FAR_13_Single_Source_JA_Under_SAT_CS&CO_Signed.pdf

U.S. General Services Administration Public Buildings Service New England Region

Thomas P. O’Neill Federal Building 10 Causeway Street, Room 1100 Boston, MA 02222 www.gsa.gov

Date: 5/31/2018

FAR 13.106-1(b) Single Source Acquisition Documentation

IAW FAR13.104, COs must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase. When competition is not practicable, IAW FAR13.106-1(b), COs solicit from a single source for purchases not exceeding the simplified acquisition threshold. COs may solicit from one source if the CO determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). IAW GSAM 513.106(a), “urgency” includes situations which, if not corrected immediately, will result in unnecessary expenditure of funds, property damage, personal injury, or interruption of agency functions.

IAW FAR13.106-3(b)(3),COs are required to include additional statements explaining the absence of competition (see 13.106-1 for brand name purchases) if only one source is solicited and the acquisition does not exceed the simplified acquisition threshold (does not apply to an acquisition of utility services available from only one source) or supporting the award decision if other than price-related factors were considered in selecting the supplier.

Project: Scaffolding Rental & Disassembly Location: McCormack Building, Boston, MA PR Number: EQ1PSMB-18-0125 Contract Number: 47PB0018P0015 Suggested Source: SAFWAY Services, LLC

Brief Description of Services:

This is a procurement request for the rental and disassembly of scaffolding to surround the McCormack Building located in Boston, MA. The rental services are for an estimated period of six

(6) months at $11,042.00 per month. The disassembly will cost $28,350.00. Optional services will include night work to expedite disassembly at $6,800.00 and an Optional six (6) month extension at the previous rate. The total estimated cost of the acquisition, including options, is $167,654.00.

IAW FAR 2.101, this procurement meets the definition of a commercial item and is below the SAT of $250.000. The scaffolding rental and disassembly services will be procured utilizing the procedures of FAR 12 and FAR 13.

The Period of Performance for this procurement is from June 1st, 2018 through November 30th, 2018.

http://www.gsa.gov/ https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125454 https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466 http://farsite.hill.af.mil/reghtml/regs/other/gsar/513.htm#P2_71 https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125503 https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125467

10 Causeway Street, Room 1100 Boston, MA 02222 www.gsa.gov

The purpose of the scaffolding is to protect the public and property below from falling debris as a result of deterioration to the building’s exterior structure. Failure to erect scaffolding until the building is repaired could result in damage to property and severe injuries to individuals up to and including death.

The scaffolding rental was initially intended to be a short-term solution while repairs were made to the deteriorating building exterior. Unfortunately, there have been numerous delays as the building was inspected and a repair plan was designed. These delays resulted from unforeseen issues found during the inspection and requirement of netting to be installed in addition to the scaffolding to prevent damage, injury, or death from falling debris. There were also natural weather delays that caused unsafe working conditions as the building was inspected and the netting was installed.

Reason the Suggested Source is the only reasonable source available:

This procurement is follow-on to an existing task order as the scaffolding has already been erected under the building’s mechanical contract (GS-01P-09-BW-D-0010 / GS-01P-15-BW-D-7037) with EMCOR Governmental Services, Inc. using an ASR Task Order (GS-P-01-17-BW-0015).

While the scaffolding Task Order awarded to EMCOR is not scheduled to end until 6/30/2018, the parent mechanical contract will end on 5/31/2018 and EMCOR has informed the Government that the task order will have to end with the parent service contract.

As such, GSA has contacted SAFWAY directly to enter into a contract to continue services regarding the rental and eventual disassembly of the scaffolding.

SAFWAY Services, LLC is the most reasonable source to provide uninterrupted service of scaffolding rental. The disassembly, which would take 2-3 weeks, and the solicitation of a new contract would cause unacceptable delays in repairs and create a substantial hazard to the public and the Government as the threat of falling debris still exists. The Government would also face substantial duplication of costs related to erection, disassembly, and police details if they were to go through a new solicitation period that is not expected to be recouped from a competitive solicitation.

As detailed above, this procurement meets the definition of urgency as stated in GSAM 13.106(a).

Interruption would result in unnecessary expenditure of funds, property damage, personal injury, and interruption of agency functions.

Description of Market Research conducted and results, or Statement why it was not conducted:

The initial PR was received 4/18/2018. EMCOR informed GSA on 5/18/2018 that the task order would end with the end of the parent contract, 5/31/2018.

http://www.gsa.gov/

10 Causeway Street, Room 1100 Boston, MA 02222 www.gsa.gov

Limited Market Research was conducted utilizing FPDS, GSA Advantage, and proposals received for the initial Task Order. Due to the unexpected change in end dates, urgency did not permit further market research.

Tony Schmidt, Contract Specialist

Anthony Pellegrino, Contracting Officer http://www.gsa.gov/