J A_Lynden_LPOE_Mold_Remed-Fall_Protection_redacted.pdf

Justification and Approval (J&A) Exception to Fair Opportunity

Under the Indefinite Delivery Indefinite Quantity Contracts (FAR 16.505(b)(2)(i)(C))

1. Agency: United States General Services Administration, Public Building Service, Design & Construction Division, 400 15th Street SW, Auburn, WA 98001.

Contracting Activity; United States General Services Administration, Public Building Service, Design and Construction Division, 400 15th Street SW, Auburn, WA 98001.

2. Nature and/or description of the action being approved: The proposed action is to modify an existing competitively awarded task order to replace water-damaged drywall, window, and doors, remove all mold from horizontal and vertical surfaces, remove incinerator stack, apply epoxy coating to the floor, install new lighting and a heater and install a permanent roof-mounted fall protection system at the Kenneth G. Ward Land Port of Entry (LPOE) located in Lynden, Washington 98264-9998, as well as install permanent roof-mounted fall protection system at the Sumas LPOE located at Cherry and Boundary, Sumas, Washington 98295.

a. Lynden LPOE: The contractor is tasked with removing a chimney and patching the roof above the incinerator room. After award of this contract PBS was requested by the tenant (Customs and Border Protection (CBP)) to dispose the incinerator. During a site visit to determine requirements to dispose the incinerator an unsafe/hazardous condition was identified. Mold/mildew has accumulated throughout the room resulting in damaged ceiling, walls and windows as well as CBP property that was stored in the room.

b. Lynden and Sumas LPOEs: Permanent fall protection has not been installed in the roofs located at either the borders stations. Original intent was to use current fall protection and Genie lifts but upon further investigation and development of the project it was determined there was no fall protection and the Genie lifts would not reach all areas of either roof. Safety became a concern and it was determined that permanent fall project must be installed. Permanent fall protection will also ensure any and all future work as well as maintenance work will comply with all safety regulations.

The work being added falls within the overall scope of the competitively awarded Service Disabled Veteran Owned Small Business set-aside Western Service Centers (WSC) Design-Build Construction Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (hereafter known as WSC Design-Build Construction IDIQ MATOCs). Four contracts were awarded on 06/03/2014 with a one-year base period and four one-year options as show below.

The contracts are in their second year, with the first option having been exercised.

Contractor Contract Burton Construction, Inc. GS-10P-14-LT-D-0034 Macnak Construction LLC GS-10P-14-LT-D-0035 Ronsons SDVOSB P&L JV-1 GS-10P-14-LT-D-0037 VetFed-Pacific Tech JV 1 GS-10P-14-LT-D-0036

3. Identification of the exception to fair opportunity: Federal Acquisition Regulation (FAR) is codified under 48 C.F.R. 31. FAR Subsection 16.505 (b)(2)(i)(C)) allows for the Government to award work on a sole-source basis to existing contractor on the basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Ronsons was awarded design-build construction task order GS-10P-14-LT-D-0037/GS-P-10-15- LT-7037 to repair the roofs and replace the HVAC system at the Lynden LPOE and repair the

J&A Exception to Fair Opportunity Lynden LPOE Mold Remediation roofs, gutters, soffits at Sumas LPOE under the existing competitively awarded Service Disabled Veteran Owned Small Business set-aside Western Service Centers (WSC) Design-Build Construction Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (WSC Design-Build Construction IDIQ MATOCs) (GS-10P-14-LT-D-0034 (Burton Construction, Inc), GS-10P-14-LT-D-0035 (Macnak Construction LLC), GS-10P-14-LT-D-0036 (VetFed-Pacific Tech JV 1), and GS-10P-14-LT-D-0037 (Ronsons SDVOSB P&L JV-1) pursuant to FAR 16.505.

All Western Service Center WSC Design-Build Construction IDIQ MATOCs awardees were given a fair opportunity to be considered for the original task order and the work being added falls within the overall scope of the WSC Design-Build Construction IDIQ MATOCs and need to be solicited.

