B08_Attachment_3_JOFOC_Sole-Source_-_Signed_1.pdf

Single Source – Under SAT Page 1 of 3

Preserving unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations.

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (JFOC) for

SIMPLIFIED ACQUISITIONS OVER $10,000

($2,000/$2,500 for Construction/Services) AND UP TO $250,000 (See FAR 13.106-1)

PR Number: 0040577860

1. Nature and/or description of the item/service being procured and its intended use (include the anticipated cost):

The National Park Service (NPS) - National Mall & Memorial Parks (NAMA) has a new construction requirement for the disposal of failed waterproofing membrane, pebble stones, and concrete matrix and replacement with new waterproofing membrane and new pebble stones and concrete matrix to match the same size, texture, and color within the pebble basin of the DuPont Circle fountain. The intent of this project is to fully restore the Dupont Circle fountain so that it is operational and free from water leaks. When the project is complete, the long-term stability of the water fountain will successfully uphold the mission of the NPS.

2. Description of the supplies or services required to meet the agency’s need include:

I. Demolition, removal, and disposal of existing waterproofing system

II. Demolition, removal, and disposal of existing pebble stones and concrete matrix III. Install New Waterproofing liquid membrane IV. Install New Fabric reinforcement for waterproofing V. Install New Mortar and mortar setting materials

VI. Install New pebble stones that match existing pebble stones with regard to size, texture, color, orientation, spacing, and layout

VII. Masonry tools and techniques specific to historic masonry VIII. Labor (master mason, conservator, and mason laborers)

3. Sole Source Justification rationale:

Other:

Currently Task Order 140P3021F0132 is awarded to F.L. Into Companies LLC, which is specific to rehabilitating the DuPont Circle Fountain. The Task Order was awarded through the regional historic masonry ID/IQ and the work under this Task Order is to repair masonry, completely replace the mechanical systems, and repair or replace waterlines and equipment between the fountain and equipment vault. During execution of this Task Order 140P3021F0132 it was discovered that the waterproofing within the pebble water basin of the fountain is failed and actively leaking. This additional work is considered out of scope of the original intent of Task Order 140P3021F0132.

The fact that a leak in the waterproofing is present, the structural integrity of the fountain as a whole is compromised and the progress and work continuity on Task Order 140P3021F0132 will be halted until the failed waterproofing and leaks are corrected. Having a contractor other than F. L. Pinto Companies, LLC who is currently performed the work required under Task Order 140P3021F0132 will threaten performance on both aspects of work that is being done and needs to be done – there is simply not enough room on site for two different contractors to work and operate in the same space without significant and unreasonable delays.

From a business perspective under the authority provided by FAR 1.102 (d) and 1.102-4 (e) sole sourcing the fountain waterproofing contract to F. L. Pinto Companies, LLC that was awarded task order 140P3021F0132 will eliminate the risk of significant and unreasonable delays because they are already mobilized on site and possesses the skills, knowledge, and abilities to perform the needed fountain waterproofing and repairs.

Single Source – Under SAT Page 2 of 3

Preserving unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations.

Additionally, there is a 1-year workmanship warranty included with Task Order 140P3021F0132, and to have a contractor other than the F. L. Pinto Companies, LLC would void this warranty. Sole sourcing the fountain waterproofing to F. L.

Pinto Companies, LLC will maintain the warranty on Task Order 140P3021F0132 and the 1-year warranty that will be included in this contract will be covered by the same contractor.

It is not considered to be in the Government best interest to have any contractor other than the F. L. Pinto Companies, LLC perform the waterproofing on the pebble basin, as the final inspection and Government acceptance of Task Order 140P3021F0132 would be contingent on the waterproofing contractor’s ability to meet the manufactures specifications specific to equipment installed as part of the Task Order. A reasonable person would not expect such an inspection and acceptance to factor in the quality of another contractor’s work when inspecting and accepting the work on the Task Order.

To properly ensure that the directive to install all equipment and materials in accordance with the manufacture’s guidelines with regard to the task order 140P3021F0132, the contractor awarded the task order must be permitted to ensure the products and materials used in waterproofing the fountain meet the manufactures recommendations specific to the equipment that was installed. It would be too burdensome and too great of a risk for the Government to consider accepting one contractor’s work contingent on another’s, especially considering the direct correlation between the two projects are inseparable because both aspects make up the fountain as a whole.

Lastly, permitting the leak to go unaddressed without considering the capabilities of the incumbent contractor to correct them, will result in extensive cost and time overruns to the project as a whole. Plus, continued damage to masonry repaired on Task Order 140P3021F0132 will result in significant additional cost. Having to constantly replenish water in the fountain to ensure the manufactures recommendations are met on the water pumps and electrical systems is too burdensome for the Government to consider with respect to manpower and risks damage to the newly installed equipment.

Not permitting the incumbent to waterproof the pebble basin will result in damage to work already done not to mention damage to other nearby structures that may degrade due to soft ground or even hydraulic undermining of soils creating significant safety concerns to public and nearby structures.

4. Market Research.

The Government conducted Market Research, in preparation of the original contract as the park has done many fountain repairs over the years. The Region has a historic masonry MATOC IDIQ, which had extensive market research done when awarding it as well.

Since, F. L. Pinto Companies, LLC is the current contractor providing the services ongoing at the site, it is not considered in the best interests of the Government to seek alternate sources for additional work on the same structure. The intent is to award from a single source as noted above in previous sections, and the market research found will not be considered for this award process but will be reviewed to ensure price fairness.

5. If this is a determination for sole source, the contracting officer certifies:

In accordance with FAR 13.106-1(b) the contracting officer determines and certifies that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief, therefore, the reasons stated above, it is in the best interest of the Government to compete this requirement via sole sourcing it to F. L. Pinto Companies, LLC.