FSS Limited-Sources Justification COVID-19 BPA_Signed AR.pdf

U.S. General Services Administration

LIMITED-SOURCES JUSTIFICATION

The Public Buildings Service, Rocky Mountain Region, proposes to contract the requirements described herein by means of limiting sources. Contracting by such means is authorized by FAR Subpart 8.405-6 Orders placed or BPAs established under Federal Supply Schedules and are exempt from the requirements in part 6. This acquisition is conducted under the authority of the Multiple-Award Schedule Program (see FAR 8.401)

From: General Services Administration (GSA), Public Building Services (PBS), Rocky Mountain Region 8, Acquisition Division, Joe Dorsey, Contracting Officer

For: COVID-19 Emergency Remediation, Solicitation Number TBH, COVID-19

Emergency Remediation Blanket Purchase Agreement (BPA) Located in Region 8, Inclusive of Colorado, Montana, Utah, North Dakota, South Dakota, and Wyoming.

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

This action will be an urgent and compelling procurement in response to the declaration of state of emergency issued by the president of the United States on March 13, 2020. There is an urgent and compelling need for immediate remediation in response to the COVID-19 crisis. Therefore a sole source procurement is required to provide for emergency COVID-19 remediation throughout the region inclusive of the following states: Colorado, Utah, Montana, North Dakota, South Dakota, and Wyoming.

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

These procedures are intended to be used when an individual with a suspected or confirmed case of COVID-19 has been in a GSA-controlled facility within Region 8. Services must be ongoing and in quick response whenever new guidance is received from the Centers for Disease Control and Prevention (CDC) or associated health authority.

Detailed cleaning and disinfection scope This procurement will be used under the following circumstances:

● the ill individual(s) have a confirmed or suspected case of coronavirus (COVID-19),

● the ill individual(s) have recently traveled (within the past 14 days) to a location of known COVID-19 outbreak, or

● the ill individual(s) have been in direct contact with someone infected with COVID-19.

Revised 3/17/2020 https://www.acquisition.gov/content/part-8-required-sources-supplies-and-services#i1117303

(iii) The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

In accordance with FAR 8.405-6(a)(1)(i)(A) An urgent and compelling need exists, and following standard procurement procedures would result in unacceptable delays. In regards to the COVID-19 crisis, there is an urgent need for immediate response and remedial action for the subject agreement. Any delay could result in the death of federal employees or American Citizens in contact with the CONVID-19 virus.

(iv) A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

In accordance with FAR 8.404(d) this procurement represents the best value to the Federal Government. Prices on the vendor’s schedule will be awarded as firm fixed price inclusive of hourly rates and approved by the GSA schedule contracting activity. GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. A review of the contractors rates has been conducted and it was determined that the rates are in alignment with the general market. In addition, GSA has reviewed historical data from previous procurements, and it was determined that the established rates from the vendor are in alignment with the Government’s expectations. Lastly, when the award is made, there will be an additional determination of fair and reasonableness in accordance with 8.405-2(d). A limited-source procurement approach represents the best value for the federal government considering the urgent and compelling need for these services.

(v) A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Recent market research conducted by GSA region 6 in support of this proposed action, demonstrated that there are a number of companies interested in the proposed work. A Request for Information (RFI) was released on GSA schedules with responses from approximately forty-eight (48) interested parties. Market research results were varied, between continental states and various locations within. All vendors confirmed that they are willing to perform cleaning and disinfection services in response to the COVID-19 pandemic.

However, due to the urgent need of this requirement and the quick responses needed from the vendor, GSA believes a sole source procurement, or limited-source, will be the best approach to ensuring immediate Government requirements are met. The services required are unique, specialized, and incredibly urgent in nature. It could not be reasonably assumed that these services could be procured in an expedient manner utilizing traditional procurement methods.

Observing six vendors, all appear to be compliant with GSA’s requirements and associated SINs, as well as have flexible labor categories and can apply to GSA’s requirements.

However, only one company, American Technologies Inc. appears to be ready for quick mobilization to meet the various and wide-spread needs of GSA R8. American Technologies

Inc. provides highly specialized remediation services, and is incredibly prepared in terms of responding to a Pandemic. ATI was also the only GSA schedule contractor that immediately responded to GSA’s urgent request for information, sent on March 18, 2020 in relation to capabilities in response to the COVID-19 crisis. Additionally, ATI is one of the few GSA schedule contractors on Schedule 84 for Total solutions for law enforcement, security, facilities management, fire, rescue, clothing, marine craft and emergency/disaster response, Special Item Number (SIN) 426 4F, Emergency Preparedness and First Responder Equipment, Training and Service.

ATI has submitted substantial documentation to GSA in regards to its capabilities in response to the COVID-19 crisis. ATI’s approach involves substantial remediation services in accordance with the strict guidelines provided by the CDC. The core advantage to utilizing ATI as opposed to some of the other contractors, is its ability for quick mobilization. ATI is a company with significant resources and presence within the continental United States, which makes this firm especially well positioned to meet the needs of the Government. ATI can meet the critical response times required by the Pandemic. With a relatively small turn around time for responding to the COVID-19 crisis, ATI is incredibly qualified with a three tiered system in response to pandemics and the CORVID-19 crisis.

These are extraordinary circumstances that require expedited procurement methods involving extreme urgency, in turn, there are no other methods available. A limited source procurement will ensure value to the taxpayer, while ensuring the urgency of the matter is accounted for.

(vi) Any other facts supporting the justification.

If the Federal Government does not expedite this procurement, there is an inherent danger of loss of life to not only federal civilian employees, but the general public. The President of the United States has officially declared the pandemic a national state of emergency. Therefore, the GSA has determined that an immediate vehicle needs to be put in place for the expedient remediation of federal buildings throughout the state of Colorado and ancillary states within the region.

(vii) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

The Government will be assessing these requirements in an ongoing manner. These provisions are highly specialized and to be used in extraordinary circumstances. Therefore there will be an ongoing assessment of whether services are to continue, or if a new vehicle will be required in the near future which will involve full and open competition in a competitive environment. This BPA will be assessed on a yearly basis to ensure it still represents the best value to the Government.

CERTIFICATION:

I certify this justification is accurate and complete to the best of my knowledge and belief in accordance with the circumstances outlined in FAR 8.405-6(a)(1).

Contracting Officer: Joseph Dorsey

Signature Date

Technical Point of Contact: Aaron Rodriguez

I certify this justification is accurate and complete to the best of my knowledge and belief in accordance with the circumstances outlined in FAR 8.405-6(a)(1). I certify that the Government’s minimum needs are required by this contract vehicle and the urgency of the current circumstances involving the COVID-19 pandemic, warrant a limited sources procurement based on the requirements at hand.

Signature Date

AaronSRodriguez Typewriter 4/2/2020