2017_JOTFOC_Repairs_at_11000_Wilshire_072717_(FINAL_APPROVAL)_Redacted.pdf

GSA Public Building Service

Page | 1 U.S. General Services Administration 300 N. Los Angeles St., Suite 4300 Los Angeles, California 90012 www.gsa.gov

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY

GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDINGS SERVICE

ACQUISITION MANAGEMENT DIVISION

FIELD SUPPORT SECTION – 9PQ2FS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH FAR

6.302-2.

2. NATURE AND DESCRIPTION OF ACTION BEING APPROVED

This Justification and Approval (J&A) authorizes and approves entering into a sole source contract with Argus Contracting, LP to obtain services for the “WLA Fire Damage Remediation and Abatement”, at the East Annex Building (adjacent to the Wilshire Federal Building), 11000 Wilshire Blvd., Los Angeles, CA, due to unusual and compelling urgency.

The recent fire damage which originated from the Post Office at the East Annex building (adjacent to the Wilshire Federal Building) has led to fire and smoke damage throughout the entire East Annex building. H2 Environmental Consulting Services, Inc. (H2), was awarded a contract to support in determination of the level of damage found throughout the building. Areas identified as damaged in the report received from H2 included: the Hallway, Dining Area, Serving Line, Café, Passport Photo Room, VOA Offices, Studios, and Hall, FBI Conference Room, VOA Recording Booth, Kitchen, Post Office and Mechanical Room Mezzanine and above ceiling plenum area; additionally a section of the roof was damaged by the Fire Department while at the location fighting the fire.

There is asbestos containing material (ACM) throughout various portions of the East Annex Building that has been exposed due to the fire damage which has led to the entire building being designated as an environmental hazard, preventing access for all agency staff and the public who do not have proper certification for accessing this type of environment. This delay to access the space has caused an increasingly significant amount of strain on tenant agencies, creating major disruptions on their respective operations and impacting their ability to carry out their missions. Currently, the credit union requires access to their safe containing cash and valuables; they are unable to service customer requests related to their respective assets. The USPO is unable to access important mail and public is unable to access the contents of the P.O. Boxes. The East Annex building also contains fire smoke damage which has been observed throughout the entire space.

Another issue exists with the café vendor not being able to fully serve the tenant agencies at the Wilshire facility. There also exists the potential for a claim from the café vendor who has been unable to receive revenue since the fire occurred; this risk increases the longer the project is delayed. In addition, the lack of access to the facility caused disruptions to the tenants in the building. All have been unable to utilize the facility or have been temporary relocated to other location that are less the optimal for their missions.

Page | 2 U.S. General Services Administration 300 N. Los Angeles St., Suite 4300 Los Angeles, California 90012 www.gsa.gov

Currently, there are limited temporary barriers that have been installed to prevent access to the East Annex building. These temporary barriers are at risk of becoming detached and exposing the tenant agencies and general public that access the Wilshire Federal Building to ACM which poses a large risk to safety.

Therefore, the demolition, abatement, and smoke remediation of the entire East Annex Building must commence immediately in order for GSA to maintain its delivery of a safe and fully operational working environment for its tenant agencies and the public.

The immediate solution is to procure the required services from Argus Contracting, LP, who has performed the required services at the Federal Building and has the capabilities and manpower necessary to complete the required demolition, abatement, and smoke remediation work as soon as possible. Additionally, the immediate response will also assist in mitigating possible mold growth due to water damage caused as a result of the firefighting response. Argus is currently working on a large project for the Los Angeles Service Center and has a substantial number of their workforce with HSPD12 clearance. GSA escorting of other contractors was considered, however, GSA lacks the training and certifications to access the site under hazmat containment to provide proper escorting of workers in the credit union and post office. Argus also has the training and equipment to apply new non-asbestos containing fireproofing.

This requirement will result in a firm-fixed price contract utilizing BA54 funds.

3. DESCRIPTION OF SERVICES REQUIRED

The scope of work for the ACM cleaning and fire smoke remediation covers the entire East Annex Building and includes, but is not limited to, providing management, supervision, manpower, equipment and supplies necessary to clean the required areas.

The project will require work as follows:

- Conference Room Area: Abate Fire/Smoke Damaged carpeting and Asbestos Containing Floor Tile and Mastic material, (Floor tile and mastic approx.: 3,085 SF) and dispose of as Asbestos Containing Material.

