LSJ_Bridge Custodial Trash Appraisers and Custom House_executed_Redacted.pdf

FOR OFFICIAL GOVERNMENT USE ONLY

LIMITED SOURCES JUSTIFICATION & APPROVAL (J&A) TO AWARD SOLE SOURCE

DUE TO POST -AWARD COFC PROTEST FOR BLANKET PURCHASE AGREEMENT

47PK0222A0011

Subject: Limited Sources Justification to Award a Sole Source Bridge Contract Pursuant to Federal Acquisition Regulation 8.405-6(a)(1)(C) while a Post-Award Protest is pending the U.S. Court of Federal Claims (COFC) for Blanket Purchase Agreement (BPA) 47PK0222A0011 and Call 47PK0222F0032, Custodial and Grounds Services for the U.S. Custom House and the U.S. Appraisers Building, San Francisco, California.

Background: Request for Quotation (RFQ) 47PK0222Q0007 was issued on March 1, 2022, with closing date of April 6, 2022. This was for a ten-year BPA to start on August 1, 2022, and end on July 31, 2032.

The incumbent was AMI-ACEPEX JV2, LLC (ACEPEX) and the contractor selected was Pundir Group, Inc. (Pundir). The Acquisition Management Division (AMD) of the Public Building Services (PBS) within General Services Administration (GSA) received a protest that was filed with COFC alleging that GSA acted, “unreasonably and inconsistent” with the terms of the RFQ while evaluating quotes. Part of GSA’s corrective action is to terminate BPA 47PK0222A0011 and Call 47PK0222F0032 on October 31, 2022 and issue a sole source bridge contract to Pundir for custodial and grounds services starting November 1, 2022 and ending October 31, 2023. GSA intends to issue a new RFQ for the entire ten-year requirement in 2023.

Federal Acquisition Regulation (FAR) Part 8.405-6 allows for a limitation on sources in certain circumstances. One of the situations includes where an “urgent and compelling need exists.” In the interests of the health and safety of the many tenants and patrons of both the U.S. Custom House and the U.S. Appraisers Building, custodial services must be maintained. Grounds services are critical since this includes rodent and pest abatement, another factor in preserving the health and safety of the tenants and patrons of these buildings. GSA intends to award a sole source bridge contract to the selected contractor, Pundir, to perform these urgent and compelling services that significantly affect the United States’ interests with the U.S. Custom House and the U.S. Appraisers Building based on the following:

Facts:

1. Issue a firm, fixed price bridge contract to Pundir, to ensure the continuity of custodial and grounds services. Under FAR Part 8.405-6, this bridge contract will be for one year starting on November 1, 2022, and end on October 31, 2023. A six-month extension clause under FAR Part 52.217-8 will be included in this bridge contract. The total estimated cost for this one-year bridge contract is If the extension clause is exercised for six months, an additional cost of will be incurred, for a total estimate of

2. Contract award must be made immediately since custodial and grounds services will end on October 31, 2022, due to the protest by incumbent, ACEPEX. GSA has a bona-fide need for custodial and grounds services to ensure the health and safety of the tenants and patrons of these federal buildings. If these critical custodial and grounds services fail to be provided to the federal buildings, these facilities may be deemed unsafe for occupancy. An award of a one-year bridge contract prevents this potential, mission-compromising situation.

3. GSA will terminate BPA 47PK0222A0011 and Call 47PK0222F0032 in order to moot the protest pending at COFC. Due to the urgency for continued custodial and grounds services, there is no time to compete a bridge contract since services are required November 1, 2022. Pundir has the required building clearances and knowledge to continue performing these services. New contractor clearances can take 30 to 60 days; accordingly, a sole source bridge contract will be awarded to Pundir for the continuity of services.

FOR OFFICIAL GOVERNMENT USE ONLY

4. The anticipated cost for this bridge contract is considered Fair and Reasonable as Pundir has agreed to maintain prices at the current year level under BPA 47PK0222A0011 and Call 47PK0222F0032. Prices for the BPA and Call were previously deemed Fair & Reasonable.

5. The sole source bridge contract will be procured under FAR Part 8.405-6(a)(1)(A). Limiting Sources. Pursuant to FAR Part 8.405-6(a)(2)(ii) in “the case of an order or BPA permitted under paragraph (a)(1)(i)(A) of this section, the justification shall be posted within 30 days after award.”

6. The bridge contract will be awarded November 1, 2022, which is three months after the original contract start date. GSA must award a bridge contract to ensure continuity of custodial and grounds services at these two federal facilities.

7. All the requirements of FAR Part 8.405-6(c)(2)(i) through (x) have been addressed within this J&A.

Pursuant to FAR Part 8.405-6(a)(1)(C) and based upon the above facts, a sole source award is justified based on an urgent and compelling need that exists. As the ordering activity contracting officer, I certify that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief as specified at FAR Part 8.405-6(c)(2)(x).

Contracting Officer Date:

Branch Chief Date:

AMD Director, Competition Advocate Date:

Regional Counsel Date: