EFO_Hunter_Liggett_Final.pdf

Control No. HNC-16-160-716

FOR OFFICIAL USE ONLY - IAW FAR 3.104

EXCEPTION TO FAIR OPPORTUNITY

W912DY-15-D-0009-0006

Barracks UMCS and HVAC Upgrades, Buildings 205, 207, and 230 Fort Hunter Liggett, CA

1. CONTRACTING AGENCY: United States Army Corps of Engineers, Huntsville Engineering and Support Center (CEHNC) located at 4280 University Square, Huntsville, AL 35816-1822. This Justification for an Exception to Fair Opportunity (EFO) is authorized under FAR 16.505(b)(2)(i)(C) “Logical Follow-on.”

2. DESCRIPTION OF ACTION: This EFO is for the demolition and restoration of 36 water/mold damaged showers and associated areas (i.e. piping, walls, insulation, damaged) in Building 207 (barracks facility) on Fort Hunter Liggett, CA, which would cause a potential health hazard to personnel housed in the facility. The intent is to restore the areas damaged by the water leakage and mold in order to provide soldiers residing in the barracks facility at Fort Hunter Liggett with a safe environment.

3. DESCRIPTION OF SUPPLIES: The original task order award was to EPC Service, Inc. to provide all labor and material necessary to furnish and install a Utility Monitoring and Control System (UMCS) and Heating, Ventilation and Air Conditioning (HVAC) upgrades at Fort Hunter Liggett (FHL), CA. The task order includes UMCS, HVAC, Domestic Hot Water (DHW), Lighting System, Fire Sprinkler, and associated Architectural upgrades at barracks building 207 to provide a complete, operational and useable system as defined per the specifications listed in the PWS and government provided 95% design drawings/specifications.

The current awarded contract was competed under the Utility Monitoring and Control System (UMCS) IV Restricted and Unrestricted MATOC Contractor Pools and awarded on 30 September 2015. Six contractors responded and submitted competitive bids. EPC’s proposal was determined to be the “best value” to the Government and was awarded Task Order 0006 on contract W912DY-15-D-0009 for the project. The current task order is valued at $7,696,296.84 with $5,824,654.23 obligated. The estimated total value of this EFO is $696,919.88 or 9.06% of the total task order value.

Fort Hunter Liggett is a Reserve training facility which sees its peak barracks usage during the summer months when reserve units are conducting annual training. It is located in a relatively remote part of California near the Los Padres National Forest. During the recent demolition of areas of the bathroom ceilings and upper walls for the installation of the HVAC system, it was discovered that the drain lines, domestic supply lines, shower pans, and shower valves had deteriorated due to rust and age and had leaked causing extensive water damage. The drain lines/shower pans appeared to be original to when the building was built in the 1970s. The persistent water leaks not only damaged the piping and material around the shower stalls, but has led to the development of extensive mold damage to the shower walls and areas below the showers (ceilings of lower floors). Due to the continued leaks and the health hazard that the mold poses, Fort Hunter Liggett Department of Public Works (DPW) determined that the issues must be addressed immediately while the damaged areas are exposed in order to meet Fort Hunter Liggett’s requirement for the barracks to be reopened in June 2016.

Below are the details of the work to be performed:

a. Removal of all drywall in the shower area only, including above the ceiling

(approx. 2900 SF)

b. Removal of all tiles, metal stud wall framing and drywall damaged by water infiltration (approx. 900 SF)

c. Removal of all plumbing (sanitary drains, hot and cold water supply) and insulation that is associated with the showers in 36 locations

d. Removal of the dryer vents in the wall behind the showers in 21 locations

e. Removal of existing telephone conduit and wiring to all barracks bays (over 3000

LF)

f. All work includes proper disposal and removal of all hazardous materials involved with the above demolition along with all extended overhead and administrative costs to revise the safety plan.

g. New cement board on walls to ceiling behind showers

h. Repairs to shaft walls to maintain 1 hour rating, including credit for 2 hour rating as shown on the original plans

i. New PEX supply piping, hangers, labels and HW insulation to showers

j. New sanitary waste piping, NH bands, and hangers replaced where demoed in select areas

k. New DHW riser increase in size from 2 ½” to 3” in basement area. TMV adjusted to provide 110 degree water to bathroom.

l. Replacement of gate valves with full port ball valves in basement as they are not functional

m. Addition of full port ball valves at each shower supply for maintenance

n. Replace metal stud framing behind shower wall where water damaged in select places

p. Replace like for like shower pans, metal stud dividing walls, tile, floor drains, mixing valves and shower heads

q. Install aluminum ceiling grid throughout entire shower, bathroom and toilet areas and water resistant FRP panels over the showers and mold resistant ceiling tile in all other areas

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY: Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C) “Logical Follow-on.” The current task order did not anticipate the need for emergency repairs for any of the buildings associated with this task order on Ft. Hunter Liggett, thus no provisions were made at the time of task order award.

