25Z4AA8 Replace FS Coolers and Freezers JOFOC Memo-s.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) Deviation Subpart 6.103-2, the Federal

Bureau of Prisons (BOP) has determined Project 25Z4AA8 to replace the FPC coolers and freezers be awarded to Thermal Mechanical Services Inc, without full and open competition for unusual and compelling urgency.

Agency:

Department of

Justice

Bureau of

Prisons

FCI Pekin 2600 S. 2nd

St.

Pekin, IL 61554

Nature and/or Description of Action Being Taken: FCI Pekin intends to make an award to a

Thermal Mechanical Services Inc. for project 25Z4AA8 Replace FPC Coolers and Freezers without providing for full and open competition.

Description of supplies or services required to meet the agency's needs: Thermal Mechanical

Services Inc, will provide all materials, labor, and equipment specified in the Statement of Work for contract no. 15B41126C00000145. Their bid price was $282,604.00 for the job.

Statutory Authority permitting other than full and open competition: This justification is being submitted for approval in accordance with 41 U.S.C. 3304(a)(2), and FAR Part 6.103-2(b)

(Urgency. Agencies may contract without providing for full and open competition 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, financially or otherwise, unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.)

Determination that the nature of the acquisition requires use of the authority cited:

The coolers and freezers installed in FPC Food Service have experienced catastrophic failure. Due to the age and condition of the equipment, repairs are not possible. This has resulted in the loss of perishable food and the need to store food in alternate locations outside of FPC Food Service not intended for that purpose.

Efforts made to solicit from as many potential sources as practicable, including whether a notice was or will be publicized:

Solicitation 15B41125B00000001 was issued 10/07/2025. A site visit was conducted on 10/22/2025.

Amendment 0001 was posted on 11/06/2025. The abstract of offers was posted on 01/29/2026. Two responsive offers were received: 1. Brown Point Facility Management, $487,323.00; 2. Accord

Federal Services, $1,277,895.50. Both offers were well above the original IGE of $117,695.28. A notice of No Award was posted on 01/29/2026. A pre-solicitation notice for 15B41126B0000001 was posted on 06/24/2026 before the decision was made to pursue an award without providing for full and open competition.

Contracting Officer Determination that the cost to the Government will be fair and reasonable:

The Contracting Officer determines the bid price of $282,604.00 to be fair and reasonable based on the revised IGE of $365,049.87, obtained from FCI Pekin Facilities Dept.

Description of the Market Description Market Research

Conducted Market Research was conducted in accordance with FAR Part 10 and to the extent commensurate with the urgency, established value and complexity of the requirement. Market

Research supported the determination concerning the most suitable approach for acquiring the subject supplies and services. It has been determined this requirement cannot be met in accordance with FAR Part 8. Market Research revealed the requirement is a commercial item customarily available through the commercial marketplace. However, due to the proprietary nature of the software and monitoring system updates required, Thermal Mechanical Systems Inc. is the only responsible vendor that can provide this service to FCI Pekin.

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

There are no other vendors in the area that expressed an interest in filling the requirement in response to the pre-solicitation.

List of sources expressing in writing interest in the acquisition:

None for the current action.

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

There was only one source readily available that expressed an interest in this project. Future requirements of this nature will be monitored and solicited accordingly to ensure competition is obtained.

Contracting Officer's Certification:

I hereby certify that this request for justification and Approval for Other than Full and Open

Competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge. I hereby certify that the supporting data provided by the technical and requirements personnel that form the basis for this justification are certified as complete and accurate. See attached memo from the General Foreman.

____________________________ 08/20/2026_________

Contracting Officer Date