OFOC.pdf

GENERAL SERVICES ADMINISTRATION

Public Building Service Great Lakes, Region 5

Acquisition Management Division Justification and Approval for Other than Full and Open Competition

Custodial and Related Services

Contract 47PF0018D0017 at

Walter H. Rice Federal Building & US Courthouse, Parking Lot, and NARA Warehouse

Dayton, OH

1. Identification of the agency and contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the

General Service Administration (GSA) Public Building Services (PBS) Great Lakes Region 5

Acquisition Management Division.

Vendor Name: Goodwill Easter Seals of the Miami Valley

UEI: E52GRVHXN2L6

Cage: 1CKS7

2. Nature and/or description of the action being approved.

This activity proposes to extend the period of performance for Custodial and Related Services by four months from October 1, 2023, through January 31, 2024, per FAR clause 52.217-8.

Due to FAR clause 52.217-8 not being evaluated at the time of the base contract award, this will be a non-competitive modification.

This activity also proposes to negotiate a non-competitive award (sole source) for a period of four months. The period of performance for the awarded modification is October 1, 2023, through

January 31, 2024.

This extended period is to ensure GSA maintains continued performance of critical services to its facilities between the expiration date of the current contract and the award of the follow-on contract.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

The purpose of this contract is to provide Custodial and Related Services for GSA Region 5

PBS at the Walter H. Rice Federal Building & US Courthouse located at 200 W. Second Street, Dayton, OH 45402, Federal Parking Lot located at Third & Perry Street, Dayton, OH 45402, and

NARA Warehouse located at 3150 Springboro Pkwy, Moraine, OH 45439.

GSA requires this extension to the existing IDIQ contract for multiple reasons:

1. GSA requires an extension to the existing IDIQ contract in order to allow time for approval from the U.S. AbilityOne Commission in order for GSA to award the follow-on contract.

2. An extension to this IDIQ Contract provides GSA with the most effective and efficient method of contract performance until the follow-on contract award is in place.

The monthly cost for this procurement is $38,334.05 per month or $153,336.20 for the full 4-month period for Custodial and Related Services located at the Walter H. Rice Federal Building &

US Courthouse, Federal Parking Lot, and NARA Warehouse in Dayton, OH.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled: “Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” and

41 U.S.C.3304(a)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2 entitled “Unusual and compelling urgency.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Goodwill Easter Seals of the Miami Valley is uniquely qualified to provide these services based on the following:

a. They are currently performing these services.

b. They are the mandatory source of supply per FAR 8.7 Acquisition from Nonprofit Agencies

Employing People Who are Blind or Severely Disabled

c. All contractor personnel have received favorable adjudication of their National Agency

Check with Inquiries clearance.

d. A GSA ENT user credential permitting full access to the facilities and systems. There is a risk to building operations should services be interrupted. A lapse could lead to a reduction in the level of custodial services provided for the building tenants and visitors. Without a

Custodial Services contract, the buildings would potentially become unsafe and hazardous for the employees and public who require access to the building.

e. Due to unusual and compelling circumstances arising from the unanticipated delays in the procurement for follow-on services, this justification to limit competition for this project is required to protect the Government from a lapse in Custodial Services while GSA is procuring the follow-on contract.

The current contract is due to expire on September 30, 2023.

6. 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.

Due to the urgency of this situation and the need to avoid a lapse in service, this situation does not permit the solicitation of additional offers.

Goodwill Easter Seals of the Miami Valley, the current Custodial and Related Services contractor, was contacted to determine if they were interested in continuing to provide services.

Goodwill Easter Seals of the Miami Valley did express interest in continuing to provide services for an additional 4-month period. They already have cleared personnel that meet GSA’s requirements in this short time frame. Once this was confirmed, it was determined that an extension to Goodwill

Easter Seals of the Miami Valley existing contract would be completed to ensure that there was no lapse in service.

A notice will not be publicized in accordance with FAR 5.202(2); however, to meet the requirements of FAR 6.305(b), the OFOC will be posted within 30 days after the execution of the modification.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. GSA has prepared an Independent Government Cost Estimate (GCE) to assist in the establishment of a fair and reasonable price. This determination will be based on a comparison of current contract pricing, other information made available, and/or a Government

Cost Estimate.

8. 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.

Market research was not conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement for the existing need due to the target date of the award for the follow-on not being established in a timely manner. Based on the aforementioned, the government did not have adequate time to determine if services could be obtained within 30 days, to commence by the current end date of performance. No other contractor was identified within this short timeframe who possessed personnel with the specific building knowledge or security credentials required to continue performance with this shortened period for execution.

9. Any other facts supporting the use of other than full and open competition.

There are no additional facts to be reported.

10. A listing of any sources that expressed a written interest in the acquisition.

One source has been identified and is listed below:

Goodwill Easter Seals of the Miami Valley

660 S. Main Street

Dayton, OH 45402

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

A sole source procurement through the AbilityOne program is already underway for a follow-on contract, with a planned effective date of February 1, 2024. The extended period of performance will be established only to provide continued services while the sole source procurement through the AbilityOne program is being conducted. It is in the Government’s best interest to award a modification to extend services for the period of October 1, 2023, through January 31, 2024, to

Goodwill Easter Seals of the Miami Valley.

12. CERTIFICATION

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

DORELL DUBIAK Date

Contracting Officer – 5P2QBB

09/26/2023