Justification_and_Approval_for_Other_than_Full_and_Open_Competition_Redacted.pdf

Revised 3/30/2016

U.S. General Services Administration

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

The Public Buildings Service, Rocky Mountain Region, proposes to contract the requirements described herein by means of other than full and open competition.

Contracting by such means is authorized by FAR Subpart 6.3 and is supported by this justification prepared in accordance with FAR 6.303.

1. Contracting Activity. GSA PBS, South Dakota Field Office, 115 4th Ave SE, Aberdeen, SD.

2. Description of Required Supplies or Services: This justification authorizes and approves the issuance of a Firm Fixed Price contract to HARRY'S SEPTIC & SEWER SERVICE LLC/PIPE MASTERS to scope, clean and install cured in place piping due to health and safety concerns from sewer gas leakage from cracked pipe, US Courthouse, 400 S Phillips Ave, Sioux Falls, SD. This effort is covered under the Acquisition Plan

3. Statutory Authority. The statutory authority permitting other than full and open competition is 41 U.S.C. 2304(a)(2) as cited in FAR 6.302-2, "Unusual and compelling urgency."

4. Nature of the Acquisition Requiring Use of the Cited Authority. On August 23, 2018, USMS notified GSA that they have employees who are experiencing serious health effects originating from sewer gas smells in their space. We had done a smoke test and received the report from the vendor right before this official notification. The smoke test did find extensive leaks in sewer vent and waste lines behind walls and under floors covered by marble and terrazzo historic finishes. They reported that USMS employees officed in the basement have had to leave the building and go home "sick" because they were nauseated from the smell. This situation has increased in frequency recently and is now a daily occurrence. USMS tenants report that once the issue dissipates, it will often return later in the day. USMS and their Occupational Safety and Health staff expressed deep concern for the continued health of their employees originating from the sewer gas leakage from cracked pipe. They are concerned about potential Workman's Comp claims and demanded the problem be fixed within 30 days of an IAQ report. There has been discussion of demanding to be removed/relocated from the building and re-housed elsewhere at GSA's expense. The Final IAQ report is currently scheduled to be delivered on or about Thursday, September 20th. Initial results indicate levels under the OSHA Permissible Exposure Levels, however, the IH did concur that the smell is quite awful and fully unacceptable to an acceptable office space. The USMS concern over continued employee absences due to health and safety concerns will drive their demands for new space until this is problem is addressed. The City of Sioux Falls recommended Hydroclean who in turn recommended going directly to HARRY'S SEPTIC & SEWER SERVICE LLC/PIPE MASTERS for building interior work as

Revised 3/30/2016 they have successfully performed cured in place piping installation in cracked and leaking piping in other old buildings in Sioux Falls. The contractor has visited the site and confirmed his ability to perform the required work. The urgent health and safety concerns justify the use of 41 U.S.C. 2304(a)(2), cited in FAR 6.302-2 to permit other than full and open competition for this effort.

5. Actions Taken to Remove Competition Barriers and Solicit Offers from Other Sources. While budget was determining if this work would be considered construction or service, a sources sought notice was posted to e-Buy under to all vendors under 03FAC.

Only one response was received from a vendor who stated they could perform the work.

6. Determination that the Anticipated Cost/Price will be Fair and Reasonable. In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services ordered under the proposed contract are procured at a fair and reasonable price.

The Contractor will submit a formal price proposal with cost or pricing data or sufficient information to support the accuracy and reliability of the estimate. HARRY'S SEPTIC & SEWER SERVICE LLC/PIPE MASTERS's proposed cost will be reviewed by the program manager, contract specialist and others as warranted with unique pricing or technical expertise related to the requirement. The Contracting Officer will utilize an appropriate variety of price or cost analysis techniques and technical analysis to ensure negotiations of a fair and reasonable price.

7. Market Research, FedBizOpps Announcement, and Listing of Interested Sources.

Due to the urgent nature of the health and safety concerns for building tenants, market research was not conducted.

CERTIFICATION (Per FAR 6.303-2(b)):

I certify that supporting technical data and/or documentation are accurate and complete to the best of my knowledge and belief. It is appropriate to use such information to establish the basis for this justification.

Signature Date

CERTIFICATION (Per FAR 6.303-2(a)(12)):

I certify this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

9/13/2018

9/13/18