J A_Redacted.pdf

GSA Public Building Service

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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 “ACM Office Cleaning”, at the Chet Holifield Federal Building, 24000 Avila Road, Laguna Niguel, CA, due to unusual and compelling urgency.

Recent surface micro vac sampling in the Chet Holfield Federal Building has identified various surfaces with asbestos contamination above background levels and a few surfaces with high concentrations in occupied space. The recommendation from the GSA R9 Regional Industrial Hygienist is to clean the spaces where above background contamination was identified as soon as possible. The surfaces with higher concentrations of asbestos can pose a health hazard to occupants if the asbestos is disturbed and becomes airborne. The cleaning process will require trained asbestos workers to use specialized equipment and procedures to control asbestos contamination.

Therefore, the ACM cleaning of approximately 72,000 sf of office space 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 for 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 ACM cleaning as soon as possible. Argus Contracting LP is the only remediation contractor identified who has the staff with the necessary security background checks to immediately mobilize and complete the work. There would be undue delay bringing in other contractors who will require background checks which take up to 45 days for approval.

3. DESCRIPTION OF SERVICES REQUIRED

The scope of work for the ACM cleaning of approximately 72,000 sf of office space at the Chet Holifield Federal Building, includes, but is not limited to, providing management, supervision, manpower, equipment and supplies necessary to clean the required areas.

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The project will require two phases of work as follows:

Contractor to establish localized controls and regulated area in all areas pursuant to FED/OSHA 29 CFR1926.1101, AQMD Rule 1403 and Cal/OSHA Title 8 CCR1529.1 asbestos; to include a three stage decon and critical barriers over entrances.

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

4. IDENTIFICATION OF STATUTORY AUTHORITY

Authority for this action is provided at 41 U.S.C.253(c)(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

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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.253(c)(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 ACM Cleaning 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 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 has a comprehensive understanding of the building and scope requirements and will be able to ensure the work is completed quickly and efficiently. They have successfully performed abatement work as a subcontractor on various large construction projects at the Chet Holifield Federal Building over the past 3 years. 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 asbestos. 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 s 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

Page | 4 maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

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.

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 there is office space at the Chet Holified Federal Building requiring immediate ACM cleaning. Due to the health and safety issues for the tenant agencies and public visitors to the Federal Building, undue delay in the commencement of the necessary ACM cleaning 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 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 Chet Holifield Federal Building has been discussed by the LASC Deputy Director and Contracting Officer. Further, a determination of responsibility will be conducted during evaluation of the proposal.

10. LIST OF SOURCES

The “ACM Office Cleaning” requirement will be limited to the following contractor:

Argus Contracting LP

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

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R9 REVIEW AND APPROVAL IAW POLICY NO. 9PQ-Q-16-0001

DAWN OCHSNER Date Section Chief Field Support Section Acquisition Management Division (9PQ2FS)

JULIANA RONCALATO Date Procurement Analyst Oversight and Policy Branch Acquisition Management Division (9PQ1)

TOM ANDREWS Date Director Acquisition Management Division (9PQ)

CECILLIA CHU Date Assistant Regional Counsel Office of the Regional Counsel (LD9)