It is the GSA’s position that incorporating this work under the existing task order with Ronsons SDVOSB P&L JV-1 (Ronsons) will result in economies of scale, with both cost and time reductions as the GSA will be able to add the work to an exist task order instead of soliciting the work under a separate procurement. The work is logical follow-on road repair work that will provide both economy and efficiency to the Government. Ronsons will be performing Roofing work at both the Lynden LPOE and the Sumas LPOE, as has assembled a team of engineers, architects, roofers, laborers, and associated skill sets, equipment, and materials to perform the work within several weeks when the weather conditions are appropriate to start the existing work.

The work will be able to be performed concurrently with the existing period of performance and with anticipated cost savings realized. Ronsons will be able to take their onsite crews and perform the new work without loss of efficiency and economy. Use of another company would lead to unacceptable delays though some duplication of effort and greater costs for both management and supervision, mobilization/demobilization, extra time for soliciting and awarding a task order, as well as costs if the work is being subcontracted by a different MATOC holder.

1. Cost of storage offsite and delivery of materials to the site each day: There is limited laydown area and the majority of this space has been assigned to Ronsons Contractor as well as their sub-contractors, therefore, another vendor would have to store materials offsite and deliver them to the site each day.

2. Duplicative general purpose laborer, electricians, HVAC installer, Roofers, Fall Protection Installers: It is estimated that a 2-man crew would be required for clean-up, trash patrol and miscellaneous general tasks, a 2- man crew for electrical, 4-man crew for HVAC demo and installation, 5-man crew for roofers and 3-man crew for fall protection installation. The current contractor provides general laborers, electricians, HVAC installers, Roofers and Fall Protection Installers for all such activities and would provide economies in utilizing the current workforce and would decrease the crew size.

4. Overhead costs: An additional vendor would incur duplicative overhead costs in the area of HSPD-12 clearances of jobsite personnel, office equipment/computers, onsite storage fencing, and laydown area rental costs.

5. Superintendent/oversight/construction management costs: An additional vendor would incur duplicative costs in the area of supervision as both contractors would require Project Superintendent personnel.

6. Coordination: Due to the integration of the scope of both contracts, additional coordination meetings between the project superintendents of both contractors, Customs Border Protection and GSA could cause undue confusion and possible delays. This additional coordination would also add additional work for the client agency, Customs Border Protection and GSA in regards to scheduling and coordination of efforts of all parties involved working on site. Close coordination is the success of this project and to add additional vendors working on-site would cause additional confusion as to who is responsible for all work and coordination on site.

4. Description of the Services:

J&A Exception to Fair Opportunity Lynden LPOE Mold Remediation

Location of Work Summary Description of Work Estimated Cost Kenneth G. Ward Land Port of Entry, Lynden, WA

Provide all construction services, as necessary, to complete the mold remediation and return room to safe condition. Remove, clean and store all room contents. Some items may be deemed unsalvageable by the Government and shall be disposed. All mold affected materials shall be disposed according to state regulations.

Disconnect incinerator, palletize, remove and cover to protect from the elements. Incinerator to be recycled.

Less than $35,000.00

METAL FIXED ROOF FALL

PROTECTION ANCHOR

Compatible with 24 gauge metal corrugated roofs or thicker.

Standard product fastens through the membrane, insulation and into the metal sheathing. Zinc plated base plate with waterproof seal for membrane type roofs.

Quick and easy installation. The anchor posts are designed to tip over and the activation absorbs the energy of the fall arrest to minimize the stress on the building. Meets or exceeds all applicable industry standards with OSHA and ANSI Z359.1

MEMBRANE ROOF FALL

PROTECTION ANCHOR

Compatible with membrane roof structures. Standard product fastens through the membrane, insulation and into the metal sheathing.

Less than $54,000.00

Sumas Land Port of Entry, Sumas, WA

METAL FIXED ROOF FALL

PROTECTION ANCHOR

Compatible with 24 gauge metal corrugated roofs or thicker.

Standard product fastens through the membrane, insulation and into the metal sheathing. Zinc plated base plate with waterproof seal for membrane type roofs.

Less than $75,000.00