- General Mezzanine/Mechanical/Tank Area: Abate Fire/Smoke Damaged Fireproofing (approx. 3,000 SF) and Asbestos Containing Fire Doors (4 each), Asbestos Containing Tank Insulation (approx. 4,900 SF), Asbestos Containing Pipe Insulation Fittings (44 Fittings) and dispose of as Asbestos Containing Material.

- Entire Building: Abate Fire/Smoke Damaged Materials and Asbestos Containing Materials including Structural fireproofing throughout the entire building. The fire and smoke affected the asbestos containing structural fireproofing as well as the porous items including ceiling tiles, duct insulation, wall and ceiling insulation, porous furnishings and carpeting throughout the building.

- Entire Building – Demolish suspended ceiling systems, decorative hard lid ceiling systems, drywall and plywood walls, window coverings and apply new non asbestos containing fireproofing.

All personnel entering the work area will be equipped with Type A, Half Face Respirators at a minimum. Workers will be required to wear two (2) tyvek suits. Bodily decontamination will be completed as described in FED/OSHA 29CFR 1926.1101 and Cal/OSHA 1529.1 asbestos.

Worker decontamination will be accomplished in a decontamination unit affixed to the work area.

Page | 3 U.S. General Services Administration 300 N. Los Angeles St., Suite 4300 Los Angeles, California 90012 www.gsa.gov

The work site equipment will consist of, but not limited to, the following items: 6 mil polyethylene sheeting, HEPA vacuum and negative air machines must have SCAQMD permits; Airless sprayers, Hand tools, Roll away carts, PPE, Decontamination Units, Scaffolding, Ladders, Shower unit.

Once the removal is completed, all asbestos containing materials shall be disposed of as hazardous waste, according to SCAQMD Rule 1403 and Cal/OSHA CCR Title 8.

The performance of the demolition, ACM cleaning, and smoke remediation by Argus Contracting LP will ensure the requirements are carried out by an experienced contractor who has the manpower and capabilities to complete the work in the shortest amount of time possible.

The total estimated completion time for the demolition, ACM cleaning, and smoke remediation is 90 calendar days. The independent government estimate for this project is approximately

. Costs considered in developing the IGE include: demolition of the fire damaged areas; asbestos containing material abatement and removal of the fire proofing and piping insulation;

fireproofing of the structural members and piping insulation; and general smoke remediation throughout the entire building.

4. IDENTIFICATION OF STATUTORY AUTHORITY

Authority for this action is provided at 41 U.S.C.3304(a)(2), which states, “the executive agency's need for the property or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals.”

See also FAR 6.302-2(a), which states:

“6.302-2 Unusual and compelling urgency.

(a) Authority.

(1) Citations: 10U.S.C.2304(c)(2) or 41U.S.C.3304(a)(2).

(2) When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.”

5. DEMONSTRATION THAT THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED

In response to GSA’s delivery of safe and secure Federal Facilities, and per the recommendation of the GSA R9 Regional Industrial Hygienist, it is essential that the demolition, ACM Cleaning, and smoke remediation is completed by Argus Contracting LP as soon as possible due to the serious health issues and concerns associated with asbestos. Any undue delay in the commencement of the necessary demolition and ACM cleaning presents a very large risk.

Argus Contracting LP is identified as the only source that will be able to offer the required services at substantial efficiency to the Government. Argus Contracting LP was the subcontractor in a separate project that required removal and abatement of ceiling panels which abuts the East Annex building, and is close in proximity and scope to the work identified under this requirement. Furthermore, in addition to the actual repair of the panels, Argus Contracting LP became intimately familiar with the

Page | 4 U.S. General Services Administration 300 N. Los Angeles St., Suite 4300 Los Angeles, California 90012 www.gsa.gov entire building through review of as-built drawings, conducting recent site investigations, reviewing existing reports and work as a subcontractor on several other projects at the Wilshire Federal Building. Utilizing any other contractor to perform this work would require much more time in order for the contractor to learn the existing space, existing conditions, and the best approach to remove, abate and remediate the area. With the safety of the general public and tenant agencies at risk, the additional time required to perform this work with another contractor is not an acceptable alternative.

Argus Contracting LP has a team who has worked in the building and currently holds HSPD-12 clearances and will be able to complete the project in an expeditious manner.

