SPECIAL NOTICE
Z -- JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION TO INCREASE THE CONTRACT VALUE OF FLORIDA GENERAL CONSTRUCTION IDIQ CONTRACTS
- Notice Date
- 6/1/2023 11:18:40 AM
- Notice Type
- Justification
- NAICS
- 236220
— Commercial and Institutional Building Construction
- Contracting Office
- PBS R4 ACQUISITION MGMT DIVISION ATLANTA GA 30303 USA
- ZIP Code
- 30303
- Solicitation Number
- 47PE0421D0005_PS0008
- Archive Date
- 06/14/2023
- Point of Contact
- Michelle D Mayfield, Phone: (404) 561-3631, Elizabeth Moten, Phone: (813) 215-8501
- E-Mail Address
-
michelled.mayfield@gsa.gov, elizabeth.moten@gsa.gov
(michelled.mayfield@gsa.gov, elizabeth.moten@gsa.gov)
- Award Number
- 47PE0421D0005
- Award Date
- 04/28/2023
- Description
- JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION IN ACCORDANCE WITH FAR 6.3 1.��Identification of the Contracting Activity and specific identification of this document as a �Justification for other than full and open competition�: The contracting activity is the General Services Administration (GSA), Public Buildings Service (PBS), Acquisition Management Division, Program Support Branch (4P1QF),�77 Forsyth�Street, Atlanta, GA 30303� This document serves as the Justification for Other than Full and Open Competition. 2.��Nature and/or description of action being approved: This is a justification for other than full and open competition to increase the Maximum Order Limitation (MOL) to the existing Florida General Construction�Indefinite DeliveryIndefinite Quantity (IDIQ) contracts in the Florida Zone�under the authority of FAR 6.302-2, Unusual and Compelling Urgency. 3.��Description of supplies or services required to meet the Agency�s needs: The Strategic Support Branch provides procurement support to the GSA PBS, Region 4 Acquisition�Management Division (AMD) with supplemental construction services. AMD requires General�Construction IDIQs in various zones within Region 4 to support shorter acquisition procurement�cycles and to facilitate GSA�s mission in supporting federal agencies including, but not limited to�Customs and Border Protection, U.S. Customs and Immigration Services and other Department of�Homeland Security components, U.S. Justice Department, Department of Veterans Affairs, and the�U.S. District Courts. The action authorized by this Class JOFOC is to increase the Florida zone General Construction IDIQ�MOL by $10M from $10M to a total MOL of $20M per IDIQ contract, in accordance with FAR 6.302-2.��While the MOL is being increased, the overall period of performance is not extended beyond the original�expiration date of June 2028. During this period, the Florida General Construction IDIQ MOL increase�will meet the minimum needs of the Government pending the procurement of the follow-on contract by�avoiding any interruption of service. PBS Region 4 uses the existing contract to fulfill requirements significantly faster than through any other�solution. Through this vehicle, GSA completes mission essential work to maintain and repair federally�owned buildings and leased space, respond to national emergencies, and provide critical support to help�agencies meet their mission. GSA considered the actual ordering history of the Florida General�Construction IDIQ to date and the minimal time necessary to procure a follow-on contract when it calculated the amount of MOL increase required. By increasing the MOL by $10M with this JOFOC, the�Florida General Construction IDIQ will remain available and fully functional to meet the minimum but�critical needs of the Federal Government while GSA continues to move forward with the planning,�development, and procurement of a follow-on contract. The Florida Zone General Construction IDIQ contract MOL is required to be increased by $10M�from $10M to $20M pending the procurement of a follow-on contract vehicle. This increase is the�minimum amount necessary to assure that the zonal General Construction services will be available�to meet the continuing needs of the Government. The requirement is to continue to provide access to�the existing General Construction IDIQ and its contractor base by increasing the contract MOL�which will facilitate access to General Construction services required for the Federal Government to�meet ongoing and upcoming urgent requirements. 4.��Statutory authority permitting other than full and open competition: The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(2),�Unusual and Compelling Urgency. Pursuant to FAR 6.305(b), a synopsis will be posted within 30�days after contract action. 5.