SOLICITATION NOTICE
S -- Building Operations, Maintenance and Repair Service
- Notice Date
- 7/8/2013
- Notice Type
- Fair Opportunity / Limited Sources Justification
- NAICS
- 561210
— Facilities Support Services
- Contracting Office
- General Services Administration, Public Buildings Service (PBS), PBS, Land Ports of Entry - Special Programs Division, Denver Federal Center, 1 Denver Federal Center, Bldg 41, room 111, Lakewood, Colorado, 80225-0564, United States
- ZIP Code
- 80225-0564
- Archive Date
- 8/23/2013
- Point of Contact
- Jean F Schilling, Phone: 3032361779
- E-Mail Address
-
jean.schilling@gsa.gov
(jean.schilling@gsa.gov)
- Small Business Set-Aside
- N/A
- Award Number
- GS21F0069W
- Award Date
- 8/3/2013
- Description
- LIMITED SOURCES JUSTIFICATION FAR 8.406-6 •1. Identification of the agency and the contracting activity, and specific identification of the document as a "Limited Source Justification", U.S. General Services Administration, GSA Public Buildings Service, Office of Design and Construction Programs, Special Programs Division. •2. Nature and/or description of the action being approved. In accordance with FAR 8.405-6, Limited Source Justification and Approval, this action proposes to award a modification for continuation of Operation and Maintenance (O&M) services as described below, to AMEC Environment and Infrastructure on a limited sources basis under Federal Supply Schedule Contract Number SG-21F-0069W, Task Order NumberGS-00P11-CY-D-0070. •3. A description of the supplies or services required to meet the agency's needs (include the estimated value). The existing contract with AMEC consists of building operations, maintenance and repair services for CBP-owned land ports of entry and infrastructure. Services include scheduled maintenance and repairs to mechanical, electrical and other equipment; snow removal; grounds maintenance; and janitorial services. The project includes an electronic management system that issues notifications for regular maintenance and a tracking system to suspense and track to make sure maintenance occurs as required. It also includes a call center to handle emergency repairs and other unscheduled repairs, logging, suspending and tracking the issues through to completion. In addition providing custodial, grounds, trash and snow removal services, as well as routine operations maintenance services on a quarterly inspection basis and quarterly generator inspection services for all forty-one(41) CBP owned LPOEs, 2 CBP owned structures, and three (3) Port Runner Suppression Systems (PRSS) presently receiving services under the existing task order. The services also provide all schedulers, administrative office support staff, and technicians, where and as needed for support of the existing ports. This action would modify the existing order to extend it for an additional 6 (six) months from August 3, 2013 through February 3, 2014 •4. Identification of the justification rationale (see FAR 8.405-6 (a) and (b) and if applicable, a demonstration of the proposed contractor's unique qualifications to provide the required supply or service. FAR 8.405-6(b) (1) states "Only one source is capable of responding due to the unique nature or specialized nature of the work". AMEC was awarded a task order by GSA on August 3, 2011 and is currently providing building operations, maintenance, and repair services to CBP-owned land ports of entry and infrastructure through the GSA Special Programs Division (SPD). GSA is managing the program for the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP). CBP's LPOEs play a major role in protecting the country's borders against terrorists; enforcing drug, immigration, weapons, and other laws; stopping the flow of illegal immigration, weapons, drugs, cash, trafficking in people, preventing the spread of agricultural pests, and other contraband items; and facilitating trade and travel between the US and Canada and Mexico. The comprehensive building operations and maintenance program for CBP-owned land ports of entry and infrastructure sustains a portfolio of facilities that was modernized in over the last four years. As part of the American Recovery and Reinvestment Act, the Land Port of Entry (LPOE) Modernization Program invested $420 Million in modernizing the CBP-owned portfolio of facilities. The purpose of the building operations, maintenance, and repair services provided in this contract is to sustain the buildings, land and structures at these facilities in support of CBP's mission. The facilities include forty-one (41) CBP owned LPOEs, 2 CBP owned structures, and three (3) Port Runner Suppression Systems (PRSS) managed by the Seattle, Boston, Buffalo, El Paso, Laredo, and San Francisco Field Offices Services required to sustain the LPOE facilities include custodial services, grounds services, pest control, waste management, facilities operations and maintenance, and maintenance management for all LPOEs. It is the intent of this sole source to allow the Government to continue to provide the management approach and infrastructure for all aspects of the operations, maintenance, facility engineering and specified support services now under GSA Contract GS-00P-11-CY-D-0070 as the only viable turnkey vehicle uniquely in place to preserve the initial capital investment outlay and prevent catastrophic disruption of vital services during the period prior to CBP executing their own MRO Plan and award of all CBP MRO contracts now in progress. Approval of this limited sources justification will enable the most cost effective continuity of services and offer CBP the opportunity to complete competitive, multi-year acquisitions. The AMEC contract was originally structured as a one-year contract with four one year options. The contract was awarded on August 3, 2011 with a base year period of performance expiring on August 2, 2012. In May 2012, CBP determined that insufficient funds were available to fund a full option year of services and subsequently GSA exercised a six month option under the Option to Extend Services clause, FAR 52.217-8. This extended the contract