SPECIAL NOTICE
Y -- JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION MODIFICATION TO EXTEND GENERAL CONSTRUCTION WITH DESIGN-BUILD REGIONAL IDIQ
- Notice Date
- 11/6/2020 2:05:18 PM
- Notice Type
- Justification
- Contracting Office
- PBS R7 FORT WORTH TX 76102 USA
- ZIP Code
- 76102
- Solicitation Number
- 47PH0821R0001
- Archive Date
- 12/06/2020
- Point of Contact
- Shemeka Johnson-Jenkins, Matt Deptuch
- E-Mail Address
-
shemeka.johnson-jenkins@gsa.gov, matthew.deptuch@gsa.gov
(shemeka.johnson-jenkins@gsa.gov, matthew.deptuch@gsa.gov)
- Award Number
- 47PH0821R0001
- Description
- JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION�IN ACCORDANCE WITH FAR 6.3 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 Building Services (PBS), Acquisition Management Division, Program Support Branch (7PQA), 819 Taylor Street, Rm 12B01, Fort Worth, TX 76102 ����� � � �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 extend the period of performance of existing multiple-award construction Indefinite Delivery Indefinite Quantity (IDIQ) contracts under the authority at FAR 6.302-2, Unusual and Compelling Urgency.� 3. Description of supplies or services required to meet the Agency�s needs:�The Program Support Branch provides procurement support to GSA Region 7 Acquisition Management Division (AMD) with a menu of services including construction, to a multitude of customer agencies, supporting their programs at the regional level.� AMD requires multiple-award construction IDIQs with the ability to immediately respond regionally in order to achieve their mission and support the operations of their customer agencies which include, but are not limited to, Customs and Border Protection, US Customs and Immigration Services and other Department of Homeland Security components, US Department of Justice, US Department of Veterans Affairs, and the US Food and Drug Administration.� On May 8, 2015 the Program Support Branch awarded multiple-award construction IDIQs to support AMD, nine small business contractors in total with a period of performance of one five year base ending May 7, 2020.� As [REDACTED]�previously requested not to extend, only eight contractors will be included in this extension. Additionally, on June 17, 2015 the Program Support Branch awarded multiple-award construction IDIQs to support AMD, seven large business contractors with a period of performance of one five year base ending June 16, 2020.� The acquisition team fully anticipated award prior to the expiration of the current contract, however, there have been delays due to unforeseeable circumstances.� The initial solicitation was issued on August 20, 2020 with a deadline for submitting proposals for September 21, 2020. New guidelines related to GSA proposal submissions were implemented during the new procurement. However, corrective actions had to be taken so the procurement is conducted fairly and in accordance with the applicable laws. Accordingly, an amendment was issued on October 5, 2020 with a new deadline for submitting proposals for November 6, 2020. The additional requirement�resulted in multiple unanticipated delays including amending the solicitation to allow contractors an additional 30 days to re-submit their proposals.�� The follow-on contract is on track to be awarded within the next few months but the procurement schedule has already been negatively affected.� FAR Clause 52.217-8, Option to Extend Services, was utilized to extend the IDIQs an additional six months resulting in a new completion date of November 7, 2020 for the small business contracts and December 16, 2020 for the large business contracts; however, due to the unexpected delays encountered, the new IDIQ contracts will not be awarded before the current contracts expire. Therefore, the current contracts need to be extended to ensure support continues and AMD can meet the mission of their clients.� In accordance with FAR 6.302-2(d) the total period of performance awarded under this authority will not exceed one year.� Each contract will be extended two months and include four one-month options to be exercised as needed to allow for the procurement of the new IDIQs.� The following eight small business contracts will be extended: GS-07P-15-HH-D-0038, Fortis Network GS-07P-15-HH-D-0039, JAMCO Ventures, LLC. GS-07P-15-HH-D-0040, Veliz Company, LLC. GS-07P-15-HH-D-0041, MILCON Construction, LLC. GS-07P-15-HH-D-0043, Weil Construction, Inc. GS-07P-15-HH-D-0045, Tikigaq Construction, LLC. GS-07P-15-HH-D-0046, Wright Brothers, LLC. GS-07P-15-HH-D-0047, Primestar Construction Corp. The following seven large business contracts will be extended: 1.�GS-07P-15-HH-D-7023, Catamount Construction, Inc. 2.�GS-07P-15-HH-D-7025, Centennial Contractors Enterprises, Inc. 3. GS-07P-15-HH-D-7026, Clark Construction Group, LLC. 4. GS-07P-15-HH-D-7027, Hensel Phelps Construction, Co. 5. GS-07P-15-HH-D-7028, Robins & Martin Group 6. GS-07P-15-HH-D-7029, Sauer Incorporated 7. GS-07P-15-HH-D-7096, The Ross Group The estimated value of this action is $0.� No additional money is required.� The maximum ordering limitation (MOL) on the current IDIQ contracts is sufficient and does not need to be increased to accommodate the task order work under this period of performance extension. 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. 