� Rationale justifying use of the cited authority: Consistent with FAR 6.302-2, an award of this contract action to any other source would result in�unacceptable delays. Based on the current situation, the following options were considered: a) Award an open market acquisition to a (potentially) different General Construction Firm (Sam.gov).� In accordance with 6.302-2 (b)(1) & (2), full and open competition would not represent the best value�to the government.��Awarding an open market acquisition would result in significant delays in designing project�requirements, which will ultimately delay construction downstream. If the requirements are awarded to�contractors other than the existing IDIQ contractors, the new General Construction firms would need to�acclimate to the project requirements, which would negatively impact both schedule and costs. The�PALT for a task order against an IDIQ contract is 45-60 days depending on the estimated value of the�requirement, whereas the PALT for an unrestricted contract is either 180 or 250 days depending on the�estimated value. The additional procurement time would result in an increased cost to the government�and administrative burden. b) Award requirements of the FL zone to incumbent General Construction IDIQ contractors from�another zone.� This option still presents the risk of significant delays in awarding project requirements. An increase in�cost is certain when a requirement is being performed outside of a contractor�s primary zone. Even in�the case of an award being made to a Region 4 General Construction IDIQ contractor from a different�zone, effort and mobilization costs would be significantly impacted. c) Award requirements on a Sole-Source or 8(a) bases.�� Like the other options considered, the time to procure a sole -source or 8(a) requirement is longer than�the time to issue a task order against an existing award. Additionally, this option restricts competition�and is not an ideal option as a primary source for fulfilling agency requirements. d) Utilize GSA National vehicles. There is a GSA National General Construction IDIQ awarded by R7. The R7 Large Construction�Indefinite Delivery Indefinite Quantity (IDIQ) contracts were awarded primarily to serve the�customers of GSA PBS Region 7. Although the R7 IDIQs are capable of serving other GSA�regions, the discretion to allow usage to the regions is left solely to Region 7 Acquisition�Management Division (R7 AMD). Any request to utilize the R7 IDIQs for a proposed project�must be reviewed on a case-by-case basis; R7 AMD will take into consideration available MOL�as well as current and future Region 7 work. Only after R7 AMD determines that the proposed project will not impact the mission of the customers of Region 7 will the IDIQs be allowed to be�utilized by other Regions. Because of this, Regions 7 strongly recommends that GSA regions�should not depend on the Region 7 IDIQs as a primary contract vehicle for proposed regional�projects. Based on the above considerations, there are no other contract vehicles that could be used to meet the�immediate, ongoing and future requirements for the required services. The existing IDIQ holders are�uniquely qualified and capable of performing the ongoing and future requirements as they have experience�performing the design work to renovate the zonal buildings and possess proprietary and expert knowledge�of ongoing projects. In addition, an unusual and compelling urgency precludes full and open competition.��Soliciting requirements using any alternative to the existing Florida General Construction IDIQs would cause certain delays that would result in further deterioration of federally owned buildings in this zone,�and other serious injury including but not limited to duplicative costs, additional administrative costs as�well as additional design and repair costs. In extreme cases of disrepair, the potential for personnel injuries�or loss of life are possible. The Government acknowledges that the existing CG IDIQ contractors have proprietary and expert�knowledge of the preliminary construction elements of ongoing projects. Pursuit of stand-alone contracts�as an alternative for requirements in this zone will result in a year or more delay to being able to start�construction requirements which will significantly delay project completion. The current General Construction MOL is not sufficient to meet the government�s current and anticipated�needs for construction services for the remaining period of performance of the existing IDIQ contract. To�decrease the Government�s negative impacts to both schedule and cost of General Construction services�projects within the Florida zone, it is prudent to increase the MOL for the existing General Construction�IDIQ contractors. 6.