Justification for Full and Open Competition.pdf

GENERAL SERVICES ADMINISTRATION

R5 Great Lakes Region Public Buildings Service

Acquisition Management Division

230 S Dearborn

Chicago, IL 60604

National Architecture Engineering Interiors Services Indefinite Delivery/Indefinite Quantity Contracts

JUSTIFICATION AND APPROVAL

1. Contracting Agency and Activity: The General Service Administration, R5 Acquisition Management Division (AMD), Energy Team, plans to contract by means other than full and open competition according to FAR 6.302-2 and FAR 6.302-3.

2. Nature of Action Being Approved & Description of Supplies or Services:

The COVID-19 pandemic forced thousands of government employees out of the workplace and into temporary work from home situations. In order for government agencies to return to the workplace, immediate steps need to be taken to create a safe work environment for staff whose duties require them to be in their designated government facility. The General Services Administration (GSA) has organized multiple teams to provide guidance on the return to workplace effort and will also be requesting $12-15 billion for a stimulus package to support the recovery efforts related to the COVID-19 Pandemic. The

National Architecture Engineering Interiors (AEI) IDIQ is the best suited national contracting vehicle available to manage the surge of COVID-19 return to the workplace and stimulus package design projects in an expedited fashion. As a result, GSA has a need for increased ordering capacity to allow

COVID-19 and stimulus package related projects to be awarded without being limited by the contracts’ current $2.5 million Maximum Ordering Limit (MOL).

The GSA Total Workplace Program Management Office (TWP PMO) has been tasked with optimizing the capacity and particular skill sets that combine traditional AEI and workplace strategy communication of the National AEI IDIQ while offering solutions to expedite COVID-19 related task orders. The 12 firms on the AEI IDIQ will need to have an increased COVID-19 Maximum Ordering Limit (MOL) to accommodate necessary urgent and compelling work.

The increased MOL values will need to be applied for all 12 firms for COVID-19/Stimulus Package related work.

3. Estimated Dollar Value: The government estimate is to increase the MOL value from $2.5 million to $12.5 million for each of the 12 firms on the National AEI

IDIQ

4. If Sole Source, does Sole Source vendor hold a GSA Schedule (Utilization of FAR Part Eight (8))? ☐ Yes ☐ No ☐ X N/A (If the answer is No or

N/A, skip to No. five (5).

4a. If action will utilize FAR Part 8 FSS/GSA schedule, identify which circumstance justifies the LSJ action:

FAR 8.405-6(a)(1)(i)(a-c) ☐A (Unusual and Compelling Urgency) ☐B (Only one source Identified) ☐C (Logical Follow-on to FSS order) (Verify justification reference in the FAR) http://acquisition.gov

5. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2) and 41 U.S.C. 3304(a)(3)(B) as implemented by the Federal

Acquisition Regulation (FAR) Subpart 6.302-2 entitled, Unusual and compelling urgency and Subpart 6.302-3 Industrial Mobilization; engineering, developmental, or research capability; or expert services.

6. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority

(FAR 6.303-2(b)(5)).

The Administration has provided new guidelines to gradually begin to reopen federal offices and for agencies to call their employees back from mandatory telework programs during the COVID-19 Pandemic. The federal government has a critical role to assist and lead the national recovery. If the effort is not phased and implemented correctly, it could worsen the pandemic crisis and unnecessarily expose millions of Americans to illness and potentially death.

The need for immediate specialized assistance from professionals across various disciplines, including public health, real estate, technology, architecture, building management and construction specialists that can develop comprehensive pandemic solutions based on the CDC and White House guidelines for federal agencies is crucial to saving lives and getting the US economy back up and running.

DocuSign Envelope ID: 31781FF3-1AFE-48CC-B9FB-0DAF9377B329 http://farsite.hill.af.mil/vffara.htm

The below are proposed contract changes needed to support urgent COVID-19/Stimulus Package related work and maintain vital government facilities in an operational capacity during a National Emergency:

Establish an increased MOL to accommodate COVID-19/Stimulus Package related work during the duration of the AEI IDIQ period of performance, inclusive of future FAR 52.217-8 contract extensions not to exceed an additional six months, for all twelve firms.

The National AEI IDIQ is in Option Year 4 (final option) and currently has a MOL of $2.5 million for each firm per option year. The current MOL will not be sufficient to manage the surge of COVID-19 related projects. The COVID-19/Stimuls Package related work is anticipated to be no less than $60 million, however, it will not be known until each order is awarded, which firms are best qualified to perform the work. Therefore, some firms may receive more awarded dollars than others depending upon their qualifications.