3304(a)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency. 5. Rationale justifying use of the cited authority: GSA has been working on the procurement for new construction IDIQ contracts and fully anticipated award prior to the expiration of the current IDIQ contracts. However, due to unexpected delays encountered, the follow-on solicitation is still open and will not be awarded prior to the expiration of the current IDIQ contracts. The current small business IDIQ contracts expire on November 7, 2020 and the large business IDIQ contracts expire on December 16, 2020, therefore an extension of the current IDIQ contracts is required to support the timeframe needed to complete the follow-on IDIQ contracts. This extension is to ensure continued support to AMD remains through the contract award period for the follow-on construction IDIQs based on the normal procurement acquisition lead time. A lapse in contractual coverage will result in a significant cost impact to the Government as these construction IDIQ contracts provide an efficient and competitive procurement vehicle for AMD to achieve construction requirements.� Without this construction vehicle AMD would be left to procure each construction requirement through an alternate stand-alone contract method such as an unrestricted procurement that will most likely result in extended procurement time, cost, and risk on behalf of the Government.� This would jeopardize AMD�s mission to support the requirements of its customers. A lapse in coverage, even for a brief period of time, would result in the following negative impacts: a) Significant delays in construction requirement awards.� The PALT for a task order against an IDIQ contract is 45-60 days depending on the estimated value 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 increased cost to the government, administrative burden and further delay and jeopardize the mission of the customer agency.� Many of the upcoming projects are time-sensitive and delays in accomplishing the work will result in the customer agency not meeting mission objectives at the needed rate and cost.� b) The loss of competitive pricing resulting in the government paying more through alternative procurement methods.� If an IDIQ vehicle wasn�t available, the majority of AMD requirements would be issued through sole source contracts or unrestricted competition.� The sole source 8(a)/HUBZone construction contracts procured by AMD have been awarded ahead of the established PALT schedules.� While this alternative would help AMD expedite the award, AMD would have to forgo the benefits of competition and may not receive the best value available when a requirement is competed.� Lack of competition could result in AMD paying higher prices for the requirements and result in unnecessary additional costs to the government.� c) A loss of expertise of selected IDIQ contract holders.� AMD construction projects are located at potentially complex work sites, such as operational land ports of entry.� Many sites are remote and require being operational during construction.� The current IDIQ contractors were evaluated and awarded IDIQ contracts on a best-value basis with technical factors being significantly more important than price.� Significant consideration was given to the offerors� past experience at complex sites such as operational land ports of entry.� If various contractors are awarded individual construction projects at these complex sites a higher risk of performance would exist.� This would require AMD program staff to spend more time monitoring construction work resulting in costs for additional hours spent overseeing the construction project and require surplus travel.� More contractor-initiated modifications are also more likely as a result of new contractors being unaware of the usual issues that arise at typical AMD work sites.� Modifications after award place the government at risk for additional costs and delays to the construction schedule.� d) Delays in starting construction work as a result of delays in obtaining security clearances.� Current IDIQ contractors already have many of the required clearances for the types of projects AMD executes which allows for construction work to start immediately after award.� If new contractors are required for each project, the security clearance process would result in significant delays. 6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable:�The extension would be issued to only the current contractors who hold an IDIQ contract.� The follow-on contract has been posted on beta.SAM.gov to allow the maximum number of offerors. 7. Determination by the Contracting Officer that the anticipated cost will be fair and reasonable:�The extensions will come at no additional cost to the government.� 8. Description of market research:�Market research was not required to find the current sources, but market research was utilized to ensure that as many contractors, given consideration to small business, will have an opportunity to compete on the follow-on IDIQ contracts. 9. Any other facts supporting the use of other than full and open competition:�The extension of the current IDIQs is in the best interest of the government.� The lapse in this IDIQ vehicle to execute construction requirements will significantly injure the government financially.� It will also jeopardize the mission of AMD and the customer agencies it serves. 10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:�None. 11. Statement of the actions, if any, the Agency may take to remove or overcome any barriers to competition before any subsequent acquisition for required supplies of services:�The omission of a revised electronic proposal submission requirement resulted in unanticipated delays during the follow-on procurement; with this requirement it is anticipated that the next procurement of the IDIQs will be able to follow a regular procurement timeline.
- Web Link
-
SAM.gov Permalink
(https://beta.sam.gov/opp/39668f337bdf46cbb0d99671e6c30a39/view)
- Record
- SN05848096-F 20201108/201106230143 (samdaily.us)
- Source
-
SAM.gov Link to This Notice
(may not be valid after Archive Date)
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