SECURITY FENCING

GENERAL SERVICES ADMINISTRATION PUBLIC BUILDING SERVICE CUSTOMER PROJECTS SERVICE CENTER GREAT LAKES REGION JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH FAR 6.303(a) 1. IDENTIFICATION AND DESCRIPTION OF ACTION BEING APPROVED. Pursuant to FAR 6.302-2, approval is being requested for sole source contract award for security fencing, Melvin Price Federal Building, East St. Louis, Illinois to complete this work before adverse weather conditions sets in, since it is a security related project. 2. DESCRIPTION OF SERVICES REQUIRED. Provide all labor, materials, equipment and supervision to work in the extension of existing conditions or to similar existing conditions, in materials, workmanship and finish at the Melvin Price Federal Building located at 750 East Missouri Avenue, East St. Louis, IL 62201. Work shall include but not be limited to perimeter security improvements; fencing and gates; concrete driveway; concrete sidewalk extension; and electrical feeds for security camera, and security hardware. The project work area will be occupied during construction. Contractor will have to take adequate interim measures to assure continued operation throughout the construction effort. The government estimate for this procurement is $209,109.00. 3. IDENTIFICATION OF STATUTORY AUTHORITY. FAR 6.302-2, Unusual and compelling urgency, 41 U.S.C. 253(c)(2). 1. FAR 5.202(a)(2) does not require synopsis of the contract actions. 2. 41 U.S.C. 253(c)(2) permits limiting the number of sources from which proposals are submitted. 4. DEMONSTRATION THAT THE ACQUISITION REQUIRES USE OF AUTHORITY CITED. Due to unusual and compelling circumstances, this justification for other than full and open competition to sole source the contract award to DRL Sales, Inc. for the installation of security fencing is required in order for GSA to meet the mission needs of the U. S. Marshals Service. The perimeter security improvements around the Melvin Price Federal Building to restrict vehicle and pedestrian access proximate to the building, per the USMS Judicial Security Systems Requirements and Specifications Manuel, Vol 3, Publication 64. The perimeter security features include a six foot fence around the perimeter of the judicial parking area, two pedestrian gates leading to the courthouse entrance and judicial parking sidewalk exit. It also includes fencing around the loading dock area with a vehicle gate, card reader, CCTV and intercom, and pedestrian gate. Specification package to offeror: July 19, 2010 Solicitation closing date: August 03, 2010 Award: August 24, 2010 Interim NTP August 24, 2010 NTP: September 24,2010 Construction completion: On or about November 30, 2010 It is not possible to meet the dates above if this solicitation is re-procured through full and open competition; failure to meet the time frames may cause the U. S. Marshals Service to have a mission failure if not completed prior to adverse weather conditions. In addition, only by sole sourcing the contract award to DRL Sales, Inc., perform quality work within the limited timeframe. GSA can ensure that U. S. Marshals Service will be able to meet the mission needs for additional security at the Melvin Price Federal Building by the required date. This project was previously solicited through full and open competition. The Government received two offers and upon evaluation of the proposals, one of the offeror was found to be extremely higher than the Government Cost Estimate. Negotiations were opened and the offeror decided that he would not be interested in altering his price and withdrew his proposal from the competition. The potential awardee was declined a Certificate of Competency (COC) by the Small Business Administration (SBA), therefore, the procurement was canceled. The usual time frame for a procurement of this scope under normal circumstances is approximately four months from the date the technical requirements are received by the Contracting Officer to the time of award. Almost two months of the procurement time is determined by federal regulations. Federal Acquisition Regulation (FAR) 5.102(a)(1) requires that proposed contracts expected to exceed $25,000.00 be published in the Fedbizzopps. FAR 5.203(a) states in part that the synopsis must be published at least fifteen days before the issuance of the solicitation. FAR 5.203(c) states in part that when the contract action is expected to exceed the simplified acquisition threshold, the agency must provide at least thirty days response time for proposals from the date of the issuance of the solicitation. The additional two months is used to review and prepare the specifications, review offers and prepare the determination of responsibility ant the award documents. To re-procure this contract under full and open competition would mean that the lead time order of the additional fencing which must match the current fencing that was installed less than a year ago, would not be completed by on or about November 30, 2010. Thus U. S. Marshals Service would not have the required security measures in place for the Judicial Courts and the Melvin Price Federal Building, and would impair the efficiency of U. S. Marshals Service. FAR 5.202(a)(2), Exceptions, allows the contracting officer to forego publishing notices regarding proposed contract actions in the Fedbizopps when the proposed action is made under the conditions described in FAR 6.302-2 and the Government would be seriously injured if the agency complies with the time frames specified in FAR 5.203 (see preceding paragraph for time frames). It is in the Government's best interest to award a sole source contract to DRL Sales, Inc. to ensure that U. S. Marshals Service can meet and maintain security requirements for the Judicial Courts, and has been informed that the security fence will be ready within 60 days after issuance of notice to proceed. Therefore, by awarding a sole source contract, it is possible to compress the procurement schedule to less than one month and maintain the security of the work requirements. Sole source award under FAR 6.302-2 is the only way to procure this contract within the shortened time frame and thereby meet the needs for additional security at the East St. Louis Property Management Service Center. 5. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS PRACTICABLE. In as much as the procurement is accomplished pursuant to FAR 6.302-2, Unusual and Compelling Urgency, and the Government will be seriously injured by complying with the time periods specified in FAR 5.203, in accordance with FAR 5.202(a)(2), submittal of a notice of the contract action for publication in the Fedbizopps is not required. In view of the compelling urgency, full and open competition will result in the potential increased time reviewing all proposals received and discussions with numerous offerors cannot be suffered in order to maintain and safeguard the inspection techniques and technologies utilized for security measures. Therefore, DRL Sales, Inc. will be requested to furnish a proposal. 6. DEMONSTRATION THAT THE ANTICIPATED COST WILL BE FAIR AND REASONABLE. The offer will be compared against the independent Government estimate to determine fair and reasonableness of price. If determined necessary by the Contracting Officer, negotiations will be conducted. 7. DESCRIPTION OF THE MARKET SURVEY CONDUCTED. In order to safeguard the inspection techniques and technologies, DRL Sales, Inc., is a Hubzone Small Business will be requested to provide an offer for the security fencing to be installed at the Melvin Price Federal Building, in East St. Louis, IL. 8. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL OPEN COMPETITION. None other than those indicated above. 9. LIST OF SOURCES THAT EXPRESSED AN INTEREST IN THE ACQUISITION. None other than the one source was solicited. CONTRACTING OFFICER CERTIFICATION: To the best of my knowledge and belief, the foregoing justification for the use of other than full and open competition in accordance with FAR 6.302-2 for the award of a contract for Security Fencing located at the Melvin Price Federal Building, East St. Louis is complete and accurate. Date: 7/14/2010 MARILYN ROLDAN Contracting Officer