12 - Final JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-2 (a) (2) as well as the Bureau of Prisons Acquisition Policy (BPAP) 6.304(b), the Federal Bureau of Prisons (FBOP) has determined that the procurement to Emergency Replace Switchgear PLC System at the United States Penitentiary in Leavenworth, Kansas, meets the criteria established for other than full and open competition (unusual and compelling urgency). This limitation on competition is justified as supported by the following information:

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

Department of Justice Federal Bureau of Prisons United States Penitentiary Leavenworth 1300 Metropolitan Ave.

Leavenworth, KS 66048

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is for an acquisition to Emergency Replace Switchgear PLC System at the United States Penitentiary in Leavenworth, Kansas.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S

NEEDS (INCLUDING ESTIMATED VALUES):

USP Leavenworth’s Switchgear PLC System is a high voltage system of components designed to auto-switch the institution's emergency power circuits from domestic street power to diesel generator power in the event street power is lost. These emergency circuits support critical institution systems to include, but not limited to, CCTV cameras, radio and phone communications, electronic door operators, elevators, and various other life safety features such as egress lighting and fire control.

On March 27, 2021 during a scheduled generator test, it was found that the switchgear PLC system has suffered a critical internal failure which has left the institution unable to auto switch to emergency diesel generator power. In this state, switching to diesel generator power requires a system trained individual to follow a manual start activation process. Due to the nature of this high voltage equipment, engaging in the manual activation process places the operator in a moderate risk factor for shock injury or death. In addition, re-energizing electrical circuits in this way can create unexpected power spikes. Sensitive electronic equipment, such as those mentioned, are at great risk of instant damage or complete failure if subjected to such an event.

Loss of such equipment and systems would be catastrophic, leaving the institution unable to safely operate or possibly respond to life safety situations. Mitigation of this situation called for an immediate damage assessment and emergency solution proposal by a qualified high voltage electrical contractor.

The Emergency Replace Switchgear PLC System project to fix these issues with the Automatic Transfer System (ATS) and generator paralleling in the switchgear has an estimated value range of $380,000 and $420,000.00.

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competition for the procurement action is:

FAR Part 6.302-2, (a) (2) Unusual and compelling urgency.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED:

Eaton Corporation, has provided an emergency restoration proposal that meets the institution's urgent and compelling need. Eaton Corporation have a proven past performance history with USP Leavenworth and are recognized as local commercial construction authority experts. Eaton Corporation is the original manufacturer of the entirety of the switchgear at USP Leavenworth, with most of the components being exclusive of Eaton Corporation. They are found in the System of Award Management (SAM) with zero active exclusions. Eaton Corporation is therefore being advised for contract award approval to fulfill the emergency restoration requirement.

6. EFFORTS THAT WERE MADE TO SOLICIT OFFERS FROM AS MANY POTENTIAL

SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE

PUBLICIZED:

The requesting activity did not attempt to solicit other sources as this situation required an immediate assessment and proposed solution by an industry authority expert. Eaton Corporation is considered an industry authority expert having proven experience with USP Leavenworth and other Government entities. Eaton Corporation’s proposal aligns with the institution's urgent and compelling need to complete the switchgear PLC system replacement and ATS restoration as soon as possible making their trade skill workforce ready to deploy as soon as all the necessary PLC system equipment and materials are brought on site.

7. CONTRACTING OFFICER'S DETERMINATION THAT THE COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE:

Eaton Corporation, Public Limited Company, maintains a DUNS (133092788) and are familiar with the requirement and constraints of the Federal Bureau of Prisons. A proposal has been obtained to assist in determining a cost estimate for this requirement due to the urgent nature. The Contracting Officer anticipates the price will be determined Fair and Reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS:

Due to the urgency and importance of providing the required services, it is determined that a market survey is not feasible due to the circumstances explained in Items 5, 6, and 9.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

Without immediate restoration to USP Leavenworth’s switchgear PLC system and ATS capabilities, the institution will remain at great risk to loss of emergency power capabilities or damage to vital institution equipment and functions, to include life safety applications tied to the emergency circuits.

10. LISTING OF THE SOURCES THAT EXPRESSED IN WRITING, AN INTEREST IN THE

ACQUISITION:

As this requirement was not advertised, no other company expressed an interest in this acquisition.

11. ACTION TAKEN, IF ANY, TO REMOVE OR OVERCOME ANY BARRIERS TO

COMPETITION:

There are no means or actions that the Contracting Officer can take in the future to remove or overcome barriers to competition since the immediate repair of this specialized equipment is necessary to prevent the disruption of the safe and orderly operations of the institution thus making it an unusual and compelling urgency situation. Due to the aforementioned circumstances noted, it is concluded this purchase for restoration services from Eaton Corporation, Public Liability Company, is the only reasonable means to attain acceptable expedited restoration assurances of this specialized equipment.

12. CONTRACTING OFFICER CERTIFICATION:

I hereby certify that this justification and supporting data for the certification are accurate and complete to the best of my knowledge and belief.

Penny Marvin, Supervisory Contract Specialist Date USP Leavenworth

13. COST CENTER MANAGER CERTIFICATION:

Karl Chamberlain, Facility Manager (Acting) Date USP Leavenworth

14. APPROVAL OF JUSTIFICATION:

D. Hudson, Warden Date USP Leavenworth

Al Rauschuber Jr., Chief Date Field Acquisitions Office