JOTFOC Calais IA Water Restoration 2023 03 09.docx.pdf

GSA New England Region

March 9, 2023

Subject: Justification for Other than Full and Open Competition for the Calais IA

Sewage/Water Restoration

Reference: Federal Acquisition Regulation (FAR) 6.3 Other Than Full and Open Competition

(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

The subject acquisition is contracted by the U.S. General Services Administration (GSA), Public

Buildings Service (PBS), Acquisition Management Division, 1PQC.

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

On February 7, 2023, there was a sewage backup/overflow at the US Customs and Border

Protection at 180 International Avenue, Calais, ME 04619. Approximately 6,000 SF of space was impacted by the backup. Southeast Restoration, Inc. dba AFTERDISASTER responded to perform remediation under their Blanket Purchase Agreement (BPA) 47PB0123A0001

(Schedule Contract GS-07F-0083Y).

Once the remediation is complete, GSA has a requirement to restore the Border Patrol Offices to their pre-loss condition. GSA intends to issue a stand-alone sole source contract to

AFTERDISASTER.

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

AFTERDISASTER shall provide all labor, materials, equipment, transportation, supervision, and disposal for the Calais IA water damage restoration. The project will require replacement of insulation, drywall, carpet tile, cove base. It requires dusts control, final deodorization, and cleaning.

The period of performance for this firm-fixed-price Award is expected to be 60 Calendar Days.

The estimated value of this award is $173,000.

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

The statutory authority permitting other than full and open competition is FAR 6.302-2 Unusual and Compelling Urgency.

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

DocuSign Envelope ID: B594C20D-823A-4868-A144-2A3CBECCA5BC

The overflow of water and sewage has affected the U.S. Customs and Border Protection to operate, and the following reasons support the circumstances for a sole source award to

AFTERDISASTER FAR 6.302-2 Unusual and compelling urgency.

1. CBP’s ability to fulfill its National Security mission is halted until renovations of their space is completed.

2. Life-Safety issue where speed is of the essence.

3. AFTERDISASTER has an entire mobilized staff at this remote location.

4. AFTERDISASTER is intimately familiar with the requirements.

5. AFTERDISASTER is on the Multiple Award Schedule and the Region 1 Emergency

Water Remediation BPA. The have already been vetted and have an established schedule price list.

(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.

AFTERDISASTER is currently mobilized in this remote area of Maine. Due to the urgency to restore the port back to the original conditions, a proposal for reconstruction was requested from

AFTERDISASTER. In accordance with FAR 6.305, this Justification shall be made publicly available within 14 days after contract award.

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

AFTERDISASTER is currently performing remediation work under their Blanket Purchase

Agreement. GSA has determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. GSA anticipates that AFTERDISASTER will use their schedule rates in pricing this work. GSA will consider the level of effort and mix of labor proposed to perform the work. Government can expect the outcome of the subject acquisition to provide the greatest overall benefit to the requirement, and therefore by definition, the order represents the “best value.”

(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.

Market research was conducted with the original Region 1 Emergency Water Remediation BPA award. Award will be made to Southeast Restoration, Inc. dba AFTERDISASTER as they can complete the restoration of the CBP office space expeditiously. AFTERDISASTER performed the remediation of the space and has the working knowledge and expertise to perform the reconstruction work quickly and smoothly.

(9) Any other facts supporting the use of other than full and open competition

N/A

DocuSign Envelope ID: B594C20D-823A-4868-A144-2A3CBECCA5BC

(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.

Applicable FAR procedures would be followed in subsequent acquisitions for similar services.

The circumstances described above are specific to the subject project and would not justify restricting consideration in subsequent acquisitions for similar services. However, similar circumstances specific to subsequent projects may justify limiting the source in subsequent acquisitions for similar services, provided that those circumstances also meet the conditions in

FAR 6.3.

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

I hereby certify that the justification is accurate and complete to the best of my knowledge and belief.

Sotheavy Khon

Contracting Officer

Acquisition Management Division, 1PQC

Public Buildings Service – New England Region

U.S. General Services Administration

Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Waldemar Rogowicz

Supervisory Construction Control Representative

North Service Center Branch, 1PSK

Public Buildings Service – New England Region

U.S. General Services Administration

DocuSign Envelope ID: B594C20D-823A-4868-A144-2A3CBECCA5BC

3/9/2023

3/9/2023