JOTFOC Sole Source TKE_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NOLA Judges Elevators

500 Poydras Street, New Orleans, LA 70130

1. IDENTIFICATION AND DESCRIPTION OF ACTION BEING APPROVED:

The proposed action is a Sole Source procurement for the elevator modernization at the Hale Boggs Federal Courthouse (LA0085ZZ). It is anticipated that a contract will be awarded to TK Elevator Corporation (TKE). The rationale for this action is detailed in the paragraphs below.

2. DESCRIPTION OF SERVICES REQUIRED:

The General Services Administration (GSA), Public Buildings Service (PBS) Region 7 (7PQC), has a construction project for the modernization of 4 existing Judges’ elevators at the Hale Boggs Federal Courthouse; 500 Poydras Street, New Orleans, LA 70130. The modernization of these vertical transportation systems is necessary to comply with existing elevator codes, the associated American with Disabilities Act (ADA), and life safety requirements.

Estimated Value of this procurement:

3. IDENTIFICATION OF STATUTORY AUTHORITY:

Citation: 41 U.S.C. 3304(a)(1). Per FAR Clause 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

4. DEMONSTRATION THAT THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED:

Elevator systems are a critical part of the building infrastructure and are also a Life-Safety system, which requires the Government to have the ability to monitor and communicate directly with the contractor performing the elevator work. TKE is currently performing ongoing elevator maintenance functions at this location. Additionally, TKE currently has an ongoing contract at this location for the modernization of 10 passenger elevators and 1 freight elevator under a contract awarded on May 9, 2022, with a current completion date of November 6, 2024.

It is highly recommended that GSA solicits the procurement of the construction project for the modernization of 4 existing Judges’ elevators at the Hale Boggs Federal Courthouse as a sole source to TKE based on the following:

1. Clearances and personnel cost savings. Having TKE perform the follow on part of this project reduces the GSA manpower costs of obtaining additional security clearances for new personnel. The Government would also save on additional site visits, meetings, and the onboarding of personnel required to award a new contract for these services.

2. As stated previously, TKE is currently performing the elevator modernization at this location. All of the elevators in the building operate on an interconnected system. The modernization of the 4 existing Judges’ elevators at the Hale Boggs Federal Courthouse must be coordinated with the ongoing modernization contract to ensure the elevators are functioning correctly. Therefore TKE, who is currently performing the elevator work at this location, is the only contractor that can perform this requirement to ensure proper connectivity. The Judicial Elevator Modernization Project will only be successful if these functions are well managed and coordinated together by the same contractor. It is the opinion of the Project Team that if this procurement is solicited to the open market and another contractor is selected, continuity will be lost by adding an additional set of contractor personnel doing identical work in the same building. Also, if another manufacturer was selected, we could potentially have two different elevator companies in the building. This would cause prices to rise, double the number of security clearances, require double the number of spare parts to be stocked, and cause confusion with building management and tenants about which vendor to call when there are callbacks.

3. It is in the best interest of the government to have only one contractor responsible for all the repairs and modernizations in the Hale Boggs Federal Courthouse to avoid conflicts regarding maintenance and warranty requirements. The Project Team intends to include the new requirements and work in concert with the current elevator work. The inclusion of any other contractor besides TKE could cause unwarranted delays and confusion.

5. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS PRACTICABLE:

This is a Sole Source justification. The intent is to award a contract to one firm and no other sources will be solicited.

6. DETERMINATION THAT THE COSTS ARE FAIR AND REASONABLE:

A comparative analysis of the contractor’s proposed price will be compared to the Independent Government Estimate (IGE). Additionally, historical pricing for other elevator modernization projects in the region is available for further price analysis. If required, negotiations will be conducted with the contractor to ensure pricing is fair and reasonable.

7. DESCRIPTION OF MARKET SURVEY CONDUCTED:

Due to the ongoing elevator modernization project currently being performed by TK Elevator Corporation at the Hale Boggs Federal Courthouse, it is recommended that this project be procured as a Sole Source to TK Elevator Corporation. Market Research Report can be found in the contract file.

8. OTHER FACTS SUPPORTING OTHER THAN FULL AND OPEN COMPETITION:

N/A

9. LIST OF SOURCES THAT EXPRESSED AND INTEREST IN THE ACQUISITION:

The firm that will be solicited:

TK Elevator Corporation 4355 Excel Pkwy. Ste. 800 Addison, TX 75001

UEI: CJBJVHUSXAF8

10. STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION:

N/A

11. 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.

Date GSA Elevator SME, 7PMC

12. Contracting Officer Certification:

Upon the basis of the foregoing findings, I hereby determine that the actions taken under this acquisition meet the conditions prescribed in FAR 6.302-1 and the source specified precludes full and open competition. It is in the best interest of the Government to procure these services for the modernization of 4 existing Judges’ elevators at the Hale Boggs Federal Courthouse from TK Elevator Corporation (TKE).

The information contained in the justification for other than full and open competition is accurate and complete to the best of my knowledge.

Contracting Officer, 7PQC

CONCUR:

Branch Chief, 7PQC

Legal Counsel, LD7

AMD Director, 7PQ

APPROVAL:

Competition Advocate,