J&A_Cooling_Tower_-_signed.pdf

U.S. General Services Administration Project Support Branch

Public Buildings Service (PBS) Auburn, WA 98001-6599

GSA Northwest/Arctic Region

Sole Source Justification (Simplified Acquisitions $2,500 to $250K)

Prepared in the format at FAR Part 6.303-2

(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

The requiring activity is General Services Administration (GSA), Public Buildings Service (PBS), Region 10, Design and Construction Branch. The contracting activity is GSA, PBS, Region 10, Acquisitions Management Division, Construction Acquisitions Branch (10PQCB). The PBS point of contact for this action is Jong Kim, Contract Specialist, who can be reached at (206) 231-9171 or jong.kim@gsa.gov.

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

This justification is requested due to the requirement for replace cooling tower’s cooling coils with new, repair pipe insulation, and repair any coil assembly leaks at Federal Center South (OxBow Building) in Seattle, WA. The target completion date for this project is May 31st, 2019 because of rising outside air temperatures and the possibility of reaching 80 degrees Fahrenheit in the month of June in the Seattle area.

The material and associated services will be procured as a sole source directly to University Mechanical Contractors, Inc. or University Mechanical Contractor’s authorized agent.

University Mechanical Contractors, Inc. (DUNS: 002824357)

11611 49th Place West P.O. Box 67

Mukilteo, WA 98275-4255 Phone: (206) 364-9910 Email: pdonohue@umci.com

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

Provide all labor, material, and equipment necessary to remove existing cooling tower’s cooling coil and replace with new cooling coil in the cooling tower. Work to include repair all coil assembly leaks and perform a water leak test, repair pipe insulation to match existing, test run cooling tower assembly with bundling sequencing of controls to assure operational function of all components, and provide written report. Work to be accomplished so that tenant operations are not impacted. Estimated: $200K

Public Buildings Service (PBS)

(4) An identification of the statutory authority permitting other than full and open competition.

This acquisition is being conducted under the authority of Title 41 U.S.C. 3304 subsection (a)(2), as implemented in Federal Acquisition Regulations (FAR) Subsection 6.302-2 – Unusual and Compelling Urgency, allows for other than full and open competition 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) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

FAR 6.302-2 provides for the use of the above authority when an unusual and compelling urgency precludes full and open competition, and delay in award of a contract would result in serious injury, financial or other, to the Government. This application of authority applies for the above listed items as only source who can meet the requirement.

The Fluid Cooler unit is highly complex proprietary equipment designed and manufactured by Baltimore Aircoil Company (BAC) and the manufacturer's recommendation for installed by BAC certified installer. University Mechanical Contractors, Inc. is certified installer for BAC Fluid Cooler Systems.

If we do not repair the broken cooling coil, it will cause damage and a total loss to the Cooling Tower that is part of the Chilled Water System for the OxBow Building. The OxBow Building is fully occupied and tenants would have to close due to lack of power to continue business operation. This will result in considerable financial loss ($75,000+ per hour) for the government. As the result, there will be considerable financial loss due to business closure.

(6) 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 Subpart

5.2 and, if not, which exception under 5.202 applies.

In accordance with FAR 5.202(a)(2), the synopsized contract action on the FedBizOpps is not required because the proposed contract action is made under the conditions of FAR 6.302-2, Unusual and Compelling Urgency, and under the circumstances, the Government would be seriously injured if the agency complies with the time periods specified in the

FAR 5.203.

However, we will make publicly available the justification required by FAR 6.303-1. In accordance with FAR 6.305(b) and (d), the justification will be posted within 30days after http://uscode.house.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P55_9233 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P55_9233 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P66_10346

Public Buildings Service (PBS) contract award and remain posted for a minimum 30 days at the Government Point of Entry (GPE) https://www.fbo.gov.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will take sufficient measures to ensure the prices/costs proposed are fair and reasonable and render a determination of such in a Price Negotiation Memorandum (PNM). The PNM will capture the pricing environment, information relied upon, price/cost analysis conducted, findings, and basis for such determination, as well as documents the best value decision.

The contracting officer will solicit comments from the appropriate PBS personnel and Subject Matter Expert (SME) regarding technical criteria listed in RFQ and Pricing information including types and quantities of labor hours, reasonableness of the labor mix, and reasonableness of travel proposed. The contracting officer will evaluate Pricing in accordance with the RFQ, including verification the rates proposed by the Offeror.

The Government estimate is based upon price estimates developed from historical data for similar work on this system in this building.

(8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted through direct contact with several local mechanical contractors to discuss qualifications for working on the cooling system and tentative ordering times for required materials. It was determined that the original coil manufacturer, Baltimore Aircoil Contractors (BAC), recommends that all repairs and modifications to their products be performed by BAC certified contractors. It was further determined that the lead time for a BAC replacement part was approximately thirty days and that a substitute replacement part from Evapco would be approximately sixty days. The additional thirty days for the substitute part is critical to completion of the project before outside air temperatures exceed the buildings capacity to coil without the cooling coil.

In the future work is contemplated, GSA will review the market to determine if a more viable non-proprietary and cost effective solution is available.

(9) Any other facts supporting the use of other than full and open competition.

University Mechanical Contractors, Inc. (UMCI) has expertise in this area and has agreed to mobilize right away to the site and get the work done as quickly as possible due to impending weather. UMCI installed and assembled the original fluid cooler located on the roof of the OxBow Building. Additionally, UMCI successfully completed cooling coil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/10.htm#TopOfPage

Public Buildings Service (PBS) Auburn, WA 98001-6599

GSA Northwest/Arctic Region replacement project at the same facility in 2014. The crew that installed the original unit, and replaced the cooling coils will participate in this project to assure that a similar installation process is followed and to take advantage of sight familiarity. GSA is relying on UMCI experience on similar projects (technical complexity).

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Based on the above, the requirement was not synopsized due to the urgency of the requirement, thus no other sources have expressed interest in this requirement.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Based on the information and conclusion drawn in paragraphs three (3) and five (5) of this document, GSA concludes that there are no other offerors able to provide these critical services in the short time needed.

In the future, the GSA will continue to periodically monitor the market to identify if any potential sources exist that can provide these types of critical services. If such a source emerges, the GSA will assess whether full and open competition for future requirements is feasible.

Technical/Requirements Personnel Certification.

I certify that the supporting data used to form the basis of this justification are complete and accurate.

(12) Contracting Officer certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

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

___________________________________________Date _

Heather M. Bowden, Contracting Officer

10 April 2019