Description
This was an other than full and open sole source award. The OFOC justification is below 6.303-1 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH FAR 6.302-1 IDENTIFICATION AND DESCRIPTION OF ACTION BEING APPROVED Approval is requested to enter into a sole source contract to obtain Snow Removal Services at the Land Port of Entry, 934 International Bridge Plaza, Sault Sainte Marie, Michigan. The proposed action will be accomplished pursuant to FAR 6.302-1 because only one source and no other supplies or services will satisfy agency requirements. DESCRIPTION OF SERVICES REQUIRED The service required under this justification includes Snow Removal Services at the Land Port of Entry, Sault Sainte Marie, Michigan. This contract will serve as a follow-on contract to the current snow removal services that are currently being provided at the Land Port of Entry. The estimated value of this requirement is $50,349.36 for the first performance year, with four (4) anticipated one year options for a total estimated value of $267,311.5912 for the life of the contract. IDENTIFICATION OF STATUTORY AUTHORTIY Authority for this action is provided at 41 U.S.C. 253(c)(1), which states, “the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.” This procurement will be accomplished pursuant to FAR 6.302-1(a)(1), only one responsible source, due to the unique nature of the requirement. DEMONSTRATION THAT THE ACQUISITION REQUIRES USE OF AUTHORITY CITED The International Bridge Authority (IBA) is the sole owner and sole maintenance provider of the International Bridge that crosses the St. Mary’s River between Canada and the United States. The International Bridge Plaza, GSA Property, is located adjacent to the IBA property; essentially, the properties are co-located. The mission of the IBA is to keep the Bridge open and maintain a safe and secure environment. The mission of GSA and the Custom & Border Protection (CBP) is to provide a safe, high security area for travelers and maintain a safe area for staff to work. In addition, the GSA site is a Land Port of Entry that houses the CBP offices of Department of Homeland Security (DHS). The area that is being serviced is the traffic lanes of the Land Port of Entry. It is imperative to keep the lanes open and not inhibit the flow of traffic; thereby allowing CBP to do their jobs as quickly and efficiently as possible. A requirement of this contract is a response time of no longer than 15 minutes after notification. The IBA has the equipment on site to keep snow cleared from the lanes 24 hours a day, 7 days a week. IBA is staffed to respond to any snow plowing need any time of the day or night. IBA therefore has the ability to keep the traffic lanes at the Land Port of Entry clear of snow, and open for traffic, at all times. IBA also has the ability to pass through the toll lanes free of charge, which would cost an open market contractor $88.00 in tolls to clear all 5 lanes of the bridge just one time per crossing. The IBA also has the ability to plow through GSA property, to the end of their own property, at which point they turn around and plow in the opposite direction. There is no area to turn around and change directions anywhere on the GSA property; therefore, an open market contractor would have to clear the GSA property, drive all the way to the end of the IBA property and turn around at that point, which would take a substantial amount of unnecessary time that GSA would need to compensate the contractor for. This would create a problem for hauling plowed snow, which is a requirement of the contract. The IBA hauls snow from the Government property along with the snow cleared from IBA property. As there is no accessible area to deposit hauled snow on the Government property, an open market contractor would have a difficult time accomplishing this and it would therefore be more expensive for the Government. Utilization of the IBA would eliminate the aforementioned undue cost. The unique nature of the GSA owned traffic lanes at the Sault Sainte Marie Land Port of Entry require a sole source contract for snow removal in order to eliminate the unjustifiable costs that would be incurred as the result of a competed contract on the open market. The IBA is the only responsible source to satisfy the unique requirements of the contract at a fair and reasonable price to the Government. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS PRACTICABLE A competitively awarded contract is not feasible due to the unique nature of the toll road format, response time requirements, necessary equipment, and security requirements for the area the services will be used in. DEMONSTRATION THAT THE ANTICIPATED COST WILL BE FAIR AND REASONABLE GSA has prepared an Independent Government Cost Estimate to assist in the establishment of a fair and reasonable price. Award will be made by determining, on the basis of the Government Cost Estimate, that the price is fair and reasonable. Additionally, IBA will be required to submit other than cost and pricing data. This may also aid in making the determination that their price is fair and reasonable. DESCRIPTION OF THE MARKET SURVEY CONDUCTED A Dynamic Small Business Search was completed using NAICS 561730 in Michigan with the zip code that begins with 497, which is in the area of the service location. The search results are as follows: 8(a) - 0 Woman Owned – 1 Service Disabled Veteran – 1 Small Disadvantage Business – 0 Veteran – 2 After reviewing the results, none of the businesses displayed capabilities narratives for snow removal services. The search concluded that there are no readily available commercial snow removal services within the immediate geographical area of the Government’s need. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION Due to the unique nature of the requirement, no technical packages and specifications for full and open competition have been created. The on-site security regulations and the 15 minute response time required by GSA, as well as the urgent time restrictions for this acquisition, would create additional costs that the Government would not recover through competition, but more importantly the service must be provided in an efficient manner that will allow the CBP to continue operations of the U.S. border. LIST OF SOURCES THAT EXPRESSED INTEREST IN THE ACQUISITION Not applicable for this requirement STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION Due to the fact that the barrier for competition is the tight time restrictions and security regulations of the CBP at the U.S. border, any actions to overcome such barriers are not applicable to this acquisition. STATEMENT OF DELIVERY REQUIREMENTS The contract performance period for the base year is November 1, 2021 through October 31, 2022. There will be four (4) one-year option periods for the periods of November 1, 2022 through October 31, 2023; November 1, 2023 through October 31, 2024; November 1, 2024 through October 31, 2025; and November 1, 2025 through October 31, 2026.