Establishing an increased MOL for a total of $12.5 million per firm, will allow for task orders to be awarded expeditiously as they relate to COVID-19 projects and future economic stimulus package awards and ensure each firm has the capacity to perform the work . Increasing MOLs from 2.5 million to 12.5 million per firm is estimated to be necessary so that the MOL capacity is available when needed for this urgent and compelling work that in total is estimated to have a minimum magnitude of $60 million.

Additionally the anticipated stimulus package funding is not expected to be available until second quarter fiscal year 2021 which is near the expiration of the

AEI IDIQ. In the event the AEI IDIQ vehicle needs to be extended under FAR 52.217-8 up to a period of an additional six months, any unused portion of the increased $10 million MOL will need to remain in place at the same level and carried forward into subsequent extension periods. Carrying forward any unused increased MOL capacity will allow for work to be accomplished for urgent and compelling work until a new contract vehicle is established.

These steps will help government agencies when repopulating their facilities, conducting mission critical work to support efforts for getting people back to work and continuing to protect American lives. It is in the best interest of the government to approve this request for the National AEI IDIQ.

7. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

The notice required by FAR 5.201 is not provided due to the exception under FAR 5.202(a)(2) - The proposed contract action is made under the conditions described in 6.302-2 or, for purchase conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency implies with the time periods specified in 5.203

Other potential sources were considered but the National AEI vehicle is the most practical vehicle considering the number of firms and nationwide coverage to accomplish the urgent COVID-19 and stimulus package related work.

8. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The Contracting Officer’s Representative (COR) and TWP PMO researched the estimated dollar amount of the COVID-19/Stimulus Package projects as a result of GSA’s plan to request a $12-15 billion stimulus package to support recovery efforts related to the COVID-19 Pandemic. The estimated value of work is a minimum of $60 million and the task orders will be awarded to the best qualified firm. The current MOL of $2.5 million will not be adequate to award COVID-19 and stimulus related projects. The requested increase of $10 million per firm is estimated to allow the urgent COVID-19/Stimulus

Package projects to be awarded. The Contracting Officer determines that the anticipated increase in the Maximum Ordering Limit (MOL) will be fair and reasonable based on the facts provided by the COR, Arlene Graham, who has recommended the MOL increase values based on an analysis of predicted needs.

A fair and reasonable determination will be made at the time of award of individual task order awards in conjunction with the government estimate for each individual COVID-19/Stimulus Package project. A price/cost analysis will be performed to sufficiently determine that the cost to the Government will be fair and reasonable prior to award of all associated orders.

9. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Market research was conducted by the Total Workplace Project Management Office and the R5 Acquisition Management Division to identify viable alternatives to accomplish the award of COVID-19/Stimulus Package related projects. Other AE Regional vehicles exist, but are not positioned in the same manner as the National AEI IDIQ vendors in relevant experience or with national coverage. After considering the qualifications of the National AEI firms and their unique range of experience in design, engineering, client communications, and the nationwide coverage available, it was decided that the

National AEI vehicle was best suited to accomplish needed work on an urgent and compelling basis..

10. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

All facts have been documented in Sections 2 and 6. There are no additional facts to be reported in this section.

11. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

N/A

12. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated

(FAR 6.303-2(b)(11)).

To overcome any barriers to competition, the twelve firms on the National AEI IDIQ will be equally considered for any COVID-19/Stimulus Package work.

The qualifications and past performance of each firm will be considered in accordance with the Brooks Act and Fair Opportunity prior to selection. The

Government will continue to monitor the needs of federal agencies as they continue the return to the workplace to gauge the AEI capabilities for future requirements.

13. Research to support the facts presented for the justification above.

The COR and TWP PMO provided facts to support the above justification.

CERTIFICATION (See, FAR Part 6.304 for approval thresholds and FAR Part 6.305 for 6.305 availability of the justification).

The JOFOC has been prepared and certified by:

Technical/Requirements Personnel: I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

Signature (Contracting Officer’s Representative) Date

Name: ____________________________

Title: _____________________________

Contracting Officer: 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.

Signature Date

6/29/2020

National Interior Design Program Manager

Arlene Graham

Krystal Blue

Lead Contract Specialist

14. CONCURRENCE

Concur: One-Above the Contracting Officer (if applicable to Region)

Concur: Office of General Counsel (if over legal review threshold, see ADM 5000.4B)

Approved: Competition Advocate (if over review threshold)

Supervisory Contract Specialist / Energy Team Manager

Jonathan Rubin

Great Lakes Region, PBS, Director, Acquisition Management Division

Michael Wolff

6/30/2020

Regional Counsel

6/30/2020

Thomas Hawkins