period of performance to February 3, 2013. As noted in the attached Limited Sources Justification approved by the GSA Competition Advocate on January 25, 2013, an additional six month extension was required to provide CBP adequate time to execute a new multi-year Maintenance, Repairs, & Operations (MRO) Acquisition Plan and contract. This extended the contract period of performance to August 3, 2013. The GSA Contracting Officer and Contracting Officer's Representative monitored the progress of CBPs acquisition efforts during the six month extension through emails, phone calls and meetings to encourage timely completion of the new contracts. Although CBP continued work on putting replacement contracts in place, the aggressive acquisition schedule slipped beyond the point of enabling award and transition in a timely manner. The slippage was caused by the impacts of sequestration and limited procurement resources available to support the acquisition of new Regional MRO Services. CBP acquisition staff continues to work toward timely award of the replacement contracts. A six (6) month extension to the existing GSA contract to February 3, 2014 is required to provide adequate time for the execution of contract awards and associated activities, while maintaining a seamless transition and the same level of services throughout all of these CBP owned ports. The consequences of not pursuing this justification are not in the best interest of the government. If an acquisition solution could not be found, there would be a break in service at the land ports of entry that would threaten the very operation of the facilities. The inability to provide timely and effective maintenance and repair would likely result in facility closings, impacting both border security and facilitation of legitimate trade and travel. The safety of the CBP Officers working at the facilities would be at risk if critical infrastructure failed and could not be addressed quickly. Further complicating the situation, if the timing of the potential gap in services during the winter months on the northern border. These remote facilities operate with little margin for error, and even a short break in services would likely result in equipment or infrastructure failures that would be a costly loss in the recent capital investment. In summary, it is imperative there is no gap in service which would have the probability of shutting down the port operations due to storm event or system failures. These facilities are part of the larger national security system and gaps in operation are not acceptable. In addition, there is a higher risk for gaps and loss in services and the potential for catastrophic impact to the overall operations and sustainability of the LPOEs. Contracting with a new service provider at this critical juncture would adversely impact DHS/CBP's ability to accomplish their mission. To ensure there is a "seamless transition" the CBP acquisition plan is to have solicitations out on the street and new regional contracts in place and operational prior to by February 4, 2014 to avert further need for additional contract extensions and probable disruption of vital services. 5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d). Under the current situation, extending the existing contract is the best value to the government in face of the magnitude and scale of the services now under contract. All services currently offered under this Federal Supply Schedule (FSS) task order contract are priced at firm-fixed monthly rate for the routine O&M, custodial, trash, grounds and snow removal services. These monthly rates were obtained under full and open competition, soliciting 126 sources off FSS and were negotiated as fair and reasonable at the time of initial award on August 3, 2011. Although GSA had already negotiated fair and reasonable labor rates, OH and fee, on Schedule, a full price/cost analysis was conducted on each proposal separately to verify the overhead (OH) and fee rates were consistent with the Schedule rates and comparable to specific requirement and the size of the contact. Historical cost and price information obtained on individual O&M contracts maintained by GSA were used in the analysis. The analysis showed there was little or no price difference between small individual GSA O&M port contracts versus the monthly rates on a large national contract. AMEC's overhead and fee (profit) were fixed for the five year duration period (one year contract plus four one year options) of the contract. A separate portion of the contract allowed for unique situations subject to fixed labor rates that were consistent with the GSA Schedule negotiated labor rates. AMEC is periodically audited for compliance with the fixed Schedule rates. By placing an order against a schedule contract using the procedures in 8.405 the ordering activity concluded that the order represents the best value (as defined in FAR 2.101) and resulted in the lowest overall cost alternatives (not taken into consideration price, special features, administrative fees, GSA charges to another Agency). 6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted. No market research was conducted for this extension as transition and start-up times preclude any other contractor from being capable of performing. Market research was performed by CBP for the follow-on contract. •7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made. The major barrier that restricts consideration is the capital outlay a small business would need to service more than a few ports at a time. The agency has taken steps to remove this barrier by soliciting multiple contracts to small business based on geographic coverage and having enough in house contracting staff and project managers to oversee and administer multiple primary contracts. By taking this action, CBP will have the opportunity to complete competitively awarded, multi-year contracts for these services, and have adequate time to transition between vendors to avoid a break in service and risk to operations and national secu
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