SSJ FY20-00357 Fence Maintenance.pdf

Sole Source Justification for Simplified Acquisitions (over $3,000 up to $250,000)

POP 203

OPOAM 3013.106-1(b)(1) Sole Source Justification (SSJ)

For Simplified Acquisitions (over the micro-purchase threshold and up to the Simplified Acquisition Threshold (SAT) pursuant to FAR 13.106, including Brand Name

SSJ No.: FY20-00357

Date: 09/25/2020 PR Number: 1921202DD000P0034

1. Nature and/or description of the item/service being procured and its intended use (including the anticipated cost):

The FPS has determined that in response to continuing security threats to the Hatfield US Courthouse Portland, OR 97204, its occupants, and as an additional countermeasure to protect our first responders assigned to defend the federal complex at this time, FPS requires the continued deployment of an anti-personnel security fence. This justification covers the ongoing maintenance of the security fence.

The Anti-Personnel Security Fence is designed and engineered to prevent and defend against personnel attempting to cause damage to one of our federal facilities. Each section must be at least 8 feet tall. Each section must be conjoined and interlocked with each adjoining panel by reinforced brackets and bolted together. Each panel must rest on top of a three-foot base, designed to allow the weight of a potential climber to further strengthen the fence. Additionally, each section shall include heavy-duty steel mesh within each panel has been designed to prevent a potential climber from gaining either a hand-hold or a foot hold, thereby rendering the climber unable to broach the fence. The fence must also be designed to prevent pull-downs and can withstand a vehicle penetration attempt at 30 miles per hour. The FPS considers the usage of this fence not only critical in order to protect the federal complex, but more importantly the safety of our first responders who will be inside of the fence serving as a last line of defense. This fence has experience continued abuse and damaged by protesters at the site. It has necessitated the vendor leaving welders on-site to provide ongoing repairs to the fence. At the peak of the unrest, the vendor needed to hire additional vendors to keep up with the level of damage at the site.

The instant requirement is for the contractor to provide all required management, personnel, materials and equipment to provide continued repair and support of the 1, 000 linear feet of the fence and gates at the Hatfield US Courthouse, including:

• 4 pedestrian gates, 1 at each corner by sidewalk ADA ramps.

• 2 vehicle entrances, 1 on the north side of the facility and 1 on the east.

• 1 loading dock entrance on the east side of the facility”

The anticipated cost of this procurement is: $435,000.00.

OPOAM 3013.106-1(b)(1) Sole Source Justification (SSJ)

For Simplified Acquisitions (over the micro-purchase threshold and up to the Simplified Acquisition Threshold

2. Sole Source Justification Rationale in accordance with FAR 13.106-1(b)(1)(i) and (ii). (Check one and explain below):

____X___ Only one source reasonably available.

_________ Urgent and compelling circumstances exists.

_________ Exclusive licensing agreement exists.

____ ___ Brand name. If the brand name requirement applies to a portion of the procurement, please identify that portion.

_________ Industrial Mobilization _________ Other. Explain:

The fence in question is the property of Premier Global Production. FPS conducted market research for the initial need in July 2020. FPS’ contacted vendors in the security fencing field. Only Premier Global Production Company, Incorporated indicated they could meet the requirement.

The FPS purchased an identical 2,800 linear feet of this specialized fence in 2004 specifically for the RNC and DNC conventions that year. FPS considers the Anti-Security Fence a vital countermeasure for these types of activities, having successfully used it in the preceding conventions in 2004, and 2008, the G-8 NATO Summit in Chicago, the G-20 Summit, the WTO, the IMF Assembly, and the two previous Presidential Inaugurations. The FPS has determined that rental of an identical fence will meet FPS’ urgent and compelling need as the FPS owned fence is located in Virginia and an identical fence can be rented from Illinois, significantly reducing the timeframe with delivery of the fence to Portland, OR given the urgent nature of this procurement.

Premier Global Production Company, Incorporated, is the only known vendor capable of providing the required management, shipping, loading, constructing, inspecting, deconstructing, and return shipment of the Anti-Personnel Security Fence due to a combination of the urgent and compelling circumstances surrounding this procurement as well as the vendor’s unique capabilities of providing this service as described below:

• The manufacturer cannot guarantee the reliability of the product when moved or assembled by other than company technicians.

• Each day, company technicians inspect each panel, bracket and support for defect and/or damage. If any are noted, they immediately repair or replace the affected piece.

• The manufacturer continues to replace all of the bolts and connectors.

• During the protest, the manufacturer has maintained a constant crew of technicians and a supervisor to make any immediate and on the spot repairs as a result of damage or attempted penetrations. When doing so, the technicians also inspect for weakening of the integrity and fabric of the fence after an attempt has been made. If any defects are noted, the panels are immediately replaced.

• There is discussion about changing the configuration of the fence around the Courthouse to address issues raised by the city. Due to the constant repairs to the site, Premier has superior

OPOAM 3013.106-1(b)(1) Sole Source Justification (SSJ)

For Simplified Acquisitions (over the micro-purchase threshold and up to the Simplified Acquisition Threshold knowledge on how to move the fence in a manner that does not compromise the integrity of the fencing system.

2. Market Survey. Explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest:

Market research was conducted on 07/10/20 and determined that: 1) there are very few US vendors that produce anti-climb fencing, 2) any vendor with the capability to produce would not be timely in production/shipping, 3) shipment and assembly of current FPS fencing requires nuanced technical knowledge, tooling/equipping, and experience to pack, ship, and assemble. That technical knowledge is only possessed by the sole-source vendor. As such, FPS determines no other vendor has the capability to ship and construct this specialty fence within the required timeframes set forth for this procurement.

Under a previous request, the General Services Administration (GSA) conducted a comprehensive Market Survey. Their Market Survey was aimed at researching whether other vendors could successfully fabricate and construct this type of specialty fence, as they examined all other alternatives. Additionally, their research evaluated other vendors who might be able to provide the same care and due diligence while shipping and during the construction of this type of specialty fence. Upon completion of their Market Survey, the GSA determined no other vendor has the capability to fabricate and construct while providing the same care and due diligence during shipping of this type of specialist fence.

3. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2). (Check one and provide short explanation or description of action taken):

____X____ Market Research.

____ ____ Comparison of the proposed price with prices found reasonable on previous purchases.

____ ____ Current price List.

_________ Comparison with similar items in a related industry.

____X____ Comparison to IGCE.

_________ Contracting Officer’s personal knowledge.

_________ Other.

OPOAM 3013.106-1(b)(1) Sole Source Justification (SSJ)

For Simplified Acquisitions (over the micro-purchase threshold and up to the Simplified Acquisition Threshold

The Market Research indicated that the two other firms were contacted in addition to Premier Global Production concerning delivery and installation of a security fencing system; Mitigation Technologies and Swan Fence. While specializing in security fencing, Swan said that they didn't have the experience for this type of requirement, and Mitigation said that it could potentially produce and install a similar product but would need to ramp up production requiring lead time of at least four weeks. Other firms that the program office found were outside the US. The Market Research concluded at this time Premier Global Production is the only firm that can meet FPS' requirement.

Peter J. Andrews Contracting Officer Date

9/26/2020