JOFOC.pdf

JOFOC Equipment Storage Building FCI Berlin, NH

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1(c) and Federal Bureau of

Prisons Acquisition Policy (BPAP) 6.304(b), the Federal Bureau of Prisons (BOP) has determined the need for a brand-name justification for the Federal Correctional Institution

(FCI), hereinafter referred to as FCI Berlin located in Berlin, NH, meets the criteria established for other than full and open competition. This limitation of competition is justified in accordance with FAR Part 6.303-2, Content, with the following supporting information provided:

1. Agency/Contracting Activity:

Department of Justice

Federal Bureau of Prisons

Field Acquisition Office

2. Nature/Description of action being approved:

The acquisition of the Edwards EST3 fire alarms/smoke detectors associated with the construction of the Equipment Storage Building is determined to be a brand-name product that is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company and otherwise does not provide for full and open competition.

3. Description of services and estimated value:

FCI Berlin has the requirement to construct an Equipment Storage Building. The building will require fire alarm equipment that must be able to interact with the Edwards EST3 fire alarm system previously installed in the institution. The new system must fully function with the existing system as they will use the same programming. The estimated range of value is

$20,000 to $35,000.

4. Statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) as implemented by FAR 6.302-1. The applicable exceptions permitting the use of the cited authority are provided specifically at FAR 6.302-1(a)(2) and 6.302-1(c).

Specifically, FAR 6.302-1(c) provides for the applicability of this authority in situations where “An acquisition or portion of the acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer---(i) Does not provide for full and open competition, regardless of the number of sources solicited…”

5. Demonstration that the nature of the acquisition requires use of the authority cited:

The Edwards EST3 fire alarm system is currently running at FCI Berlin. This system is not compatible with the fire alarms/smoke detectors provided by other manufacturers.

Therefore, in order to maintain interoperability of the fire alarm system within the FCI, Edwards EST3 fire alarms/smoke detectors is required.

6. Efforts made to solicit from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

A Synopses of Proposed Contract Action will be posted to the Federal Business Opportunities website, along with this Justification for Other Than Full and Open Competition as a result of the brand-name requirement in accordance with FAR 5.102(a)(6).

7. Contracting Officer's determination that the cost to the Government will be fair and reasonable:

Fair and reasonable cost is expected to be determined through competition.

8. Description of market research:

Market research of the Edwards EST3 was compared to other fire alarm systems on the market.

Only the Edwards EST3 is compatible with the existing system. The new fire alarms/smoke detectors must be on the FITARA approved list.

9. Other facts supporting the use of other than full and open competition:

The Edwards EST3 fire alarm system is currently in use at FCI Berlin. Any new fire alarms/smoke detectors must be compatible with the existing system. The new fire alarms/smoke detectors must be on the FITARA approved list. Due to the existence of the

Edwards EST3 system at FCI Berlin, the Facilities Department personnel are already familiar with the system. Therefore, no additional funds will be required for system training purposes.

Additionally, the congruency of the systems will allow for the use of a consolidated maintenance and repair part stock and therefore simplify maintenance and repair efforts as well as reduce the funding that would be required to stock parts for contrasting systems.

10. List of sources expressing in writing interest in the acquisition:

None

11. Action taken, if any, to remove or overcome any barriers to competition:

Due to the proprietary nature of the required equipment in relation to the equipment that is already in use at FCI Berlin, competition is not practicable. The required interoperability precludes the use of other brands at this time. Potential methods to remove competition barriers are not immediately foreseeable.

Contracting Officer Certification

In accordance with FAR 6.303-2(b )( 12), I hereby certify that this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief. I further certify in accordance with Bureau of Prison Acquisition Policy (BPAP) 6.301 to the best of my knowledge and belief that this request is not the result of a lack of acquisition planning or a desire to expend funds while those funds are still available.

Andre B~lli ... /),~ Date / /

FCI Berlin

Technical Certification

In accordance with FAR 6.303-2( c ), I hereby certify that the supporting technical data provided relevant to this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge.

Concurrence

Rooei:t Hazlewood, Ward FCI Berlin

;a/;r /;8 Date' I

/:2/;//;'i Datl