Justification for Other Than Full Open Competition SIgned.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency and Activity (FAR 6.103-2) (Deviation RFO-2025-06)

The General Service Administration (GSA), Public Building Service (PBS), Office of Acquisition Management, Acquisition Project Delivery Contracting Division - West, intends to award a contract using other than full and open competition.

Justification for other than full and open competition in accordance with FAR 6.103-2 (GSA Class Deviation RFO- 2025-06).

2. Nature of Action Being Approved & Description of Supplies or Services (FAR 6.104-1(a)(2)) and (FAR 6.104-1(a)(3)) (Deviation RFO-2025-06)

This justification authorizes a contract award to ATI Restoration, LLC (ATI Restoration), UEI PF7GKP1KLLJ2, for the Emergency Water Leak Remediation Services project at Chet Holifield Federal Building, 24000 Avila Road, Laguna Niguel, CA. This contract is being established for Immediate Water Mitigation & Structural Stabilization.

On January 30, 2026, an eight (8)-inch main sprinkler pipe burst on the first floor in Suite 1700, resulting in significant flooding affecting 100,000 square feet of occupied space. The incident was discovered by the Operations and Maintenance (O&M) contractor, King & George, at approximately 11:00pm; GSA facility personnel were immediately notified.

Due to the scale of flooding, the presence of asbestos-containing materials within the affected area, and the need for immediate stabilization efforts, ATI Restoration was identified to perform emergency mitigation and remediation services.

The scope of ATI’s water remediation services includes the following:

Phase 1: Initial Emergency Drying and Extraction Phase 2: Ongoing Structural Drying and Monitoring Phase 3: Remaining Clean-Up Efforts (Remediation)

3. Estimated Dollar Value: The Government estimate is $980,000.00

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.104-1(a)(4)) (Deviation RFO-2025-06) FAR 6.103-2 (Deviation RFO-2025-06), Unusual and Compelling Urgency (41 U.S.C. 3304(a)(2))

This authority permits contracting without full and open competition when the agency's need for supplies or services is of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

revised 08/26/2024

Docusign Envelope ID: 6632AB1E-C253-8326-818C-12E0952160CC

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.104-1(a)(5)) (Deviation RFO-2025-06)

ATI Restoration has extensive knowledge of the federal building, ability to quickly mobilize, security clearances, and special capabilities to perform emergency water leak remediation at the Chet Holifield Federal Building.

Having dealt with remediation at the building previously, ATI Restoration is familiar with the building where work will be performed.

ATI Restoration can provide immediate manpower and has the ability to deploy more than thirty-five (35) + technicians within 48 hours. ATI Restoration also has specialized equipment such as industrial-grade dehumidification, moisture mapping infrared tech, and HEPA-filtration systems at scale on hand.

The O&M provided the initial emergency response and identified ATI Restoration as the subcontractor to support their response. Having the demonstrated capabilities, resources and experience in the building, ATI Restoration is identified as a capable source to support this requirement. This project is considered unusual and compelling urgency. Without professional remediation, the facility faces imminent risk of permanent structural degradation and toxic mold proliferation, which would result in "serious injury" (financial and operational) to the Government. The facilities team noted ATI Restoration LLC’s unique ability to manage the "unknown extent" of damage without requiring extensive sub-contracting delays. The primary objective is to stabilize the environment as early as possible to mitigate water damage and mold development.

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 FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.104-1(a)(6)) (Deviation RFO-2025-06)

The O&M initially subcontracted ATI Restoration to support the initial emergency response due to their capabilities, ability to immediately resource the work, knowledge of the building and demonstrated past success on similar work. The response is larger than originally anticipated and requires additional support. Based on the fact that ATI Restoration supported the initial response and carries the intricate knowledge of the project history and existing conditions, they were identified as a capable source to support this requirement: the Office of Facilities Management and the Acquisition Project Delivery Contracting Division - West did not solicit available capabilities from industry for the emergency water leak remediation under the exception of FAR 5.202 (a)(2). Soliciting additional sources would result in unacceptable delays, which would cause permanent structural degradation and toxic mold proliferation.

A competitive procurement is not feasible given the timeline constraints of structural degradation and toxic mold buildup if the water leak is not addressed immediately. Any competitive procurement would require extended solicitation periods for multiple contractors to assess the water leak. Additionally, most contractors are reluctant to assume the substantial risks associated with a water leak without the immediate equipment readily available, further limiting the pool of willing and capable sources.

This could create inconsistent baseline assumptions and complicated evaluation, price negotiations, and post-award execution. These complications, combined with multiple bidders making different assumptions about existing conditions and execution methods, would significantly extend the procurement timeline beyond the planned award timeline. The Government has identified ATI Restoration as the firm with the capabilities of meeting the immediate requirements without these competitive procurement risks.

