JOFOC-NSC_Facilities_Maintenance.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETIT ION (JOFOC)

1. IDENTIFICATION OF AGENCY AND CONTRACTING OFFICE

Agency: Social Security Administration

Contracting Office: Office of the Deputy Commissioner for Budget, Finance, Quality, and Management Office of Acquisition and Grants

Contract Specialist: Nicole Taylor

(410) 965-8668

Contracting Officer: Derek Easter

(410) 965-8083

Program Office: Office of Facilities and Supply Management Office of Buildings Management

Contracting Officer’s Technical Representative: Jeff Maciejewski

(410) 966-1469

Title: National Support Center (NSC) Facilities Maintenance

Proposed Contractor: Hensel Phelps Construction Company (HPCC)

2. NATURE AND DESCRIPTION OF ACTION

We seek approval of a JOFOC for a sole source contract for support in transitioning from construction to operations and maintenance at the NSC in Urbana, Maryland. To ensure a seamless transition and mitigate potential risks to facility operations, we seek a contract with HPCC with a one-year base period, from July 1, 2014 through June 30, 2015. The contract will contain firm-fixed-price line items for monthly services. The solicitation will also include provisions to extend the term of the contract for an additional year. HPCC is the builder contracted by the General Services Administration (GSA) to build the NSC facility.

3. DESCRIPTION OF SUPPLIES OR SERVICES AND ESTIMATED VALUE

This contract will ensure a qualified contractor will provide services related to the facilities maintenance functions of the day-to-day operation and maintenance of the NSC, located at 8999 Bennett Creek Boulevard, Frederick, Maryland 21704. The facility encompasses a two-floor office building totaling approximately 300,000 square feet of office and data center space. There are approximately 100 employees in the building. We require the following services under the contract: operation of all air-conditioning and heating equipment, building computer systems (such as fire, lights, heating, ventilation, and air conditioning), daily operational tours, service calls, preventive maintenance, and repairs associated with the mechanical operation of the facility, including warranty and facility stabilization support services.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

41 U.S.C. § 3304(a)(1) and Federal Acquisition Regulation (FAR) 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements.

5. CONTRACTOR’S UNIQUE QUALIFICATIONS

HPCC is the design build contractor for the NSC, under a contract awarded by GSA in January 2012. HPCC’s contract with GSA will end in July 2014, at which time control of the building will transfer from GSA to us. While transitioning from the construction phase to stabilized operations and maintenance of the NSC, we will continue to need contractor support, including warranty and facility stabilization support services. HPCC has provided this support to us via its contract with GSA for the past two years.

As the design and build contractor, HPCC has inherent knowledge of the building systems and specialized equipment within the NSC. This knowledge is vital to ensure a seamless transition to stabilized operations and maintenance, as well as minimizing potential risks to the mission critical operations of the data center.

HPCC is responsible for the one-year building and equipment warranties that apply to the NSC facility during the first year of operations, as stipulated in its contract with GSA. In addition, we license the live Building Information Modeling and Computerized Maintenance Management System (CMMS) through HPCC. HPCC is the only contractor with the knowledge and authority to update these systems, which is critical to the daily operation of the data center. Finally, HPCC is the only contractor in possession of building design documents, which are necessary to understand and operate the building, as well as create building operating procedures. To create the operating procedures, HPCC must continue to provide transition support services, which will include increases to the building load during migration. After assessing the impact of the increases,, the designer of the building (HPCC), will adjust the operating procedures that the agency will later use to transition these services to another operations and maintenance contractor via a competitive procurement. We have scheduled data migration for completion in August 2016, which is the basis for seeking the one-year option period, in addition to the contract’s base period of performance for one year.

Handing off these plans and systems to a new contractor during the transition period into occupancy, could jeopardize the success of the transition period. The time it would take a new contractor to become familiar with the building design and existing procedures would result in substantial duplication of effort and procurement costs, as well as cause unacceptable delays in fulfilling the agency’s requirements. Utilization of the design-builder

HPCC, which already has inherent knowledge of the systems, will decrease the risk to the mission-critical operations of the data center. Currently, only HPCC can provide the required services with the necessary technical knowledge and experience without a break in service.

6. EFFORTS TO SOLICIT OFFERS FROM OTHER POTENTIAL S OURCES

HPCC is the only source that possesses the unique knowledge to provide transition support services through building stabilization for the NSC. Award to any other source would likely result in a substantial duplication of costs and unacceptable risks to us.

