Abatement.docx

AGENCY: Department of Justice - Bureau of Prisons

CONTRACTING ACTIVITY: Federal Correctional Institution, Otisville NY

ACTION TO BE APPROVED: The cost to perform asbestos abatement on floor tile within an inmate housing area at a cost of $37,500.00 with United Safety LLC.

DESCRIPTION OF SUPPLIES REQUIRED TO MEET THE AGENCY'S

NEEDS: An inmate housing quarter currently has asbestos contaminated material that needs to be removed and disposed of as soon as possible.

AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION: FAR 6.302-2,(a) Authority. (1) Citation 10 U.S.C. 2304 @ (2) or 41 U.S.C. 253(c)(2). Application (2) when the agency’s need for supplies or services is of such an unusual or compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals (b) Application This authority applies in those situations where (1) an unusual and compelling urgency precludes full and open competition.

DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED: The current inmate housing quarter is currently full with federal inmates. The location of the asbestos needs removed sooner than later due to the aging and deterioration of the current tiles. The inmates are in the process of transferring to other living quarters until the remediation is complete. Once complete the inmates will move back into the living quarters along with newly arriving inmates that are scheduled to arrive. To solicit this need on SAM.gov for roughly 45 days inclusive of a site visit would be an unreasonable timeframe as new inmates are scheduled to arrive.

DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE: The estimate United Safety LLC gave last week is fair and reasonable. A similar project was complete in December of 2018 at around the same cost as this estimate, also awarded to United Safety LLC. That repair/abatement was solicited competitively and received other quotes much higher than the $37,500. The repair at that time allowed for a longer timeframe to solicit and award. This need for removal needs done as soon as possible. A rate similar to six years ago and being performed on a much shorter timeframe is fair and reasonable.

A DESCRIPTION OF THE MARKET SURVEY CONDUCTED AND THE

RESULTS OF A STATEMENT OF THE REASONS A MARKET SURVEY WAS

NOT CONDUCTED: A market survey was conducted on local vendors that were able to perform this service. United Safety LLC was called upon due to their local location and prior service from 2018. They also stated they can start this service within a few days.

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION: The inmates transferring to other parts of the Institution will partially disrupt the orderly running of the Institution until the full abatement is complete. It is unreasonable to delay thus this need is considered an emergency repair.

A LISTING OF THE SOURCES THAT EXPRESSED AN INTEREST IN THE

ACQUISITION: N/A

A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIER TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED: FCI Otisville has other locations that still need abatement throughout its Institution. Some locations are better than others. When the Institution proceeds with the next scheduled abatement that is not an emergency the need will be solicited formally.

CONTRACTING OFFICER CERTIFICATION: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief, based on information researched by myself and that which was provided by other persons.

George Bodine Contract Specialist F.C.I. Otisville, New York