A5.1_Waco_Lake_Park_Cleaning_JA.pdf

USACE

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

INTEREM PARK CLEANING CONTRACT WACO LAKE, TEXAS

1. The USACE-SWF Contracting Division located in Fort Worth, Texas 76102, proposes to enter into a contract on a basis of other than full and open competition in support of cleaning the Waco Lake Parks at the Waco Lake Project Office.

2. USACE intends to award one interim three (3) month contract to Walking Waters Corporation, 137 CR 1759A, Clifton, TX 76634. USACE is contemplating a firm fixed price (FFP) purchase order for a sole source action IAW FAR Part 6.

3. The requirement is to provide park cleaning and refuse service to Waco Lake Parks, Waco, Texas. Janitorial and Refuse requirement are estimated to cost $125,000 and is required to be delivered begin Service on 01-May-2018 and end Service on 31 July-2018 until new contract can be solicited and awarded. This will allow the Waco Lake Park operations to continue. Listed below is a brief synopsis of the unusual and compelling and urgent circumstances of this procurement:

The current contractor Genesis Janitorial Services, LLC has defaulted and is unable to perform the janitorial and refuse services in accordance with the terms and conditions outlined in contract number W9126G17D0044. On 13 April 2018, the contractor walked into the office and stated that he could no longer perform the services because all of his personnel quit. The Contracting Officer made several attempts to mitigate the contractor’s personnel concerns by offering the contractor reasonable solutions within the Contracting Officer’s authority, but the contractor still insists he is still unable to perform. Therefore, the Contracting Officer has no other choice than to terminate contract number W9126G17D0044 for cause IAW 52.212-2(m) and to seek interim services from Walking Waters Corporation.

Cleaning contractor duties were to:

Dump 44 three cubic yard dumpsters twice per week.

Clean 320 sites twice per week.

Clean 18 public restrooms four time per week.

Pick up trash from grounds twice per week.

Waco Lake Parks are fully operational and over 90 percent booked during the timeframe that would allow for USACE to properly procure a new contractor to perform the cleaning operations. USACE is in the process of procuring a new contractor, but based on contracting guidelines and timeframes, an interim contractor is necessary to ensure Health and Safety Requirements are met. USACE, Waco Lake does not have the staff or the equipment to maintain the campgrounds. Further, Micro purchase ability is too limited for the scope of services needed.

The only option would be to close all Recreational Facilities at Waco Lake until a new cleaning and refuse contractor could be sought.

The Dynamic Small Business Search and the System for Award Management was utilized and a number of firms were found but none with the capability to provide refuse services and the ability to mobilize a janitorial crew n such short notice. Due to the urgency of need, a synopsis for sources sought was not posted on the Federal Business Opportunities website.

However, the J&A will be posted to the Government Point of Entry IAW FAR 6.305(b).

4. The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2 entitled Unusual and Compelling Urgency. It has been determined the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for the short tenure of this interim contract.

5. Walking Waters Corporation specializes in service contracts in the Three Rivers Project Office Area. Walking Waters Corporation is uniquely qualified to provide these services to the U.S. Army Corps of Engineers based upon the capability of performing the required work. Walking Waters has the experience, equipment, and knowledge necessary to perform the services based on their cleaning contract at Hords’ Creek Lake. Additionally, Walking Waters has the capability to deploy their personnel in short notice to satisfy the lake’s janitorial and refuse requirements.

6. Posting exception exists IAW 5.202(a)(2). The availability of the justification shall be posted to the Government Point of Entry within 30 days IAW FAR 6.305(b).

7. Since the proposed acquisition is for commercial services, the contractor is exempt from having to provide cost and pricing data. The Contracting Officer determines that the anticipated price will be fair and reasonable based on the Independent Government Cost Estimate (IGCE) and a comparison of the proposed prices with prices found reasonable on previous purchases for similar commercial services, IAW FAR 13.106-3. Prior to award of the proposed contract, the Contracting Officer shall conduct a price analysis of the contractor’s quote versus prices paid in the past for similar services to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

8. Market research was conducted by using the Dynamic Small Business Search engine to identify available sources and to evaluate the availability of the marketplace to meet the requirements as follows:

Based on the results of market research, the government determined that a limited number of vendors were/are available but none possessed the capabilities to mobilize and provide services in a timely fashion for a short duration contract. Most companies would have to hire 12 persons for 3 months and pay upwards of $60k for new equipment to perform the services.

9 This contract is necessary to prevent closure of Waco Lake Parks during the peak recreational season. Walking Waters Corporation possesses the unique qualification/specialized equipment required to perform this requirement. An open competition to perform the work while a new contract is sought would cause intolerable delay to cleaning and refuse services, and pose as a risk to the public’s life, health and safety.

10 No sources indicated an interest as a result of the synopsis because of the exception that exists IAW 5.202(a)(2). See paragraph 6.

11 The Government will conduct thorough market research to gauge the marketplace capabilities for the full time requirements contract that will be put in place on August 1, 2018. The Government will seek competition of future acquisitions.

12. CERTIFICATON

Technical/Requirements Personnel I certify the requirement meets the Government’s minimum need and the facts, representation, and data included in this justification are complete and accurate

Heath McLane Date

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.

Amelia Bryant Date Contracting Officer