There is a very limited time in which to get this work accomplished due to the health and safety concerns associated with the threat of potential ACM exposure. Various sources were considered in the limited acquisition planning phase for this requirement, and the driving factor in selecting Argus Contracting LP as the source for this requirement was the limited time frame in which to have the work completed and they have man power with the required security clearances in place in order to begin work on-site as soon as possible. Therefore, market research was limited due to the compelling nature of the requirement. As noted, Argus Contracting LP has worked in the building;

they have the man power to and the required clearances to perform work in the building. The time from award /on-site work proceeding to completion will be minimal based on these facts.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE

Competition was contemplated however not utilized due to the urgency of this requirement. Argus Contracting LP has performed on-site, is familiar with the current building, and will be able to begin work immediately following a contract award. As a result of the urgency of the requirement, this acquisition will be conducted on a sole-source basis in accordance with FAR part 6.302-2.

A notice will not be publicized based on the following exception at 5.202(a)(2): The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

GSA Form 2689, Small Business Analysis Record will be submitted to the Small Business Technical Advisor (SBTA) and the Small Business Administration Procurement Center Representative (SBA PCR) for their review and consideration. Additionally once approved, the solicitation will include the requirement for a sub-contracting plan that will be review and approved.

7. DETERMINATION THAT THE ANTICIPATED ORDER REPRESENTS BEST VALUE

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. Argus Contracting LPs proposed cost will be reviewed by the Contracting Officer and GSA personnel with the technical expertise related to the requirement. Price evaluation and analysis will be conducted to ensure the overall price is fair & reasonable and will be compared to the independent government estimate. In addition, Argus Contracting LP is already very familiar with this type of work.

Page | 5 U.S. General Services Administration 300 N. Los Angeles St., Suite 4300 Los Angeles, California 90012 www.gsa.gov

8. DESCRIPTION OF MARKET RESEARCH CONDUCTED OR STATEMENT OF THE REASON

MARKET RESEARCH WAS NOT CONDUCTED

Various sources were considered in the limited acquisition planning phase for this requirement, and the driving factor in determining sources was the limited time frame in which to have the work completed and determining which contractor had the security clearances in place in order to begin work as soon as possible. Therefore, market research was limited due to the compelling nature of the requirement. As noted, Argus Contracting LP has worked in the building; they have the man power to and the required clearances to perform work in the building. The time from award /on-site work proceeding to completion will be minimal based on these facts.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION

Currently the entire space at the East Annex building (adjacent to the Wilshire Federal Building) requires immediate demolition, ACM cleaning, and smoke remediation. Due to the health and safety issues for the tenant agencies and public visitors to the Wilshire Federal Building, undue delay in the commencement of the necessary demolition, ACM cleaning, and smoke remediation by a qualified and responsible contractor in the shortest amount of time practicable presents a very large risk.

The ability of GSA to perform its mission and to provide a safe environment will be hampered if this procurement for ACM cleaning and smoke remediation is delayed. It is in the best interest of the Government to utilize Argus Contracting LP for this requirement.

The past performance and capability of the proposed contractor, Argus Contracting LP, on recent projects at the Wilshire Federal Building has been discussed by the LASC Construction Branch Chief and Contracting Officer. Further, a determination of responsibility will be conducted during evaluation of the proposal.

10. LIST OF SOURCES

The “WLA Fire Damage Remediation and Abatement” requirement will be limited to the following contractor:

Argus Contracting LP 11807 E. Smith Ave.

Santa Fe Springs, CA 90670-3226

DUNS: 831573519

For NACIS 562910 – Remediation Services, the firm’s revenues/ number of employees do not exceed the NAICS code’s small business size standard

11. STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION

Given the urgency of accomplishing this requirement, there are no actions that can be taken to remove or overcome the existing barriers to competition. The need to acquire the stated service in the manner proposed is due to the need for accomplishing the service immediately in order to ensure the GSA provides a safe and healthy environment for the tenants and the public at the Wilshire Federal Building.

H.H.

Page | 6 U.S. General Services Administration 300 N. Los Angeles St., Suite 4300 Los Angeles, California 90012 www.gsa.gov

12. CERTIFICATIONS

TECHNICAL REQUIREMENTS CERTIFICATION

I certify that the supporting data provided for the justification is accurate and complete to the best of my knowledge and belief.

Branch Chief Construction Services Branch Los Angeles Service Center (9P3PSLC)

CONTRACTING OFFICER CERTIFICATION

This justification was prepared in accordance with FAR 6.303. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Field Support Section Acquisition Management Division (9PQ2FS)