04-Justification and Approval_AV Bryan Courthouse_executed 2022 03 15_Redacted.pdf

Justification for Other than Full and Open Competition AV Bryan Courthouse Garage Repairs

Alexandria, VA

1. Identification of the agency and the contracting activity:

General Services Administration, Public Building Services Region 3, Philadelphia, PA

2. Nature and/or description of the action being approved:

A single standalone Firm Fixed Price (FFP) contract.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value):

The A.V Bryan US Courthouse in Alexandria, VA includes a 2 Story 500-car parking garage within the superstructure. The parking garage needs major repairs or total replacement. However, there are a few areas that need immediate repair where spalling and cracked concrete are falling which may cause property damage and/or bodily harm to the employees and visitors of the active courthouse. This hazardous condition has put the government at risk of liability for any damages that may occur on the property before the repairs are remedied.

GSA acquired engineering services to identify the most critical areas needing immediate repair and provide a solution to fix the identified areas. The repairs required include Topside Partial Depth Patch Repairs, Overhead Partial Depth Concrete Patch Repairs, and Full Depth Concrete Patch Repairs. The contractor shall also protect and/or replace utilities that are within the identified areas.

Without the repairs being complete as soon as possible they will only worsen and create a bigger risk to the property and visitors of the courthouse.

To meet its needs GSA PBS solicited and awarded a standalone contract to Restoration East, LLC (small business) to complete the required work.

The award amount is $781,656.56.

4. Identification of the statutory authority permitting other than full and open competition:

41 U.S.C. 253(c)(2) as implemented by FAR 6.302-2. Unusual and compelling urgency.

5. Demonstration that the proposed contractor’s unique qualifications or nature of the acquisition requires use of the authority cited:

The AV Bryan Courthouse is active and has daily staff and visitors that could be harmed or adversely impacted if the repairs are not completed timely. The areas identified as requiring repair require immediate attention to limit the exposure for any harm to property or persons that use the garage daily. Until the repairs are made the GSA may be liable for any damages or injuries that occur on the premises, therefore, until these repairs are remedied the GSA has unquantifiable amount of liability.

Restoration East, LLC (RE) of Rosedale, Maryland specializes in structural concrete repairs with a focus on commercial parking structures and plazas in the Baltimore and Washington DC area, including Alexandria, VA. RE can self-perform all the concrete repair work plus owns the equipment required to complete the contract. This will save time in contract administration as only a small part of the work requires to be subcontracted to other sources. RE is available to start work immediately and can mobilize to the site within weeks of contract award. RE has performed similar work for the GSA Region 3 in this area previously and performed exceptionally well per their CPARs evaluation. They were able to finish their previous project ahead of schedule, with high quality ratings and under budget. Considering their capabilities and their past performance there is minimal risk that RE will be able to perform the contracted work to the standards required by the design. RE has the capability to complete the work timely thus limiting the prolonged risk to the government. The sooner the repairs are remedied the sooner the government will be out of its unknow liability risk.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable:

Considering the urgent matter of the repairs the time required to perform market research IAW FAR 10.001 through a Sources Sought IAW FAR 10.001(a)(2) was not in the best interest of the government. However, GSA did consider sources currently holding general construction Indefinite Delivery Indefinite Quantity (IDIQ) contracts and contractors who previously performed similar work in the geographic region.

When GSA evaluated its current IDIQ contractors it revealed no contractor has extensive concrete repair experience where they have self-performed a majority of the work. A general contractor typically comes with a 15-25% markup (oversight, coordination, overhead, profit, bonds and insurance) on all subcontractor work which is not in the best interest of the government to obtain a fair and reasonable price when there is a limited competition.

GSA looked at its previous contract history and 1 project in the geographical area was found that was similar in nature to the work being required by this action.

The procurement was competed through full and open competition and 2 offers were received. The awardee, Restoration East, LLC, was the highest rated technical firm and offered a price 23% less than competition. Their experience, particularly in occupied garages, and ability to self-perform most of the work was reflected in their technical scores and price. They received “Exceptional” reviews from the project team when the work was complete.

IAW FAR 5.202(a)(2) the government need not submit the Synopsis of Proposed Contract Actions when citing FAR 6.302-2 Unusual and compelling urgency.

The garage is open and occupied daily with employees and visitors. Due to the condition of the garage and potential dangers if the repairs went unattended it was critical to bring on a contractor as early as possible to help coordinate phasing and work plans with building management.

After reviewing current contract holders and past procurements it was decided to directly award the contract to Restoration East, LLC.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

GSA had 2 independent government estimates prepared to support the price analysis of the proposal provided by the contractor. In addition, GSA negotiated the requirement to a fair and reasonable price IAW FAR 15.404-1(b)(1)(v) and (vii). The government also used other than certified cost or pricing data to establish a fair and reasonable price.

8. Description of the market research conducted:

As stated in paragraph 6, due the urgent nature of this work solicited market research was not conducted, but the contracting officer did consider potential sources available to the agency. It was imperative to include a contractor as quickly as possible to avoid undue harm.

Considering the urgent need for the requirement the Contracting Officer considered similar requirements procured through competition in the geographical area to identify a source capable of performing the work. The selected contractor was awarded a similar project in the geographical area through a full and open competition after exclusions IAW FAR 6.203.

9. Other facts supporting the use of other than full and open competition:

The harm the government is exposed to is potential damage to property or bodily harm to employees and visitors of the courthouse. GSA is intent to avoid any possibility of these events occurring, therefore issued award to Restoration East, LLC as expediently as possible to mitigate its risk.

10. List of any sources that expressed, in writing, an interest in the acquisition:

No firms have been contacted nor have expressed interest in writing.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition:

The work being performed under this contract is only for areas that were determined to be in such critical nature of repair they needed immediate attention and is a small percentage of the overall repairs/replacement to the garage. The GSA PBS will solicit and compete the follow-on acquisition for the remaining repairs at the AV Bryan Courthouse Garage.

12. Contracting Officer Certification:

I hereby certify that the above information is accurate and complete to the best of my knowledge.

Contracting Officer

13. Technical/Requirements Certification:

I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

Contracting Officer Representative

CONCURRENCES/APPROVALS: