Metcalfe OandM Limited Source Justification.pdf

General Services Administration Public Buildings Service

Acquisition Management Division Limited-Sources Justification

Operations & Mechanical Maintenance Services at the Ralph H. Metcalfe Federal Building in Chicago, IL

(i) Identification of the agency and the contracting activity

General Services Administration, Public Building Service, Acquisition Management Division

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

Approval is requested to limit sources, 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. This limited sources justification is for the continuation of mechanical operations and maintenance (O&M) services at the Ralph H. Metcalfe Federal Building in Chicago, IL for the period of performance September 1, 2020 to August 31, 2021.

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

The current incumbent for Operations & Mechanical Maintenance services at the Ralph H. Metcalfe Federal Building, Wilson 5 Service Company, was solicited solely to provide O&M Services to ensure the safety of the building mechanical operations and maintain the building assets. The maintenance contractor must provide management, supervision, labor, materials, equipment, and supplies for the efficient, effective, economical, and satisfactory operation, scheduled and unscheduled maintenance, and repair of equipment and systems to include the following:

Electrical systems and equipment; Mechanical, plumbing, Building Automation System (BAS) where applicable, heating, ventilation, exhaust systems and air conditioning (HVAC) systems and equipment;

Fire protection and life safety systems and equipment; All control systems that are within the scope of this Contract. All Building Automation Systems (BAS), Public Address Systems, and Computerized Lighting Systems that are within the scope of this Contract; Architectural and structural systems, fixtures, and equipment; Service request desk operations to include record keeping using a computerized maintenance management system (N-CMMS) or by other means as well as other administrative functions; Locks, keycard systems, vehicle barrier systems and static and dynamic bollard systems.

DocuSign Envelope ID: 0DD23017-599D-46C6-8C10-A598772A0062

The cost for this one year period is $1,263,951.60 for 12 months or $105,329.30 per month.

(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.

The current O&M contract for the Ralph H. Metcalfe Federal Building expired on August 31, 2020.

Procurement for follow-on services began in January 2020 with an initial award made on March 31, 2020. The initial award was protested and resulted in corrective action; the corrective action was also protested. As a result of the protests, it was determined, in August 2020 that the procurement would be cancelled and the requirement would be re-solicited.

In order to ensure continuation of services, it is necessary to restrict competition to a firm that already has qualified employees with security clearances who can start on September 1, 2020. Due to this urgent and compelling need, it is necessary to limit sources for this requirement to protect the Government from unnecessary delays. Without an O&M service contract, the mechanical equipment would become inoperable or unsafe for the employees and public who require access to the building.

The statutory authority supporting the limitation of sources is FAR 8.405-6(a)(1)(i)(A), which states “an urgent and compelling need exists, and following the procedures would result in unacceptable delays.”

The resultant Blanket Purchase Agreement (BPA) will help ensure the safety of the mechanical equipment operations and maintain the building assets. The method of soliciting Wilson 5 Service Company on a sole source basis under FAR 8.405-6 is the only available method of ensuring there will not be a lapse in services. Wilson 5 Service Company has been performing these O&M services at the Metcalfe Federal Building for the past nine years.

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

GSA is currently paying $106,070.81 per month or $1,272,849.72 per year.

Wilson 5’s proposed monthly rate of $105,329.30 is based on the issuance of a BPA and BPA Call from their newly awarded Federal Supply Schedule (FSS). This price has been deemed fair and reasonable based on the current FSS labor rates, accounting for the CBA price adjustment that went into effect on July 1, 2020.

(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.

No market research was conducted in the selection of the proposed contractor due to the urgent and compelling need for these services.

(vii) Any other facts supporting the justification.

Failure to provide continued O&M services would impact building mechanical operations, which could affect the safety of the building tenants and building visitors who utilize the building’s HVAC system.

(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.

Due to the urgency of the situation and the need to avoid a lapse in service to the building tenants, this situation does not require a publicized notice to be posted per FAR 5.202(a)(11) and 41 U.S.C 253(c)(2).

Wilson 5, the current O&M contractor at the Ralph H. Metcalfe Federal Building, was contacted to determine if they were interested in continuing to provide services for a 12-month period beginning September 1, 2020; they indicated that they were. They will be utilizing qualified and cleared personnel from their current contract, which expired on August 31, 2020. This will allow them to meet GSA’s requirements in this short time frame.

Given the unique and unusual circumstances of this situation, there are no actions that could be taken to remove or overcome the existing barriers to competition for this one year period. The need to acquire the stated services in the manner proposed is due to multiple protests files against the follow-on procurement that began in January 2020 and was ultimately cancelled in August 2020. The services are required to protect the safety of the facility occupants.

(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.

As the, Contracting Officer, I certify that the justification is accurate and complete to the best of my knowledge and belief.

(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.

N/A

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

This limited sources justification is necessary because of the multiple protests on the initial BPA and BPA call awards for follow-on services, which ultimately resulted in the cancellation of the RFQ that began in January 2020. The current O&M contract at the Metcalfe Federal Building expired on August 31, 2020. To ensure continuation of services while this requirement is re-solicited, Wilson 5, the incumbent, has agreed to perform services for one year.

Approval:

Katie M. Musselman Date Contracting Officer Chicagoland Services Contracting Branch – 5P2QBA

Concurrence:

Michael Little Date Team Manager Chicagoland Services Contracting Branch – 5P2QBA

Concurrence:

Phillip Moore Date Branch Chief Building Services Contracting Branch

Approval:

Michael Wolff Date Director & Competition Advocate Acquisition Management Division – 5P2Q

Legal Counsel Approval:

Thomas Hawkins Date Regional Counsel – LD5

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9/11/2020