Revised Justification REDACTED 2024 03 22.pdf

ETI is the current contractor for the elevator modernization project at the John Joseph Moakley Courthouse in Boston, MA under Contract 47PB0022C0019. The quality of the elevator mechanic work has been very good. They are expected to complete the contract in October 2023. ETI will begin construction on the JFK Freight Elevator in September 2023 under Contract 47PB0022C0028.

Separately, GSA anticipates ETI to begin construction to replace three of the Mid-Rise elevators in April 2024 under Contract 47PB0023C0026.

The Procurement Administrative Lead Time (PALT) for procuring a full and open construction project is 180 calendar days. Approval of the Sole Source Justification would eliminate the additional time required to synopsize, solicit, review, and negotiate an open market contract. Considering that the lead time of elevator equipment can take up to 28 weeks, added PALT plus onboarding of a new contractor would further delay completing the project. Additionally, the added PALT time required to go full and open competition may be a wasted effort as it would not guarantee that other vendors would submit a proposal.

ETI was the only offeror who submitted a proposal on the JFK Mid-Rise open market procurement.

Based on GSA’s experience procuring a number of elevator contracts that require specialized services that are inherent to integrated elevator systems, the region has identified that the market has demonstrated a limited pool of contractors available to support this type of work

ETI is the only company that can provide the services required without unacceptable delays in fulfilling the agency’s requirements to immediately have reliable elevator cars operating the 26 floors of the JFK Federal Building. ETI will already be phasing from the Freight Elevator installation to the Mid-Rise replacement. This will positively influence their work practices and improve efficiency in schedule and work quality. ETI has a strong, compelling base of knowledge and familiarity with the elevator construction drawings, elevator operations, and scope.

ETI will be mobilized onsite for the JFK Freight Elevator and JFK Mid-Rise construction which will eliminate substantial duplication of costs and eliminate many contractual difficulties having different General Contractors working on essentially the same pieces and places within the building. In addition, ETI and their subcontractors would already be cleared in accordance with the GSA’s HSPD-12 security protocols, eliminating undue delays in performing work.

5. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

Efforts were made to ensure that offers were solicited from as many potential sources as practicable on two recent elevator projects at the John F. Kennedy Federal Building in Boston, MA.

Solicitation 47PB0023R0035 for the JFK Mid-Rise Bank 3 Replacement was competed as a total small business set-aside under FAR 15. The pre-solicitation notice was posted in sam.gov on April 21, 2023.

The solicitation was posted on May 8, 2023, with proposals due on June 8, 2023. GSA invited firms for a site visit on May 17, 2023. GSA received only one proposal from ETI in response to the solicitation.

GSA awarded the project to ETI on August 14, 2023, under Contract 47PB0023C0026.

Solicitation 47PB0022R0054 for the JFK Freight Elevator was competed through full and open competition with no set-asides under FAR 15. The pre-solicitation notice was posted in sam.gov on June 1, 2022. The solicitation was posted on June 17, 2022, with proposals due on July 18, 2022. GSA invited firms for a site visit on June 23, 2022. GSA received two proposals; both offerors were small businesses.

GSA awarded the project to ETI on September 6th, 2022, under Contract 47PB0022C0028.

As depicted above, there has been little interest in submitting proposals for the JFK elevator construction projects. Based upon past responses, there is doubt if a contractor other than ETI would submit a proposal for the JFK High-Rise project.

6. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

GSA has reached two recent successful contract agreements with ETI for a similar scope of work at the JFK Federal Building, in Boston, MA. The proposal submitted by ETI for the JFK Freight Elevator under

Contract 47PB0022C0028 was 6% less than the government estimate. Similarly, GSA had a successful negotiation under Contract 47PB0022C0028 with ETI for the JFK Mid-Rise Bank 3 Replacement which resulted in ETI’S final proposal being approximately equal to the government’s estimate. Upon technical evaluation, it has been determined that the price proposed by ETI is fair and reasonable and represents current market conditions. Given the recent success with negotiations with ETI, it is anticipated that GSA will have continued success with the High-Rise requirement. ETI’s detailed price proposal will be reviewed, and a price analysis will be performed in relation to the Government cost estimate, and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable. ETI will be required to submit certified cost or pricing data in accordance with FAR 15.403-4.

7. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Market Research was not conducted, as the circumstances outlined in paragraph 8 precludes the use of other vendors for this work. However, the market research that was conducted from the two recent solicitations for the JFK Freight Elevator project and the JFK Mid-Rise Bank 3 Elevator project were reviewed and considered.

8. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

A full and open competition to replace the three elevators in the JFK High-Rise would cause an intolerable delay in the selection of a vendor to complete the project and pose an inherent life safety risk to the public, tenants, vendors, and to the Government operations of multiple agencies. The JFK Federal Building has 21 elevators installed in 1964 which are original to the building. The region considers the elevators unserviceable and has been forced to shut down and cannibalize existing equipment to repair issues due to discontinued replacement parts. The elevators have recurring problems with the control boards, which are no longer commercially available, requiring custom fabrication or repair of the broken control boards. The elevators have not passed cyclical 5-year full load tests without causing damage and breakage to equipment and/or control boards the elevators rely upon to operate. Moreover, JFK elevators have not been able to pass this specific full load safety test in over a decade and have had nearly 60 entrapments in a two-year period. Some entrapments have resulted in cars becoming unmovable in elevator shafts, requiring the Boston Fire Department to conduct rescue operations and tie off on safety ropes to remove tenants from the 27-story shaft. Delaying replacement to wait for a capital project is an unacceptable risk, and replacement of the High-Rise Freight Elevator and replacement of passenger elevator cars 7, 8, and 9 is ongoing utilizing emergency reserve requested BA54 funds. The continued equipment failures, lack of commercially available replacement parts, multiple tenant entrapments, and other conditions described represent this repair as an emergency which presents direct risk to Government operations and personnel.

Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements.

11. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief (FAR 6.303-2(b)(12)).

Contracting Officer: I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

Technical/Requirements Personnel: I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

Contracting Officer’s Representative Date

12. CONCURRENCE

For actions between $700k and $13.5M, one level above the Contracting Officer and the Acquisition Policy Branch must sign and approve the Justification.

Concur: One-Above the Contracting Officer

Supervisory Contracting Officer Date

Concur: Acquisition Policy Branch

Branch Chief Date

Concur: Acquisition Director

Director Date

Concur: Office of General Counsel

General Counsel Date

Approved: Competition Advocate For a proposed contract over $700,000 but not exceeding $13.5 million, the Competition Advocate must sign and approve the Justification.

Deputy PBS Regional Commissioner Date