Ray_Brook_JOFOC_(sewage)_signed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-2 (a) (1) and 6.302-2 (b) (1) & (2), and the Bureau of Prisons Acquisition Policy (BPAP) 6.304 ( ), the Federal Bureau of Prisons (BOP) has determined that the procurement multiple components for the Sewer Pipe Repair for the Federal Correctional Institution (FCI) Ray Brook meets the criteria established for other than full and open competition. It is further determined that the circumstances of this requirement are of unusual and compelling urgency that preclude competition, and that delay in award of contract would result in serious injury, financial or other, to the Government. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Institution, Ray rook 128 Ray Brook Road Ray Brook, NY 12977

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

This action is for the acquisition of repairing 4 miles of pipe in between FCI Ray rook and the village of Saranac Lake Sewer Treatment Plant.

3. Description of Supplies or Services Required to Meet the Agency Needs:

Steven E. Fuller Excavating, Incorporated from Keesesville, New York will repair 4 miles of pipe in between FCI Ray rook and the village of Saranac Lake Sewer Treatment Plant. The contract award for this repair at FCI Ray rook is estimated between $300,000.00 and $400,000.00.

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

41 U.S.C. 3304 (a)(2) and FAR 6.302-2 (a)(2). When the agency’s need for the supplies or services is of such an unusual and 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, full and open competition need not be provided for.

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

On August 27, 2019, it was determined the forced sewer main at FCI Ray Brook is either collapsed or clogged somewhere along the 4 miles of pipe in between the institution and the village of Saranac Lake Sewer Treatment Plant. This sewer services both FCI Ray Brook and the New York State Adirondack correctional institution, which we have a signed agreement for. Both facilities were placed on water restrictions/ (showers, toilets etc) and sewer pump trucks were called in to pump out the lift station and take the raw sewage to the treatment plant before it overflowed into Ray Brook Lake. Also during this time a few portable toilets were brought in for staff and inmates.

The type of sewer pipe is called a forced sewer main meaning there are not any manholes or access ports to the get to the clog or to determine if there was a collapse.

This system was installed back during the construction of the facility in 1978. The pipe is underground, next to an active railroad line, going up and down mountains, and some of these area have since become environmentally sensitive wetlands since the pipes installation back in 1978.

The institution hired a contractor who arrived the morning of August 28, 2019 to begin work. It has been determined the best course of action is to install test ports to determine where the blockage/collapse occurred. This was worked on for close to 3 days trying to find the blockage. On Saturday, August 31, 2019, the contractor was close to finding the stoppage but a longer sewer jet truck was needed, because they were on the edge of the environmentally sensitive area. Approximately 5 test ports were installed and they will now need to have manholes installed over these so that if there is ever a need again to access them it can be done. On Sunday, September 2, 2019 the blockage was cleared and sewer began to flow. Approximately three hours had elapsed then the main pipe ruptured near Pine St. in a residential area the Village of Saranac Lake. The pipe was brittle and sewerage overflowed into the public park, down a roadway, and into the storm drains.

At this time to the New York Department of Environmental Conservation (DEC) was notified of the hazardous spill and in order to get the sewer leak repaired, an emergency temporary pipe was installed above ground being held down with sand bags. It is in the public access roadway and is currently blocked from entering traffic, and is being monitored by facilities staff in case the new pipe comes apart, because this is only temporary solution.

6. Efforts Made to Solicit from as Many Sources as Practicable Including Whether or Not a Notice Was or Will be Publicized as Required by FAR Part 5.2:

Due to the urgent and compelling nature of this requirement, there is not sufficient time to post this requirement to the Federal Business Opportunities (FBO) website to obtain competition.

7. Contracting Officer's Determination that the Cost to the Government Will be Fair and Reasonable:

The contractor, Steven E. Fuller Excavating, Incorporated is currently registered in the System for Award Management (SAM). In addition, they have performed work previously at FCI Ray rook and all previous pricing has been determined fair and reasonable. There is no reason to believe the contractor will not provide a fair and reasonable price to the Government. Additionally, prices will be analyzed by the Contracting Officer in accordance with FAR 15.404-1 in order to ensure price reasonableness and accuracy for these services.

8. Description of the Market Survey Conducted:

Due to the urgent and compelling nature of this requirement, there is not sufficient time to conduct a formal market survey.

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

As indicated above, the main pipe ruptured in a residential area the Village of Saranac Lake. The pipe was brittle and sewerage overflowed into the public park, down a roadway, and into the storm drains, which prompted notification to the NY DEC. IT is imperative the repairs take place immediately, so as to protect the local community.

10. Sources That Expressed, In Writing, An Interest In The Project:

None.

11. Actions, If Any, The Agency May Take To Remove Or Overcome Any Barriers To Competition Before Any Subsequent Acquisition For The Supplies Or Services Required:

Not applicable to the current situation.

12. CONTRACTING OFFICER’S CERTIFICATION:

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

_____________________________ 09/04/2019 Mark Allen Date Contract Specialist

13. COST CENTER MANAGER’S CERTIFICATION:

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

____________________________ 09/04/2019 Glenn LaCroix Date Facility Manager

14. APPROVAL OF JUSTIFICATION:

___________________________ 09/04/2019 Chad Humphrey Date Acting Warden

Al Rauschuber, Jr., Acting Chief Date Field Acquisition Office

GLENN LACROIX Digitally signed by GLENN LACROIX Date: 2019.09.04 08:11:53 -04'00'

CHAD HUMPHREY

Digitally signed by CHAD HUMPHREY DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=CHAD HUMPHREY, 0.9.2342.19200300.100.1.1=15001002875935 Date: 2019.09.04 10:08:27 -04'00'

MARK ALLEN

Digitally signed by MARK ALLEN DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=MARK ALLEN, 0.9.2342.19200300.100.1.1=15001003028000 Date: 2019.09.04 11:23:51 -04'00'

09/04/2019

Digitally signed by ALFRED RAUSCHUBER DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=ALFRED

RAUSCHUBER,

0.9.2342.19200300.100.1.1=15001000663620 Date: 2019.09.04 12:36:52 -05'00'

BOP13881

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BOP13881

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