JOFOC - Air Quality Testing.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a) (1) J&A-20-0083

Pursuant to the requirements of the U.S. Code 41 U.S.C. 3304(a) (1) the Competition in Contracting Act (CICA) as implemented by Federal Acquisition Regulation (FAR), Subpart 6.302-1 and in accordance with the requirements of FAR, Subpart 6.303-1, the justification for the use of the statutory authority under FAR, Subpart 6.3 is justified by the following facts and rationale required under FAR Subpart 6.303-2 as follows:

1. Agency and Contracting Activity:

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ) and Office of Asset and Facilities Management (OAFM) propose to enter into a contract on a basis of other than full and open competition.

2. Nature and/ Or Description of the Action Being Approved:

Provide on-site indoor air quality testing using certified personnel in accordance with all Federal, State and local regulatory requirements. Hours of work are up to eight (8) consecutive hours, Monday through Friday between the hours of 7:00 am and 5:00 pm, holidays excluded.

3. Description of Supplies/Services:

Three Technicians One bulk asbestos sample in corridor Up to 10 Mold samples in corridor and suspect rooms Up to 10 Nuisance Dust samples in various locations Up to 20 swab samples of walls/floors for fecal coliform

• IGCE- The estimated total cost for this requirement is $5,015.00 to include all required accessories/ testing materials.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition:

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2, entitled “Unusual and compelling urgency.”

5. Demonstration that the Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires the Use of the Authority Cited:

This company is familiar with the building and the ICE area. The areas being tested are in the detention facility and the local ERO prefers not to have additional unknown people in their space.

6. Efforts to Obtain Competition:

There is ongoing construction inside and outside of this area and on a daily basis there is potentially contaminated dust, asbestos and mold in this area affecting both ICE employees and detainees. The test needs to be completed ASAP therefore ICE should consider authorizing one bid rather than wait for others. If there are hazards in this space many health issues could arise.

7. Determination by the Contracting Officer That the Anticipated Cost to the

Government will be Fair and Reasonable:

A comparison/contrast analysis was performed to determine the pricing submitted fair and reasonable. Prices of the samples were deemed fair and reasonable based on market research, and price comparisons to the other vendors with comparable items.

8. Description of Market Research (MR):

ICE utilized a company that is familiar with the building and ICE facilities. The local ERO office is comfortable with using the same company that has been there previously and knows the issues of the building and project at hand.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

With the implementation of social distancing and self-quarantine due to COVID-19, it would be difficult if not impossible to get contractors to visit the site at this time.

10. A Listing of the Sources, if any, which Expressed in Writing an Interest in the Acquisition:

None at this time.

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 Supplies or Services Required:

This OAFM requirement is for a one-time air quality testing assessment of the Federal Building. ICE-OAFM has no further plans to obtain additional testing that would require issuing another award.

APPROVAL/SIGNATURE

Technical/Requirement’s POC Certification:

I certify that this requirement meets the Government’s minimum need and the supporting data, which forms a basis for this justification, is complete and accurate.

Certified by:

Michelle Graham 3/26/2020 Michelle Graham Date Portfolio Manager

DHS-ICE-OCFO-OAFM

Facilities West

Contracting Officer’s Certification:

The Contracting Officer certifies, by signature below, that the justification is accurate and complete to the best of their knowledge and belief.

Certified by:

Robert Roberts Date

Contracting Officer Mission Support – Orlando Office of Acquisition Management (OAQ)