JOFOC.pdf

Justification for Other than Full and Open Competition

1) AGENCY:

Department of Justice, Bureau of Prisons, FCC Hazelton, WV.

2) DESCRIPTION OF ACTION BEING APPROVED:

Emergency Lock-Down Meals. Marketplace Foods. Totaling: $100,224.00. 15B12120PVUA50005.

3) DESCRIPTION OF THE SERVICES REQUIRED TO MEET THE AGENCY NEEDS: Emergency lock-down meals for the USP and FCI inmate population during institutional lockdown.

4) STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION:

FAR 5.202(a)(2) The agency's need for supplies is of unusual and compelling urgency, the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bid or proposal.

5) DETERMINATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE

NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

Only a brief market survey was done due to the urgency of the situation. The Institution was unexpectedly on lockdown which initiated the emergency order for lockdown meals in order to properly feed inmates as required by law and the US constitution .

6) EFFORTS MADE TO SOLICIT FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE INCLUDING

WHETHER A FEDERAL BUSINESS OPPORTUNITY NOTICE WAS PUBLICIZED:

In accordance with FAR 13.106-l(b) and the exemptions at FAR 5.202(a)(2) the contracting officer has determined that the proposed contract action is for a requirement with unusual and compelling urgency, the Government would be seriously injured if the agency complies with the time period specified in FAR 5.203.

7) CONTRACTING OFFICER DETERMINATION THAT THE COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE:

8)

The price is determined to be fair and reasonable based on the fact that the price is less than charged to the general public for same and similar services.

DESCRIPTION OF THE MARKET SURVEY CONDUCTED: Due to urgency, only a brief market survey through online searches was conducted.

9) OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION: As part of the overall mission, FCC Hazelton is to provide basic and emergency needs to all individuals incarcerated at FCC Hazelton. Therefore, it was in the best interest of the Government to procure these services from a vendor who can provide the product immediately. Any delay in providing the necessity of food would severely disrupt the orderly operation of the institution while in lockdown status.

10) LIST OF SOURCES EXPRESSING IN WRITING INTEREST IN THE ACQUISITION:

None have expressed interest.

11) ACTIONS TAKEN BY THE AGENCY TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION:

A brief market search was conduct for the same products from other companies. Four additional suppliers were quoted with higher prices than the choosen .

12) CERTIFICATION AND APPROVALS:

I hereby certify that the request for approval of this justification for other than full and open competition is made in good faith . The supporting data and information is accurate and complete to the best of my knowledge, and I would not be making this request if it would have been feasible to fully compete these requirements according to the Federal Acquisition Regulation . I further certify that this request is not the result of a lack of advance procurment planning.

Supervisory Contract Specialist