JFOC - Guangzhou Interim Roof and Facade Repair_copy_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. Identification of the agency and the contracting activity:

I recommend that Consulate General Guangzhou use other than full and open competition for the acquisition of a construction services to support the interim repair of Building B Roof and Façade project. The period of performance is 6 months. The estimated cost is $1.6 M.

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

This procurement request covers construction activities for the U.S. Consulate General Guangzhou’s Minor Construction and Improvement (MCI) program interim repair of the Consulate Office Building (COB) Building B Roof and Façade Project. Since COB completion in 2013, the stone rain-screen-facade system has been compromised and experienced chronic problems, creating a life safety issue. Subsequent investigations have determined that as many as 2500 stones were incorrectly installed. Also, this was once again verified by the Overseas Buildings Operations (OBO) Safety, Health and Environmental Management (SHEM) October 2023 visit, as a major safety hazard. Embassy Beijing had multiple attempts to engage the Peoples Republic of China (PRC) Ministry of Foreign Affairs (MFA) seeking their necessary concurrence and approval of a larger and more comprehensive OBO COB Building B Roof and Façade Project, however, PRC has repeatedly linked OBO’s project to significantly PRC larger projects at the PRC’s Embassy in Washington DC, which the Office of Foreign Missions (OFM) will not support. As reported in follow-up Embassy Beijing and MFA meetings in October, November 2023 and February, May 2024, these positions expressed by the PRC and OFM have not changed, and post does not anticipate resolution. With OBO support, post proposed a smaller scale interim repair of the roof and façade project that would not require PRC approval and post has secured OBO Special Projects Coordination (SPC), Roof Program, and Design Engineering (DE) approval, a Building Permit, and MCI funds. The goal is to start work by the rainy season in late August 2024 - Full and Open competition would mean we would miss this deadline and would mean experiencing another rainy season posing significant safety hazards to post.

3. A description of the supplies or services required to meet the agency’s needs.

To immediately require a qualified firm to provide all construction services that meets post, OBO Roof Program, Special Programs Coordination (SPC), and Design Engineering (DE) requirements specified in the design.

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

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

The vendor Huibo, is our current supplier and has an established relationship with post providing design and construction services. This firm is uniquely qualified and developed a unique repair protocol used since 2013 on two other buildings. With their unique repair method, no other roof or tile issues have experienced problems on these other buildings. The building in question, was designed in 2008 by Skidmore, Owings & Merrill (SOM) as a “one of a kind” stone-clad structure with a curved shape roof edge as well as the inward cant along the east façade. The stone tiles, measuring typically 5 inches by 20 inches and weighing nearly 10 pounds are now falling from their original mechanical fixtures.

The vendor has a unique knowledge of the consulate roof and tile systems which are “one-of-a-kind” system that is very exceptional. It is key to note this firm also completed the arduous A/E design for this project and is familiar with all design requirements. The design package was reviewed by OBO subject matter experts (SME) since January 2024 and provided a Building Permit.

Because the existing stone tiles are a serious safety concern and falling now, we anticipate the rate of tile failures to increase as the original adhesive that held the tiles was the wrong type of bonding material, as confirmed by OBO. The average rainfall in Guangzhou is 74 inches per year, and with each heavy rain in South China, there are possibilities that more tiles are expected to fall with great frequency creating a dangerous situation. Because PRC approval of the permanent replacement project and our own design timeline, we do not see other methods that can address this issue in an immediate and responsive manner. Further delays risk serious injury or even death of not just consulate staff but consulate customers applying for visas or passports as the falling tile risk area is directly threatening the waiting areas. This risk of bodily injury or death will jeopardize the consulate’s goal of adjudicating 1,000,000 visas a year with an estimated consular revenue stream of over USD 180M annually. Most importantly, bodily injury or fatality caused by a falling tile would cause a major international incident jeopardizing our tenuous bilateral relations with the PRC that are only now beginning to thaw.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., revised blanket waiver in

Other firms were solicited, in considering the latest SHEM inspection visit, for safety reasons the POSHO and SHEM Committee recommends that this safety deficiency be addressed immediately. Huibo can provide the A/E design and has the technical knowledge and skill that meets post requirements to resolve this urgent and critical safety need of NCC mission.

public notice will not be publicized on the Federal Business Opportunities website.

Per FAR 5.202(a)(2) the proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. The cost is fair and reasonable.

The Facility Manager, the Facility Management (FAC) engineers, Consul General, Post Management, RSO, Embassy Beijing, and OBO Building Permitting Team, which involves SPC, OBO Roof Program, and Design Engineering (DE), have reviewed the project proposal and concluded it is in the interest of the government that the construction project proceed immediately. Huibo not only have an approved and permitted design but also provided a sample mock-up of the construction work. Huibo has performed similar work on other buildings on the compound and thus is well placed to perform this work.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

A survey of local firms revealed no other vendors are capable of performing the construction within the specified delivery period due to the uniqueness of the building, the requirement to produce the desired outcome in construction in accordance with the rigorous safety requirements

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION

I certify that this submission is accurate and complete to the best of my knowledge and belief.

SIGNATURE:

Date Contracting Officer

APPROVALS

BRANCH CHIEF

SIGNATURE:

Date

Branch Chief

LEGAL SUFFICIENCY REVIEW

This justification is hereby determined to be legally sufficient.

SIGNATURE:

7/22/2024

07/22/24

7/19/2024