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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION TO MODIFY CONTRACT 47PH0817D0016 (ASBESTOS/LEAD ABATEMENT AND MOLD REMEDIATION SERVICES IDIQ CONTRACT FOR GSA REGION 7) TO INCREASE THE ENTIRE CO... JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION TO MODIFY CONTRACT 47PH0817D0016 (ASBESTOS/LEAD ABATEMENT AND MOLD REMEDIATION SERVICES IDIQ CONTRACT FOR GSA REGION 7) TO INCREASE THE ENTIRE CONTRACT MAXIMUM ORDERING LIMITATION JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION IN ACCORDANCE WITH FAR 6.3 1. Identification of the Contracting Activity and specific identification of this document as a “Justification for other than full and open competition”: The contracting activity is the General Services Administration (GSA), Public Buildings Service (PBS), Acquisition Management Division, Program Support Branch (7PQA), 819 Taylor Street, Rm 12B01, Fort Worth, TX 76102. This document serves as the Justification for Other than Full and Open Competition. 2. Nature and/or description of action being approved: This is a justification for other than full and open competition to increase the Maximum Ordering Limitation (MOL) to the existing single-award Asbestos/Lead Abatement and Mold Remediation Indefinite Delivery Indefinite Quantity (IDIQ) contract for Region 7 under the authority of FAR 6.302-2, Unusual and Compelling Urgency. 3. Description of supplies or services required to meet the Agency’s needs: The Program Support Branch provides procurement support to the GSA Region 7 Acquisition Management Division (AMD) with Asbestos/Lead Abatement and Mold Remediation services. AMD requires abatement and remediation services in Region 7 to support shorter acquisition procurement cycles and to facilitate GSA’s mission in supporting but not limited to the Customs and Border Protection, US Customs and Immigration Services and other Department of Homeland Security components, US Postal Service, US Department of Justice, US Department of Veterans Affairs, and the US Food and Drug Administration. On August 16, 2017, the Program Support Branch awarded single-award Asbestos/Lead Abatement and Mold Remediation services IDIQ contract 47PH0817D0016 to Border Demolition and Environmental Inc. for Region 7 with a Maximum Ordering Limitation of $1,750,000 for the life of the contract (one-year base and four one-year options). The acquisition team fully anticipated this MOL would be sufficient to cover all task orders awarded for Region 7, using historical data under this IDIQ. However, two (2) currently approved procurement actions are anticipated to be awarded that would cause the MOL to be exceeded on or before August 15, 2022, when the contract is set to expire. Additionally, more requests to use the IDIQ are anticipated before August 15, 2022. The remaining MOL to date is $30,366.00 with two (2) approved procurement actions currently in EASi totaling $30,915.78. If both task orders are awarded, they will combine to exceed the remaining MOL by $549.78. With five (5) months remaining in the life of the contract it is anticipated several additional task orders will be awarded on or before August 15, 2022, when the contract’s final period of performance ends. A modification to increase the base IDIQ contract 47PH0817D0016 MOL, is in the Government’s best interest. The increase is prudent to cover any future abatement or remediation project(s) and to cover any potential modifications to already issued task order(s). While future use is not predicated on past results, the acquisition team is confident that the requested increase below should be sufficient to carry this contract through to the end of its period of performance. Additionally, as the contractor is categorized as a Historically Underutilized Business Zone (HUBZone) business, if one of the other alternatives is utilized, there is a chance that an award would be made to an other-than-small business. Increasing the MOL on this IDIQ would ensure that award dollars would go to a HUBZone small business and assist GSA in meeting its small business goals. Current request: MOL increase of $250,000.00 from $1,750,000.00 to $2,000,000.00, which includes future task order(s) and contingency for existing task order(s) modifications under the subject contract. 4. Statutory authority permitting other than full and open competition: The statutory authority permitting other than full and open competition is 41 U.S.C. 253 (c)(2). FAR 6.302-2, Unusual and Compelling Urgency. 5. Rationale justifying use of the cited authority: The current Asbestos/Lead Abatement and Mold Remediation Contractor’s MOL is not sufficient to meet any task order(s) or any modifications to already issued task order(s) against the IDIQ contract before the expiration date of August 16, 2022. Based on the current situation, the most feasible options are: a) Re-procure and award an IDIQ contract for these services on or before August 16, 2022. The solicitation for this re-procurement has already been posted to www.SAM.gov but the contract will not be awarded for several more months. b) Award a task order off a different IDIQ using a contract outside Region 7 with (potentially) a different contractor. This may be done using the Interagency Contract Directory (https://www.contractdirectory.gov/contractdirectory) but there is currently no contract vehicle that exists that would allow GSA to issue orders from it. c) Procure individual requirements as full and open procurements. The additional procurement time for a full and open procurement vs. a task order would result in an increased cost to the Government and administrative burden. In accordance with 6.302-2 (b)(1) & (2), full and open competition cannot be provided for when the agency’s need is of an unusual and compelling urgency and a delay in award of a contract would result in serious injury, financial or other, to the Government. Because there are health and safety concerns in regard to asbestos, lead and mold, any delays during space renovation(s) are unacceptable. Moreover, any substantial delays would result in serious financial burden to the Government as there could be duplicative costs and additional administrative costs for delays: a) Significant delays will impact the project requirements, which will ultimately delay the client agency moving back into their space. The Procurement Administrative Lead Time (PALT) for an abatement or remediation task order against the existing IDIQ contract is 30 days, however, the PALT for a full and open/unrestricted procurement is 180 days. The additional procurement time would result in an increased cost to the Government and administrative burden. b) The new contractor would need to acclimate to the project requirements and receive HSPD-12 clearances, which would potentially negatively impact both schedule and costs. To decrease the Government’s negative impacts to both schedule and cost, it is prudent to maintain continuity with the current IDIQ Contractor and increase the MOL. This will maximize the Government’s ability to get the projects completed and the client agency moved back into their space in a timely manner with minimal risk. Additionally, as the contractor is categorized as a HUB-Zone business, if one of the other alternatives is utilized, there is a chance that an award would be made to an other-than-small business. Increasing the MOL on this IDIQ would ensure that award dollars would go to a HUB-ZONE small business and assist GSA in meeting its small business goals. 6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable: Since this is a justification for a single-award IDIQ contract, other sources will not be solicited. 7. Determination by the Contracting Officer that the anticipated cost will be fair and reasonable: The Contracting Officer evaluated and determined during award that the current prices are fair and reasonable. The current contract is in Option Year (OY) IV, with an MOL expected not to exceed $250,000 over the existing $1,750,000. The contractor will continue to charge the pre-negotiated discount factor appropriate for Option Year IV. 8. Description of market research: The Interagency Contract Directory was checked but there is currently no contract vehicle that exists that would allow GSA to issue orders from it. An open market acquisition is always an option for each individual requirement, but that would cause substantial duplication of costs and or unacceptable delays. 9. Any other facts supporting the use of other than full and open competition: Increasing the MOL of the current IDIQ is in the best interest of the Government. Utilizing other feasible options to execute the required services may significantly injure the Government financially. It will also jeopardize the mission of AMD and the customer agencies it serves. 10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition: None. 11. Statement of actions to overcome barriers to competition: GSA will continue to work to anticipate upcoming needs up-front to alleviate the need for future modifications of this nature. 12. Contracting Officer’s Certification: The Contracting Officer certifies by signature below that the information contained in this justification is accurate and complete to the best of his knowledge and belief. Upon the basis of the foregoing findings, I hereby determine that it is both prudent and within the Government’s best interest to increase the MOL of contract 47PH0817D0016 by $250,000 for a new total of $2,000,000.