8._JOFOC_Janitorial_1-year_bridge_contract.docx

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy Buenos Aires use other than full and open competition for the acquisition of janitorial services for the US Embassy Office Building and Chief of Mission Residence. The estimated cost is AR$ 9,401,710 (equivalent to US$ 602,674 at current Rate of Exchange of 15.6 Pesos to the Dollar).

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

This effort is for a 1-year bridge contract. The reason for issuing this interim contract is to allow adequate time to award a competitive contract for janitorial services, in accordance with federal law and regulation.

This bridge contract is necessary to ensure that there is no break in the US Embassy Buenos Aires janitorial services. This 1-year bridge contract will be followed by a competitive solicitation.

3. A description of the supplies or services required to meet the agency’s needs.

Janitorial services for real property owned or managed by the U.S. Government at Buenos Aires, Argentina. The Contractor shall perform janitorial services in all designated spaces including, but not limited to halls, offices, restrooms, work areas, entrance ways, lobbies, storage areas, elevators, stairways, exterior sidewalks, parking area, and exterior grounds. Service will be performed at the Office Building Chancery and the Chief of Mission Residence.

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

41 USC 253©(1) – Only one responsible source.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

The incumbent contractor Limpiolux S.A. has provided continued services to U.S. Embassy Buenos Aires under a BPA for residential cleaning since October 2016. Such BPA was awarded after conducting Full and Open Competition, Limpiolux being the Lowest-Priced Technically-Acceptable offer. Contractor’s performance under the referenced agreement is considered exceptional.

The current janitorial service provider CAPSSA (Compañía Argentina de Prestaciones y Servicios S.A.) has performed these services since June 2014 under contract SAR20014C0002. As evidenced in Post reports issued in CPARS, their performance record was acceptable throughout the entire contract except in the last four-month extension of the contract under Modification M003, when the occasional issues that occurred in previous periods became permanent and reducing the contractor’s performance rating from acceptable to unsatisfactory.

For the above, Limpiolux S.A. is considered the only contractor capable of providing continuing janitorial services without a break in the service over this 1-year time period.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a FedBizOpps notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., blanket waiver provided in DOSAR 605.202-70).

While the U.S. Embassy Buenos Aires is not obtaining additional offers from other potential sources during this critical extension, our determination to issue a 1-year bridge contract to Limpiolux S.A. is based in recent Full and Open Competition, Limpiolux being the LPTA offeror.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Negotiations were conducted with this contractor to ensure the pricing for this 1-year contract are considered fair and reasonable to the Government. Current contract pricing and market prices in Buenos Aires were considered to establish targets for negotiation and to serve as a reasonableness benchmark.

A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

Market Survey was not conducted since cleaning services have been recently competed under Full and Open Competition. We base the current determination on such competition exercise.

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

None.

9. A listing of sources, if any that expressed, in writing, an interest in the acquisition.

- Limpiolux

10. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

U.S. Embassy Buenos Aires requires approximately eight (8) months to conduct Full and Open Competition in order to implement a new janitorial contract.

CERTIFICATIONS

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

Requirements Office

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Contracting Officer