We will synopsize this JOFOC on the Federal Business Opportunity (FedBizOpps) website in accordance with FAR 6.305. We anticipate funding the resultant contract with American Recovery and Reinvestment Act funding. Therefore, in accordance with FAR 5.704 and FAR 5.705, we will publicize a preaward notice to the FedBizOpps website.

7. DETERMINATION THAT THE COST WILL BE FAIR AND REA SONABLE

We anticipate the cost to the Government will be fair and reasonable. The contracting officer will perform a price analysis to determine the price fair and reasonable prior to awarding the contract.

8. MARKET RESEARCH

OAG posted a sources sought notice on the FedBizOpps website on October 21, 2013 and we received 14 responses. During the review of the responses, we determined that it is in our best interest to sole source the requirement, due to the unique qualifications of HPCC as described in Section 5. However, based on the responses received, we intend to complete the requirement following the transition and stabilization of the building.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

� Awarding to HPCC allows for single source accountability for operations, maintenance, and warranty management, with integrated access to the design team and construction contractors. This will minimize false warranty claims, as well as reduce costs to settle disputes and repair equipment.

� HPCC has inherent knowledge to operate complex mechanical and electrical systems during the startup period, which poses the highest risk of discovering problems and issues that could affect the mission-critical operations of the data center.

� HPCC has inherent knowledge of facility design to adapt to low load periods during early information technology migration. The facility is designed to operate at >1.5 megawatts. During initial phases of occupancy, systems may not behave as designed requiring temporary modifications to operate in a reliable and efficient manner. Utilizing the design-builder with inherent knowledge of the systems will decrease the risk to the mission-critical operations of the data center. Only HPCC will have the knowledge and ability to perform this task on day one, if needed.

� HPCC has inherent knowledge of the operations and maintenance turnover documents from the construction contract, as well as the development of a comprehensive facility operations and maintenance plan, and CMMS systems, which HPCC is providing as part of the design-build contract. Handing off these plans and systems during the transition period into occupancy would create a significant risk if performed by a third party who would require training.

� HPCC has the inherent knowledge gained by participating in the commissioning period, which includes integrated systems testing as part of the HPCC design-build contract.

HPCC would be onsite to work out any problems in the multiple building automation systems as the building loads change and is the only vendor with the ability to make changes on day one of the transition.

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION

See Section 8 above.

11. ACTION TAKEN TO REMOVE COMPETITIVE BARRIERS

The agency intends to competitively acquire operations and maintenance services at this location. We are beginning the competitive procurement process now and intend to award a contract as soon as possible to begin transition to the successful contractor.

RECOMMENDATION OF THE CONTRACTING OFFICER’S TECHNIC AL

REPRESENTATIVE AND CONCURRENCE OF THE PROGRAM OFFIC IALS

The Contracting Officer’s Technical Representative and other Program Officials hereby certify that the information provided in support of justification for other than full and open competition is accurate and complete.

Recommend: ___________________________________ ___________ Jeffrey Maciejewski Date Contracting Officer’s Technical Representative Division of Data Center Facility Operations (DDCFO) Office of Facilities and Supply Management (OFSM)

Concur: _______________________________________ ___________ Tim Smith, Director, DDCFO, OFSM Date

Concur: _______________________________________ ___________ Jeremiah Schofield, Director, OBM, OFSM Date

Concur: ______________________________________ ___________ Samara Richardson, Date Acting Deputy Associate Commissioner, OFSM

Concur: ______________________________________ ___________ Chris Molander, Date Acting Associate Commissioner, OFSM

CONTRACTING OFFICER’S AND OTHER CONTRACTING OFFICIA LS’ CERTIFICATION

The Contracting Officer and other contracting officials hereby certify that the information provided in support of this justification for other than full and open competition is accurate and complete to the best of their knowledge and belief.

Recommend: ________________________________ ____________ Nicole Taylor, Contract Specialist Date Division of Facilities Contracts (DFC) Office of Operations Contracts (OOC) Office of Acquisition and Grants (OAG)

Concur: ____________________________________ ____________ Derek Easter, Contracting Officer Date

DFC, OOC, OAG

Concur : ___________________________________ ____________ John Andrews, Division Director Date

DFC, OOC, OAG

Concur: ___________________________________ ____________ Don Wadhams, Office Director Date

OOC, OAG

Concur: __________________________________ ____________ Cathy Bella Date

Deputy Associate Commissioner, OAG

Concur: ___________________________________ ____________ Seth Binstock Date

Associate Commissioner, OAG

Approve: /s/ M. Elizabeth Reich_________________ 4-9-14__________ M. Elizabeth Reich Date Competition Advocate