Other Than Full Open Competition Justification - APPROVED (1).pdf

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

CUSTODIAL SERVICES

CONTRACT 47PM0620C0010 – FEMA (DC0292ZZ & DC0309ZZ)

NIGHTLY DETAIL CLEANING & DISINFECTING FOR COVID-19 and NRCC ACTIVATION

SERVICES

GENERAL SERVICES ADMINISTRATION

National Capital Region (NCR)

Public Buildings Service

Office of Acquisition

Building Services Division – WPH1BB

1800 F Street NW, Washington, DC 20405

Project Name: Nightly Detail Cleaning & Disinfecting for COVID-19 and NRCC Activation Services

JUSTIFICATION AND APPROVAL

1. Contracting Agency and Activity. The General Service Administration, Office of Acquisition plans to contract by means other than full and open competition. Select One option below.

☐Brand Name Justification (BNJ) ✓Sole-Source Justification (SSJ) ☐Other: (Identify LSJ)

If SSJ, Annotate the following: Vendor Name: Mister Kleen Maintenance Company, Inc. DUNS: 092392315 Cage: 3FLT3

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

The services include nightly detail cleaning & disinfecting for COVID-19 services and National Response Command Center (NRCC) Activation services at the two FEMA buildings, located at 400 and 500 C Street SW, Washington, DC 20024 with a period of performance of October 1, 2020 through December 31, 2020.

3. Estimated Dollar Value: The government cost was $809,845.00.

4. If Sole-Source, does Sole-Source vendor hold a GSA Schedule (Utilization of FAR Part Eight (8))? ☐ Yes ✓ No ☐ 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 is 41 U.S.C. 3304(a)(2), which allows an executive agency to use procedures other than competitive when the need for the services is of such an unusual and compelling urgency that the Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals.

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)).

Mister Kleen was providing these services under the lease. Due to the compressed windows between the initial request for the Services and the required start date, they were the only contractor able to provide these critical services for the tenant agency.

GSA/PBS, Office of Portfolio Management & Real Estate (OPMRE) contacted the Office of Acquisition (OOA) on September 10, 2020 to procure a contract for COVID-19 nightly cleaning, disinfecting, and National Response Command Center activation custodial services that are above-standard services that occur 24/7 during a natural disaster (the “Services”). ORMRE initially requested the services for September 16, 2020 in anticipation of their inability to negotiate a lease for two of FEMA’s buildings.

The lease already expired on August 16, 2020. Once the lease expired, the lessor was under no obligation to continue providing those above standard services that are not included as a direct requirement under the lease. The parties entered into a temporary standstill agreement which required the lessor to provide services until September 16, 2020. On September 16 the parties entered into a second standstill agreement until September 30, 2020. An extension of the lease was not executed by September 30 and the lessor stopped providing all above-standard services.

As a result, GSA needed to procure the Services to ensure the Services would continue. FEMA required the continued use of the space and the above-standard services because of various FEMA mission requirements. Therefore, FEMA required immediate services and had an unusual and compelling urgency for the procurement of such services.

Per the contract specialist, a normal procurement of this type would require about 60 days. Based on the above timeline, circumstances, and the importance of FEMA’ mission, the CO determined this was an unusual and compelling urgency and made an immediate award to Mister Kleen.

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)).

FAR 5.202(a)(2) does not require synopsis of the contract action in situations where a FAR 6.302-2 Unusual and Compelling Urgency, applies.

When relying on the urgency justification an agency is required to obtain competition to the maximum extent practicable. The 5-day window between notice of the requirement and anticipated award did not afforded an opportunity to solicit more offers. The CO reasonably found that Mister Kleen was the only firm capable of meeting the agency’s requirements within the available time.

OOA was initially tasked to ensure services would continue on September 16, 2020. MisterKleen provided an estimate by September 15.

There was no practicable time to solicit other potential sources. After the September 16 standstill it was not until September 23, 2020 that

OPMRE became aware the services might be needed by September 30. At no time in September 2020 did OOA have enough time to solicit other potential sources.MisterKleen’s ability to provide these services to GSA allowed them to meet GSA’s requirements within this short time frame. Once this was confirmed, it was determined to procure a contract with Mister Kleen Maintenance Company, Inc. in order to ensure no lapse in services.

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

GSA compared the proposed price from Mister Kleen Maintenance Company, Inc. to their current contract pricing with the lessor for the same services, as well as the Independent Government Cost Estimate to assist in the establishment of a fair and reasonable price. The quote from Mister Kleen Maintenance Company was 10.8% less than the estimate. Based on the information available the undersigned contracting officer hereby determines, and represents that at the time of the award likewise determined, that the price was fair and reasonable.

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)).

Due to the time constraints for this procurement, no market research was conducted given the unusual and compelling urgency.

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

When 6.302-2 is cited it is necessary to describe the harm to the government. These buildings house FEMA’s headquarters and are instrumental in allowing FEMA to perform its mission of helping people before, during, and after disasters. GSA’s ability to quickly act allowed FEMA to continue operations during the peak of Hurricane Season, which occurs annually from September-December.

When the lease negotiations initially broke down in August there was no anticipation that cleaning services would need to be procured by

OOA. The standstill that was in place would have usually been enough time to negotiate the lease. Due to the rare circumstances of needing to take over above-standard services, it is not practicable for GSA to have contingencies in place anticipating the breakdown of lease negotiations. To do so would be overly burdensome and indicate a lack of faith in the lease negotiations with the lessor.

The total period of performance did not exceed the time necessary to meet the unusual and compelling requirements of the work to be performed.

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

One source has been identified and is listed below:

Mister Kleen Maintenance Company, Inc.

7302 Beulah Street Alexandria, VA 22315

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)).

Given the unique and unusual circumstances of this specific situation, there are no actions that could have been taken to remove or overcome the existing barriers to competition. The need to acquire the stated services in the manner proposed is due to the short time available from when the scope of work is defined to when the services are required to protect the safety of the facility occupants.

There is no plan to procure these types of services for lease locations moving forward because the services are typically procured by the

OMPRE LCO’s under established lease agreements. However, if an unusual circumstance of this nature happens again and we are called to assist OMPRE, it is anticipated that we will procure the service via competitive small business set-asides.

13. 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.

Tyler Anderson Date Contract Specialist

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.

Tikelia Murphy Date Contracting Officer

14. CONCURRENCE

Approved: Competition Advocate (if over review threshold)

Miranda Webster Date Competition Advocate

TylerSAnderson Typewriter 3/25/2021

MirandaGWebster Typewriter March 25, 2021