Other contractors performing in California may possess general capabilities or security clearances individually, but ATI Restoration combines immediate availability of cleared personnel, willingness to assume project risks, and proven performance on prior GSA detention facility projects. This combination of qualifications makes ATI Restoration the identified source capable of meeting the critical timeline.

Due to their initial involvement with the emergency response, having ATI Restoration bid the project would reduce assumption discrepancies and scope interpretation risks. ATI Restoration's experience with GSA under prior and active contracts provides familiarity with operational requirements, minimizing execution risks from multiple contractor evaluations and varying project interpretations.

revised 08/26/2024 2

7. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable (FAR 6.104-1(a)(7)) (Deviation RFO-2025-06)

The Contracting Officer determines that the anticipated price will be fair and reasonable based on a detailed price analysis. ATI Restoration’s proposed price will be reviewed by the Contracting Officer and GSA personnel with technical expertise and compared against the Independent Government (IGE). Prior to award of the proposed contract, price information shall be obtained from the contractor, and a price analysis will be conducted and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.104-1(a)(8)) (Deviation RFO-2025-06)

Market research was conducted by the Contracting Officer. Based on the market research conducted, ATI Restoration LLC was identified to provide the immediate, high-capacity response necessary to prevent further damage based on the follow:

The first phase of market research involved immediate internal coordination between the Operations & Maintenance (O&M) first responders (King & George) and the GSA Facilities Management team.

● Capability Gap Analysis: The team discussed the size and scale of the eight-inch main fire sprinkler pipe burst to determine if internal resources or the existing O&M contract could handle the remediation.

● Determination of Scope: It was determined that the scale of flooding (approximately 100,000 square feet) and the presence of asbestos-containing materials in Suite 1700 required specialized expertise beyond standard maintenance capabilities.

Based on the nature of the requirement, the search focused on firms with proven capacity for large-scale mobilization.

● Past Performance Review: The Facilities Management team reviewed historical data and documented success with similar large-scale remediation projects at this specific location.

● Knowledge of Facility: ATI Restoration LLC was identified due to their extensive knowledge of the Chet

Holifield Federal Building's unique characteristics and their ability to navigate the complex environment without sub-contracting delays.

Market research indicated that local Small Business (SB) set-asides were not feasible due to:

● Inventory Constraints: The scale of equipment required (including 200+ pieces for drying and testing) exceeded current local SB inventory.

● Time-to-Mobilization: Risk mitigation for toxic mold proliferation required a provider already vetted and ready for immediate deployment.

This acquisition is conducted under the FAR Part 6.103-2 Unusual and compelling urgency, prioritizing the preservation of the facility over traditional protracted competition cycles.

9. Any other facts supporting the use of other than full and open competition (FAR 6.104-1(a)(9)) (Deviation

RFO-2025-06)

The Chet Holifield Federal Building is scheduled for sale and final conveyance to new ownership by early June 2026. The Government has a pending $146.4M+ interest in the sale of this property. Failure to remediate the water intrusion and maintain the facility's condition immediately would likely be viewed as a material change in the property's status. This could empower the purchaser to renegotiate for a significantly lower sale price, delay the closing indefinitely, or seek legal remedies for breach of the conveyance terms. Without immediate professional remediation, the facility faces imminent risk of potential lost in sales.

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Market research and historical data indicate that every 24-hour delay in water mitigation leads to a non-linear increase in remediation costs as moisture penetrates deeper into the building's 1,000,000 square foot envelope. A stoppage in services now would transition this project from a standard mitigation effort to a much more costly and protracted restoration and hazardous material abatement project, further draining Government resources and jeopardizing the firm June 2026 transfer deadline.

The selection of ATI Restoration ensures that remediation remains continuous, leveraging their pre-existing mobilization and building knowledge to avoid the high costs of operational failure and mission displacement.

10.A listing of any sources that expressed a written interest in the acquisition (FAR 6.104-1(a)(10)) (Deviation

RFO-2025-06)

ATI Restoration verbally confirmed its capability and availability to continue the remediation effort within the required timeframe.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.104-1(a)(11)) (Deviation RFO-2025-06)

It is acknowledged that competitive procurement is a priority and that this award is justified only by the unusual and compelling urgency of this specific requirement. This procurement addresses emergency water leak remediation services with significant timeline constraints. Given the urgency of accomplishing this requirement, there are no actions that can be taken to remove or overcome the existing barriers to competition for this specific acquisition.