��Description of efforts made to ensure that offers are solicited from as many potential sources as practicable including whether a notice was or will be publicized as required by Subpart�5.2 and, if not, which exception under 5.202 applies: A notice will not be publicized pursuant to FAR 5.202(a)(14).� The Florida zone General Construction IDIQ was awarded through full and open competition (FAR�6.1) utilizing source selection procedures (IAW FAR 15.3), publicized to the general public (FAR�5.102) as an unrestricted contract for all vendors (e.g., small business and other than small�businesses) to submit a proposal. The overall contract period of performance will not be extended by virtue of this MOL increase. 7.��Determination by the Contracting Officer that the anticipated cost will be fair and reasonable: The pre-negotiated rates were determined to be fair and reasonable at the time of award for the base�contract and are not subject to change due to the increased contract maximum order limitation. 8.��Description of market research conducted (see part 10) and the results or a statement of�the reason market research was not conducted.: Based upon prior awarded task orders, market research was not conducted for this request to increase�the maximum order limitation. GSA is familiar with the quality of the FL General Construction�IDIQ contractors� work. 9.��Any other facts supporting the use of other than full and open competition (see FAR�6.303-2(b)(9) for examples; however this list is not inclusive).: Not having the FL General Construction IDIQ as a viable contract vehicle option will have a�detrimental effect on our support to both current and future Federal customers. Current and�potential Federal customers rely on the FL General Construction IDIQ as part of their acquisition�strategy to acquire General Construction services support for their missions, which will be placed�in the difficult situation of trying to quickly find alternative contract options. Failure to provide a�MOL increase will have a profound impact on solutions for customer agencies and business for�our IDIQ contractors. Increasing the MOL for an MA-IDIQ allows for the continuation of the contract within the�specified period of performance, with the intent to avoid a disruption in service and efficiently�transition customers from the existing IDIQ to the follow-on procurement. Additional contract capacity will sustain strategic and tactical acquisition planning and allow for�continuous solutions to be available for GSA�s Federal customers. Increasing the MOL is not a firm obligation or expenditure of appropriated funds as is the case�when Federal Agencies issue task orders. As such, the FL General Construction IDIQ is only�responsible for ensuring the minimum guarantee (i.e., $1,500) as delineated in the base contract. The FL General Construction IDIQ contract is a critical contract relied upon by GSA and GSA�s�Federal customers throughout the state of Florida. A disruption in General Construction services�would significantly impact the Government�s ability to respond to national emergencies and�secure critical infrastructure, which would result in serious injury, financial, or other. 10.��A listing of sources, if any, that expressed, in writing, an interest in the acquisition: N/A. The MOL increase action is to support the existing IDIQ as well as to ensure there is an�adequate amount of time for performance for an uninterrupted transition to a follow-on contract once�awarded. Based on historical interest in this requirement, we expect there will be a large interest�from industry to compete for a follow-on General Construction services IDIQ contract for the Florida zone. 11.� A statement of actions, if any, that agency may take to remove or overcome any barriers to�competition before any subsequent acquisition for the supplies or services required: The Florida General Construction IDIQ is a performance-based contract at the base contract level,�which promotes competition and contractor engagement through the issuance of task orderrequirements to be awarded against the base. GSA is moving forward to define the requirements and procure a follow-on contract using fair and�open competition. The Maximum Order Limitation increase is merely a stop gap measure to provide�GSA the necessary minimal time to procure a follow-on contract.
- Web Link
-
SAM.gov Permalink
(https://sam.gov/opp/4fb09ee0120045b29591d595bf6f3ad4/view)
- Place of Performance
- Address: USA
- Country: USA
- Country: USA
- Record
- SN06700755-F 20230603/230601230109 (samdaily.us)
- Source
-
SAM.gov Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's SAM Daily Index Page |