JA_Redacted.pdf

CUI

DEFENSE LOGISTICS AGENCY

CONTRACTING SERVICES OFFICE - PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA, PENNSYLVANIA 19111-5092

Controlled by: DLA DCSO – Philadelphia (DCSO-P)

CUI Category: PROCURE / SSEL

Distribution/Dissemination Controls: FED ONLY

POC: Charles.Fitzsimmons@dla.mil/(267) 693-6308

Controlled Unclassified Information (CUI)

Source Selection Sensitive Information - See FAR 2.101 & 3.104

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION (FAR 6.104)

Upon the basis of the following justification, I hereby approve the issuance of the contractual action described below using an exception to fair opportunity, pursuant to the authority cited herein.

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

Requiring Activity:

DLA Installation Management

700 Robbins Avenue

Philadelphia, PA 19111-5092

Contracting Activity:

DLA Contracting Service Office - Philadelphia (DCSO-P)

700 Robbins Avenue

Philadelphia, PA 19111-5092

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

Pursuant to Federal Acquisition Regulations (FAR) 6.103-2, this justification authorizes and approves the use of other than full and open competition to award a contract for DLA Troop

Support Building 6 Emergency Water Mitigation Services requirement for Naval Support

Activity (NSA). The Government intends to award a direct contract to SERVPRO for the sake of time and to decrease the presence of microbial growth. SERVPRO is presently available to offer services required within the timeframe requested as a result of these emergency mitigation services.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE):

Naval Support Activity (NSA) has a requirement for emergency water mitigation and structural drying services required at the DLA Troop Support Building 6, following a severe water damage event. The primary objective of this project is to safely and efficiently extract standing water, stabilize the indoor environment, and systematically dry the affected structural components to prevent secondary damage, structural degradation, and potential microbial growth.

The Period of Performance (PoP) will consist of a 40-day PoP from date of award.

4. AN IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.103-2, Urgent and Compelling.

SERVPRO is the only responsible source uniquely capable of, and immediately available for, performing the required emergency water mitigation services within the critical, high-priority timeframe established by DLA leadership. Due to the sudden and severe nature of the water intrusion event, immediate extraction and drying are required to prevent catastrophic structural degradation, hazardous mold growth, and the destruction of mission-essential government equipment and records. A market survey of regional mitigation contractors revealed that other local vendors lack the immediate surge capacity, specialized industrial dehumidification equipment, or the necessary security-cleared personnel to deploy to the installation. Because

SERVPRO maintains a locally prepositioned fleet, pre-cleared rapid-response personnel, and

24/7/365 mobilization protocols, they are uniquely positioned to execute immediate containment and restoration. Consequently, utilizing any other source would result in unacceptable delays, exacerbating property damage, increasing remediation costs, and severely disrupting DLA’s support to warfighter logistics.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED:

SERVPRO will be the sole provider of water mitigation services as a result of this effort.

SERVPRO has access to a nationwide network of over 2,200 franchises and dedicated Disaster

Recovery Teams capable of surging heavy industrial drying equipment to a single site within hours.

Based on the foregoing, the use of other than full and open competition is justified for the DLA

Troop Support Building 6 Emergency Water Mitigation Services requirement for Naval Support

Activity (NSA).

The nature of this acquisition is an extreme emergency driven by a catastrophic water event across a 200,000 square-foot, single-story slab-on-grade facility. With 3 to 4 inches of standing water affecting approximately 1,000 free-standing cubicles and tens of thousands of linear feet of insulated wall cavities, the Government faces a critical 24-to-48-hour window before irreversible microbial (mold) growth and severe structural degradation occur.

SERVPRO possesses unique qualifications and scale that are explicitly required to meet the demands of this specific acquisition:

1. Unmatched Industrial Surge Capacity:

The empirical drying of a 200,000 SF facility requires the immediate, simultaneous deployment of thousands of high-velocity air movers and hundreds of Large Grain Refrigerant (LGR) and desiccant dehumidifiers. Local and regional contractors do not possess this volume of equipment on hand. SERVPRO’s unique national franchise network and dedicated Commercial Large Loss

Division allow them to pool resources and surge industrial-grade equipment to the site within hours, a logistical capability that no other single local vendor can match.

2. 24/7 Rapid Response Labor Pool:

Mitigating this facility requires a massive, coordinated labor force capable of operating in 24/7 shifts to extract water, manipulate 1,000 cubicle units, and drill an estimated 50,000+ wall cavity breather holes to save the insulated drywall assemblies. SERVPRO’s Disaster Recovery Teams are uniquely structured to provide immediate, scalable emergency labor without the delays of sub-contracting.

3. Mitigation of Severe Financial and Operational Risk:

The nature of this acquisition dictates that any delay to conduct a standard full and open competition would result in the expiration of the 48-hour drying window. Failure to immediately deploy a contractor of SERVPRO's size will result in the loss of the facility's drywall, insulation, and baseboards, triggering a multi-million-dollar demolition and reconstruction project, alongside severe health and safety risks from mold contamination.