Competition among qualified sources will be utilized for all future requirements unless a valid justification such as this one exists.

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition for future acquisitions for these products or services.

12.Research to support the facts presented for the justification above

Approved acquisition plan and market research. See attached.

13.CERTIFICATIONS (FAR 6.104-1(a)(12)) (Deviation RFO-2025-06) (See, FAR Part 6.104-2 for approval thresholds and FAR Part 6.301 availability of the justification)

Contracting Officer: I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Signature Date

Name: Fang Vilaylak-Tanthum

Title: Contracting Officer, Acquisition Project Delivery Contracting Division – West, Branch D (PQCD) revised 08/26/2024 4

5/28/2026 | 16:41:15 BST

14.CONCURRENCE/HIGHER LEVEL APPROVALS

Concur: One-Above the Contracting Officer

Name: Henry Huynh

Title: Branch Chief, Acquisition Project Delivery Contracting Division – West, Branch D (PQCD)

Approved: Director, Acquisition Project Delivery Contracting Division - West (PQC)

Name: Doreen Waltrich

Title: Director, Acquisition Project Delivery Contracting Division - West (PQC)

Approved: Office of Small Business

Name: Albert Garza

Title: Small Business Technical Advisor

Concur: Office of General Counsel

Name: Maria DiGiovanni

Title: Attorney - Adviser (General)

Approved: Competition Advocate

Name: Jackie De Simone

Title: Acting Director of Policy and Programs / OAM revised 08/26/2024 5

5/28/2026 | 16:43:13 BST

5/28/2026 | 16:43:55 BST

5/28/2026 | 17:29:15 BST

6/2/2026 | 12:14:05 BST

6/2/2026 | 12:29:49 BST

Certificate Of Completion Envelope Id: 6632AB1E-C253-8326-818C-12E0952160CC Status: Completed

Subject: Complete with Docusign: Justification for Other Than Full & Open Competition.pdf

Source Envelope:

Document Pages: 5 Signatures: 6 Envelope Originator:

Certificate Pages: 2 Initials: 0 Fang Vilaylak-Tanthum

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EnvelopeId Stamping: Enabled

Time Zone: (UTC) Dublin, Edinburgh, Lisbon, London

1800F F St NW

Washington DC, DC 20405 fang.vilaylak@gsa.gov

IP Address: 136.226.18.182

Record Tracking Status: Original

5/28/2026 4:35:08 PM

Holder: Fang Vilaylak-Tanthum fang.vilaylak@gsa.gov

Location: DocuSign

Security Appliance Status: Connected Pool: FedRamp

Signer Events Signature Timestamp Fang Vilaylak-Tanthum fang.vilaylak@gsa.gov

US General Services Administration

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 136.226.18.182

Sent: 5/28/2026 4:40:49 PM

Viewed: 5/28/2026 4:41:10 PM

Signed: 5/28/2026 4:41:15 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Henry Huynh henry.huynh@gsa.gov

US General Services Administration

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 47.153.152.124

Signed using mobile

Sent: 5/28/2026 4:41:16 PM

Viewed: 5/28/2026 4:43:04 PM

Signed: 5/28/2026 4:43:13 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Doreen Waltrich doreen.waltrich@gsa.gov

AMD Director

US General Services Administration

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 136.226.18.212

Sent: 5/28/2026 4:43:16 PM

Viewed: 5/28/2026 4:43:44 PM

Signed: 5/28/2026 4:43:55 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Albert Garza albert.garza@gsa.gov

US General Services Administration

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 136.226.19.74

Sent: 5/28/2026 4:43:56 PM

Viewed: 5/28/2026 5:22:18 PM

Signed: 5/28/2026 5:29:15 PM

Electronic Record and Signature Disclosure:

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Signer Events Signature Timestamp Maria DiGiovanni maria.digiovanni@gsa.gov

US General Services Administration

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 136.226.21.23

Sent: 5/28/2026 5:29:17 PM

Resent: 5/29/2026 11:39:44 PM

Resent: 6/1/2026 5:11:34 PM

Viewed: 6/2/2026 12:13:52 PM

Signed: 6/2/2026 12:14:05 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Jackie De Simone jacqueline.desimone@gsa.gov

US General Services Administration

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 107.77.202.13

Signed using mobile

Sent: 6/2/2026 12:14:07 PM

Viewed: 6/2/2026 12:29:32 PM

Signed: 6/2/2026 12:29:49 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

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Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/28/2026 4:40:50 PM

Certified Delivered Security Checked 6/2/2026 12:29:32 PM

Signing Complete Security Checked 6/2/2026 12:29:49 PM

Completed Security Checked 6/2/2026 12:29:49 PM

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