However, the water leaks and subsequent water damage and mold has rendered the building unsafe for occupation, which if not corrected prior to June 2016 will place a significant burden on Ft. Hunter Liggett to find housing for the displaced soldiers. Utilizing the “Logical Follow-on” authority to demo and restore the damaged shower stalls and other area exposed to mold is in the best interest of the Government, based on the economy and efficiency that will be provided by having the contractor, EPC Service, Inc., complete the necessary work for Building 207. EPC Service, Inc. already has qualified personnel on site at Ft. Hunter Liggett executing similar removal work within the current scope of this task order. Utilizing the personnel already on site eliminates the need for additional acquisition time, ramp up time, travel time and costs, additional overhead costs and the additional costs associated in the preparation of deliverables such as Technical Data Packages and Safety Plans that would be required with awarding another contractor the requirement to perform the emergency repairs to building 207 . In addition to cost savings, awarding the Logical Follow-On to EPC Service, Inc. will eliminate the potential for conflict between two contractors, should any issues arise regarding the performance of the shower demolition/restoration and the HVAC upgrades that are ongoing within building 207.

The removal of the showers and associated damaged areas is within the scope of EPC Service’s base contract and is similar to certain aspects of the work being executed under this task order for HVAC and UMCS upgrades. The estimated value of the removal and restoration as a percentage of the total value of the task order is a 9.06% increase, and the work to be performed is so closely associated with the current task order requirement that separating out the effort would reduce economy and efficiency.

5. Fair and Reasonable Cost Determination:

“I hereby determine that the anticipated price to the Government for this contract action is fair and reasonable. Price reasonableness was determined by using technical and cost analysis and through comparison to historical data.”

Typed Name: James A. Bales Title: Contracting Officer Date: Signature:

6. Other Facts: N/A

7. Efforts to Obtain Competition: In accordance with FAR 16.505(b)(1)(i), a task order exceeding $3,000.00 is placed on a competitive basis if the contracting officer provides a fair notice of the intent to make the purchase, including a description of the supplies to be delivered or the services to be performed and the basis upon which the contracting officer will make the selection, and affords all contractors responding a fair opportunity to submit an offer and have that offer fairly considered. Task Order W912DY-15-D-0009 Task Order 0006 was awarded utilizing Fair Opportunity standards. All contractors in the UMCS-IV Unrestricted and Restricted MATOCs were provided fair opportunity to propose on the task order. Seven proposals were received: Evergreen Fire Alarms, EXP Federal Inc., Johnson Controls and Building Automation Systems, Secure Mission Solutions, SEI Group Inc, EPC Service Inc. and Spectrum Solutions Inc. No further efforts to obtain competition were contemplated for this logical follow-on requirement based on the nature of the work, the geographic location of where the work is to be performed, and the estimated cost associated with the repairs. Modifying the existing task order as a “Logical Follow-on” to have EPC Service Inc. conduct the necessary demolition and restoration to the shower stalls and mold/water damaged areas of Bldg. 207 represents the best value for the Government.

Two other barracks facilities are associated with this task order for UMCS and HVAC upgrades. The Fort Hunter Liggett DPW anticipates having the same water damage in the other two buildings based on the age of the structures. HNC is already coordinating with the Fort Hunter Liggett DPW for potentially contracting the repair of the other two barracks

15 April 2016 facilities if surveys determine that water damage exists. These potential requirements will be competed under a different contract vehicle than the UMCS IV MATOC.

8. Contracting Officer Certification:

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

Typed Name: James A. Bales Title: Contracting Officer Date: Signature:

9. Technical Certification:

“I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.”

Typed Name: Edward Lawrence Title: Project Manager Date: Signature:

Requirements Certification: “I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.”

Typed Name: Matthew Thompson Title: Program Manager Date: Signature:

LAWRENCE.EDWARD

.PORTER.1100687662

Digitally signed by

LAWRENCE.EDWARD.PORTER.1100687662

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LAWRENCE.EDWARD.PORTER.1100687662 Date: 2016.04.12 09:47:58 -05'00'

THOMPSON.MATTH

EW.LEE.1106555881

Digitally signed by

THOMPSON.MATTHEW.LEE.1106555881

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=THOMPSON.MATTHEW.LEE.1106555881 Date: 2016.04.12 14:20:00 -05'00'13 April 2016

12 April 2016

10. APPROVAL:

Based on the foregoing justification, I hereby approve the procurement of this requirement for shower restoration on a noncompetitive basis and IAW FAR Section 16. 505(b)(2), pursuant to the authority of FAR Section 16.505(b)(2)(i)(C), in the total estimated amount of $696,919.88, subject to the availability of funds and provided that the services and property herein described have otherwise been authorized for acquisition.

James A. Bales Contracting Officer U.S. Army Corps of Engineers

Signature Date