JA_WOSB Sole Source_FIRE SURVEYS IDIQ_FINAL_Redacted.pdf

U.S. General Services Administration (GSA) Public Buildings Service (PBS) Region (R9)

Energy & Non-Recurring Service Contracts (ENRSC) 24000 Avila Road, Ste. 4100

Laguna Niguel, CA 92677

Justification for Other than Full and Open Competition

1. Agency & Contracting Activity

General Services Administration (GSA), Public Buildings Service (PBS) Region 9, Acquisition Management Division (AMD), Building Services Branch, Energy & Non-Recurring Service Contracts (ENRSC)

2. Nature and/or description of the action being approved.

GSA PBS Region 9 is requesting to conduct a Women-Owned Small Business (WOSB) sole source award to FireTox, LLC in accordance with FAR Subpart 13.501 and authorized in accordance with 41 U.S.C. 1901, Simplified Acquisition Procedures; and in support of Federal Acquisition Regulation (FAR) Subpart 6.302-5(b)(7) – sole source awards under the Women- Owned Small Business (WOSB) Program. The requirement will be under the North American Industry Classification System (NAICS) 541690 - Other Scientific and Technical Consulting Services, which is an eligible NAICS under the WOSB Federal Contracting Program (see SBA Eligible NAICS website).

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

The U.S. General Services Administration (GSA) Public Buildings Service (PBS) Region 9 Fire Protection and Safety Branch requires fire protection facility assessments (surveys) to be conducted on GSA owned and leased buildings. The Region 9 Fire Protection and Safety Branch is responsible for ensuring all Federal buildings are provided with an adequate level of safety.

The fire protection surveys (assessments) are required to ensure GSA owned and leased buildings are in compliance with all applicable International Code Council (ICC), International Building Code (IBC), National Fire Protection Association (NFPA) Codes and Standards and GSA guidelines. The intent of the fire protection surveys is to conduct a risk assessment of the building, its life safety systems, along with the operation & maintenance operations.

The purpose of conducting the fire protection surveys is to analyze buildings, including occupancies and intended use, to determine the risk of injury, loss of life, property, or interruption of Federal tenant mission because of fire and/or safety concerns. The assessments are to address the effects of these conditions on the safe and healthful work environment for Federal employees and the visiting public. Conducting the fire protection surveys requires a licensed fire protection engineer (FPE) and/or inspection team (see section B.3.4 of the Performance Work Statement) to inspect buildings and building fire protection systems. This scope of work has been reviewed and determined it is not an A/E requirement and not subject to FAR Subpart 36.6.

Energy & Non-Recurring Service Contracts (ENRSC) 24000 Avila Road, Ste. 4100

Laguna Niguel, CA 92677

The estimated total contract value is which includes the base year and four (4) one-year options.

4. An identification of the statutory authority permitting other than full and open competition.

This acquisition will be in accordance with FAR Subpart 13.5 and authorized in accordance with 41 U.S.C. 1901, Simplified Acquisition Procedures. FAR Part 13 is exempt from the requirements under FAR Part 6; however, the Contracting Officer must prepare a Sole Source Justification using the format of FAR Subpart 6.303-2 modified to reflect the procedures in FAR Subpart 13.5. The Sole Source Justification will be publicly available (after redactions) as required by FAR Subpart 6.305(a) within 14 days after contract award (per instructions under FAR Part 13.501(a)(1)(i)-(iv)).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Firetox, LLC is a certified WOSB as of 11/23/2020 and primarily provides engineering, research, investigation, and training services. Focused service areas include fire protection engineering including fire alarm and suppression system design, life safety analysis, performance-based design, design and construction review, and general code consultation. In addition, FireTox, LLC offers services in fire science research, fire investigation training, and safety incident investigation.

Firetox, LLC has also provided the same or similar services for GSA Region 3 and 5 which were completed and resulted in an “Excellent” rating by the agency.

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 subpart 5.2 and, if not, which exception under 5.202 applies.

Efforts were made to solicit from as many potential sources as practicable through www.sam.gov (see paragraph 8). None of the exceptions in FAR Subpart 5.202 are applicable, but this requirement will be supported by this approved Justifications and Approval (J&A) which will be posted to www.sam.gov for 30 days.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer anticipates the cost for the fire survey services will be fair and reasonable and the best value to the Government. Furthermore, after receiving the contractor’s quote, determination of fair and reasonable pricing will be made using price analysis with one of the methods described in FAR Subpart 13.106-3(a)(2).

Energy & Non-Recurring Service Contracts (ENRSC)

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted.

Sources Sought Notice ID # GSAR9FIREFY23 was issued on www.sam.gov from November 28, 2022 through December 14, 2022. A draft scope of work was attached to the sources sought notice for review and to affirm contractors can meet the requirement. A total of six (6) responses was received and each response included the contractor’s capability statement to confirm they have the experience to fulfill this requirement. Based on the market research conducted, it was determined there are qualified small business concerns who can provide fire survey services.

During the routing of the GSA Form 2689 – Small Business Analysis Record through the GSA Small Business Technical Advisor (SBTA), and the Small Business Administration (SBA) Procurement Center Representative (PCR), it was requested to have this requirement as a WOSB Sole Source to Firetox, LLC since Firetox, LLC was the only WOSB who responded to the sources sought notice. Upon further discussion with the SBTA and SBA PCR, the Contracting Officer determined it was appropriate to do a WOSB sole source award to Firetox, LLC in accordance with FAR Subpart 6.302-5(b)(5).

9. Any other facts supporting the use of other than full and open competition, such as:

a. In accordance with FAR Subpart 19.1506(b) – Women-Owned Small Business Program sole-sources awards confirmed the following:

i. None of the exclusions at FAR Subpart 19.504 apply.

ii. The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement.

iii. The contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns (including EDWOSB concerns)

iv. The conditions in paragraph (c) of FAR Subpart 19.1506 exist.

b. The SBA PCR has requested this requirement be sole source to WOSB as the requirement is supported by paragraph “a” of this paragraph. Furthermore, under FAR Subpart 19.506(e), the SBA has the right to appeal the Contracting Officer’s decision not to make a sole-source award to either an EDWOSB concern or WOSB concern eligible under the WOSB program.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Vendor Address UEI Socio-Economic Status

Small

FireTox, LLC 6729 Accipiter Dr New Market, MD 21774 F84HFYAPKBT3 S, WOSB, EDWOSB, Energy & Non-Recurring Service Contracts (ENRSC)

Large

3 Small

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.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, the Contracting Agency will conduct market research again and determine whether the future acquisition should be competitive or noncompetitive.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Upon signature of the following page, the Contracting Officer, justifies that the supporting data included in the justification is accurate and complete to the best knowledge and belief.

Certification

Pursuant to FAR Subpart 13.501 in support of FAR Subpart 6.302-5(b)(7) and FAR Subpart 19.1506; and based upon the above facts, a WOSB sole source award is recommended. As the Contracting Officer, I hereby certify the justification for other than full and open competition for this requirement is accurate and complete to the best of my knowledge and belief.

ontracting Officer, AMD, Energy & Non-Recurring Services Date

Energy & Non-Recurring Service Contracts (ENRSC) 24000 Avila Road, Ste. 4100

Acknowledgement and Signatures:

Section Chief, AMD, Energy & Non-Recurring Services Date

Branch Chief, AMD, Recurring Services Date

Supervisory Procurement Analyst, AMD, Policy Branch

Date

Director & Competition Advocate, AMD Date gional Counsel Date