Given the immense scale of the facility and the immediate threat to Government property, SERVPRO is the only responsible source with the verified unique qualifications, equipment inventory, and personnel bandwidth capable of executing this mitigation effort within the critical timeframe.

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 FAR SUBPART 5.2 AND IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES:

Based on market research and the critical nature of the active emergency, it was determined that the water mitigation and restoration requirement must be fulfilled immediately to prevent catastrophic facility damage and mold proliferation.

Due to the urgent and compelling nature of this situation, SERVPRO is the only source capable of mobilizing the specialized industrial equipment and certified technicians within the required emergency window. Utilizing any other source would result in unacceptable delays, exacerbating structural degradation, compromising indoor air quality, and severely impacting ongoing mission-critical operations.

SERVPRO is the only source available and capable of providing the required services in a timely manner as projected. This requirement will be issued as a sole source to SERVPRO via direct email solicitation. Only SERVPRO will be afforded an opportunity to respond.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

As the Contracting Officer, I hereby determine that anticipated cost to the Government will be fair and reasonable based on price analysis in accordance with FAR 15.404-1. It is anticipated that the Government will use various price analysis techniques including, but not limited to: 1) comparison with competitive published price lists (FAR 15.404-1(b)(4); and 2) comparison of proposed prices within prices obtained through market research of the same or similar items

(FAR 15.404- 1(b)(6) in order to obtain a fair and reasonable price.

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:

In accordance with FAR 10.001(a)(2), market research was conducted appropriate to the extreme urgency and circumstances of this requirement. Due to the immediate threat of catastrophic structural degradation and toxic microbial growth, formal market research (such as posting a

Sources Sought or Request for Information on SAM.gov) could not be conducted, as the standard

15-to-30-day response window would result in the total loss of the facility's interior architecture.

Expedited market research was conducted via internet searches of local/regional commercial restoration providers / telephone inquiries to local water mitigation firms / review of historical disaster response contracts .

The results of this expedited market research determined the following:

1. Limitations of the Local Market:

While the local market contains numerous water damage restoration companies, the vast majority operate on a residential or light-commercial business model. The market research revealed that local and regional competitors do not possess the on-hand equipment inventory

(estimated at over 1,000+ commercial air movers and 150+ Large Grain Refrigerant/Desiccant dehumidifiers) or the surge labor capacity required to extract water and ventilate a 200,000 square-foot facility simultaneously.

2. Time constraints on Equipment Pooling:

While other national franchises exist, inquiries and market knowledge indicated that coordinating a multi-state equipment pool through smaller franchises would take an estimated 3 to 5 days to arrive on-site. This timeframe falls outside the critical 24-to-48-hour emergency drying window necessary to prevent the requirement for a multi-million-dollar demolition of the affected drywall and insulation.

3. Results:

Based on the market research, SERVPRO’s Commercial Large Loss Division was the only source identified that possesses both the localized footprint and the pre-staged, national-level disaster response assets necessary to mobilize an industrial-scale response to this specific location within 24 hours. Therefore, it was determined that no other vendor could meet the

Government's requirements without causing unacceptable delays and exponentially increasing the overall cost of the disaster.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

N/A

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

N/A

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:

The barrier to competition for this specific requirement is strictly driven by the extreme urgency of the water damage event and the immediate threat to Government property, rather than a long-term reliance on a single vendor. To remove barriers to competition for subsequent acquisitions of this nature, the Agency will take the following actions:

1. Competitive Acquisition of Phase II (Reconstruction):

This sole-source action is strictly limited to Phase I (Emergency Mitigation, Water Extraction, and Structural Drying). Because this emergency action will successfully stabilize the facility, Phase II of the recovery process (which includes the permanent tear-out and replacement of the commercial carpet, drywall repair, and repainting) will be conducted under standard procurement lead times and will be subject to full and open competition.

2. Establishment of Pre-Positioned Contract Vehicles:

To prevent the need for future emergency sole-source actions regarding large-scale disaster recovery, the Agency will conduct comprehensive market research during standard operational periods to identify all national-level commercial large-loss restoration providers (such as Belfor

Property Restoration, Interstate Restoration, and Paul Davis National). The Agency will explore the feasibility of establishing Multiple Award Blanket Purchase Agreements (BPAs) or

Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts with several of these qualified vendors.

This will ensure that future emergency disaster responses can be competed rapidly among a pool of pre-vetted, industrial-scale contractors.

3. Development of Standardized Emergency Statements of Work:

The Agency will utilize the empirical drying standards, performance metrics, and Scope of Work developed during this incident to create a standardized "Large-Loss Water Mitigation

Performance Work Statement." Having this document pre-drafted will significantly reduce future procurement administrative lead time (PALT), allowing the Government to rapidly compete future disaster response requirements.

DLA will continue to conduct market research and monitor industry developments to increase competition in future acquisitions and reduce reliance on proprietary solutions where feasible.

12. CERTIFICATIONS:

Requirements/Technical Certification:

I hereby certify that the supporting data provided for which I am responsible, and which form a basis for this justification are complete and accurate.

Contracting Officer Certification:

In accordance with FAR 6.104-2, I have determined that FAR 6.103-2 applies and I approve this justification.