstrated experience with the Department of State, and in particular with the Department’s staffing support services within the infrastructure of the Department of State. Likewise, Mec has experience in staffing support services for U.S. embassies and consulates. These skill sets are a critical element to the Bureaus of East Asian and Pacific Affairs and the Bureau of European and Eurasian Affairs.

In considering Mec, the contracting officer also considered the will of Congress to support those business that have been statutorily defined as Small and Disadvantaged Businesses authorized to receive awards on a Sole Source Basis under Section 8(a) of the Small Business Act. This Act reflects not only the will of Congress, but the Departmental goals established by the Small Business Administration and assigned to the Department. Awards under the 8(a) Program are but one of the items included in the Goal Accomplishment Report, which is a predefined government-wide report managed by the Office of Federal Procurement Policy within the Office of Management and Budget Mec Energy Services LLC has a successful track record with contract staffing support requirements at the U.S. Department of State. Their ability to quickly implement complicated business processes and procedures allows for the agency to make an award by the target date of April 3, 2023.

The selection of Mec Energy Services LLC achieves all of the objectives stated above in that it facilitates an award to a firm with a demonstrated track record of performance in the key areas and objectives of this requirement, and it significantly reduces acquisition lead time to provide support to the Department in achieving an important element of their small business goals.

5. A determination that the anticipated cost of the contract will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on in-depth analysis. By signing the justification, the contracting officer makes a determination that the costs/prices to the Government are expected to be fair and reasonable.

6. Any other facts specified by the agency head as required in support of this justification.

The Small Business Act requires that a contracting officer review all acquisitions to determine if the requirement can be met at a fair and reasonable price by a Small Disadvantaged Business firm. The contracting officer, having made this determination, would proceed with the acquisition in full compliance with the terms as well as the intent of the FAR.

The Bureau of Overseas Buildings Operations supports SBA’s 8(a) program, which gives opportunities to small disadvantaged businesses. Award of this contract helps the Department of State achieve its small business contracting goals for both the Native/tribal economic goals and the 8(a) program.