JOTFOC_Chillers_redacted.pdf

Justification for an Exception to Fair Opportunity US Courthouse, Chiller Replacement

501 W. 5th St Austin TX 78701

1. Identification of the agency and the contracting activity: Prepared by General Services Administration, Public Buildings Service; Acquisition Management Division (7PQC).

2. Nature and/or description of the action being approved: This is a new firm fixed price task order against an existing multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract for the emergency demolition and replacement of two (2) 300 ton chillers with ancillary chilled water and condenser water pumps and install (2) 350 ton chillers with ancillary chilled water and condenser water pumps.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value): The project consists of all work necessary to complete the demolition and replacement of two (2) 300 ton chillers with ancillary chilled water and condenser water pumps and install two (2) 350 ton chillers with ancillary chilled water and condenser water pumps. The Independent Government Estimate (IGE) is . Upon completion, the chillers will be connected to the common building chilled and condenser water loops and Building Automation System (BAS). The current Building Control Unit (BCU) part is inoperative and no longer manufactured. Without this part, the BAS cannot 'speak' to the Chillers. Without a BCU the central plant will be inoperable and the building becomes uninhabitable.

The only building chiller that can handle the normal load continues to fail, and the other chiller is useless because its parts had to be cannibalized to keep the other chiller working. To prevent a potential breakdown, GSA is renting a used chiller as a temporary replacement at a daily cost of $1,000.00. In order to meet the agency’s urgent need for replacement as quickly as possible, a determination was made to select a contractor from the current IDIQ contracts and procure as an exception to fair opportunity.

4. Identification of the exception to fair opportunity and the supporting rationale: FAR 16.505(b)(2)(i)(A) – The agency's need for the supplies or services is critically urgent to the point that providing a fair opportunity would result in unacceptable delays. Attempts to repair the system revealed that further repairs are not feasible and that it would be more economically feasible to replace the units. Weil Construction was selected from the pool of Fort Worth next generation IDIQ contractors to perform the work due to their having necessary equipment readily available in the area that would otherwise have a lead-time of 8-12 weeks to obtain, their familiarity working with GSA systems and equipment, their ability to begin the work immediately, and having a proven record for successful project completion which is critical in this situation. The extremely short period of performance and the urgency for the chiller replacement doesn’t lend itself to utilizing multiple contractors in a competitive procurement or working with a contractor unfamiliar with working in the Austin-area that may not have established subcontractor relationships. It is imperative that the chillers be replaced as soon as possible.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The Independent Government Estimate (IGE) was developed by the PBS construction estimator, and approved by the Construction Control Representative Project Manager, based on the scope of work provided by and discussed with building manager and will be used for negotiating with Weil Construction, if necessary. Price analysis will be performed using the IGE as the basis for comparison. Attempts to repair the system revealed that it would be more economically feasible to replace the units.

6. Other facts supporting the justification: GSA is paying $1,000.00/day for the temporary replacement, and needs to get the new chillers in place and operational as soon as possible to prevent additional expense. Normally, there is an 8-12 week delivery time for chillers. The next available production date was end of August, with an estimated two week shipping and delivery once off the production line. Weil Construction has found a supplier that currently is holding two chillers until an award can be made, which needs to be done as quickly as possible. The exception to fair opportunity is necessary to prevent the extremely long lead time for the next available ones off the production line.

7. Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to an exception to fair opportunity before any subsequent acquisition for the supplies or services is made: This is an unusual situation that is not anticipated to occur again, therefore, there are no actions to be taken.

8. Contracting Officer Certification:

I hereby certify that the above information is accurate and complete to the best of my knowledge.

Contracting Officer (7PQC)

9. Technical/Requirements Certification:

I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

J , Project Manager (7PADW)

CONCURRENCES/APPROVALS:

Branch Chief

Director

Legal Counsel

Competition Advocate