JOFOC - Signed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Authority Cited: 6.302-2, Unusual and Compelling Urgency; 10 U.S.C. 2304(c)(2)

1. Identification of the Agency and the Contracting Agency:

Department of Justice Federal Bureau of Prisons UNICOR – Federal Prison Industries FCI Cumberland 14601 Burbridge Rd SE Cumberland, MD 21502

2. Nature and/or Description of the Action being Approved:

This action to be approved is for the acquisition of various metals required in order to complete current orders.

3. Description of Supplies or Services Required to Meet the Agency’s Needs (including the estimated dollar amount):

DESCRIPTION: .125"X60"X144"-ALUM-SHT-5052-H38-UNCOAT; ALUM-L-

RAIL,.25INX4X3X25FT,6061-T6-ANGLE; .125"X48"X144"-ALUM-SHT-5052-H38-UNCOAT

Total Cost: $40,425.03

4. Statutory Authority Permitting Other Than Full and Open Competition:

This action is being procured under authority of 41 U.S.C. 3304(c)(2), and implemented by 6.302-2, Unusual and Compelling Urgency.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

Cumberland provided information for the UNICOR wide solicitation several months ago and have been awaiting a contract award to be able to purchase needed materials. However, no contract award has been issued to date.

The factory is currently working on a Request for Contract Action Packet for a short term contract for metals to allow additional time for the UNICOR wide contract to be awarded. The resultant short term contract will not be in place however, for at least 6-7 weeks. Due to the delay the UNICOR wide solicitation has created, they are now without materials that they have outstanding customer orders for. As a result of this urgency, a JOFOC is being completed for this one-time buy to purchase the absolute minimum needed immediately. This vendor has previously been able to supply these materials timely. Further delay in placing an order will result in serious financial injury to the government as it will further delay production.

6. Efforts made to ensure that offers are solicited from as many potential sources as is practical including whether a notice was, or will be, publicized as required by Subpart 5.2 and, if not, which exception under

5.202 applies:

In accordance with FAR 5.202(a)(2), this contract action is determined to be of an unusual and compelling urgency which precludes competition to the maximum extent practicable. Delay of an award would result in serious injury, financial, or other, to the Government if the agency complies with the time periods specified in FAR 5.203. Therefore, due to the urgent and unusual nature of this procurement action, a synopsis was not required.

7. Contracting Officer’s Determination that the Anticipated Cost to the Government will be Fair and Reasonable:

Based on the factors listed above, market research and past orders, the Contracting Officer has determined this price to be of the best value to the Agency.

8. Description of the Market Survey Conducted and the Results, or a Statement of the Reasons a Market Survey was Not Conducted:

Due to the urgency of this procurement, no additional market research was conducted.

9. Other Facts Supporting the Use of Other than Full and Open Competition:

Not applicable. Please refer to section 5.

10. List of Sources, if any, Expressing in Writing, Interest in the Acquisition:

None.

11. Actions Taken, if any, by the Agency to Remove or Overcome Barriers to Competition Before any Subsequent Acquisition for the Supplies of Services Required:

The separate solicitation is being posted to SAM.gov for a one-year contract for these materials, in addition to other like materials. However, due to the IGE for the contract being in access of the Simplified Acquisition Threshold, the response time for the solicitation shall be 30-days. Once this contract is in place, it will remove barriers to competition for subsequent acquisitions of these materials.

12. Contracting Officer’s Certification:

In accordance with FAR 6.303-2(b)(12), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Elizabeth McNealy, Contract Specialist / Date

Technical/Requirements Personnel Certification:

In accordance with FAR 6.303-1(c), I certify that the information provided in this justification, is accurate and complete to the best of my knowledge and belief.

John Dawson, Operations Manager / Date

DESCRIPTION: HDPE-SHEET, BRN/CRM,YEL/BRN.3/4"x48"x96"