JOFOC_Katch_Environmental.pdf

U.S. Department of Justice Federal Bureau of Prisons

Federal Correctional Institution Mendota, California 93640

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. AGENCY:

This action is for the Department of Justice, Federal Bureau of Prisons located at the Federal Correctional Institution, Mendota, 33500 W. California Avenue, Mendota, 93640. The contracting activity is the FCI Mendota Contracting Office. The point of contact for this action is Patricia Frausto, Supervisory Contract Specialist, who can be reached at 559-274-4022 or pfrausto@bop.gov.

2. DESCRIPTION OF ACTION BEING APPROVED:

This justification is requested to clean up all visible mold and encapsulate all framing material and wire brush and HEPA all mold and encapsulate. All labor, materials and haul away of debris is included. These areas are in need of remediation at the Federal Correctional Institution in Mendota, CA. The target completion date for this project is October 3, 2019. The material and associated services will be procured as a sole source directly to Katch Environmental.

KATCH ENVIRONMENTAL (DUNS: 557123366)

4975 E. Dakota Ave.

Fresno, CA 93727-7402

UNITED STATES

Phone: (559) 292-6653

3. DESCRIPTION OF THE SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS:

Service will include all labor and materials to effectively remediate mold. This contract will include all remediation, air scrubbing, and haul away of debris. All work shall be completed, tested and cleared prior to completion of contractor. Estimated Value: $35,360.98.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

This acquisition is being conducted under the authority of Title 41 U.S.C. 3304 subsection (a)(2), as implemented in Federal Acquisition Regulations (FAR) Subsection 6.302-2 – Unusual and Compelling Urgency, allows for other than 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 disadvantaged 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. THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATION OR THE NATURE OF

THE ACQUISITION DICTATES USE OF THE AUTHORITY CITED.

FAR 6.302-2 provides for the use of the above authority when an unusual and compelling urgency precludes full and open competition, and delay in award of a contract would result in serious injury, financial or other, to the Government. This application of authority applies for the above listed items as only source who can meet the requirement.

6. EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICAL

In accordance with FAR 5.202(a)(2), the synopsized contract action on the FedBizOpps is not required because the proposed contract action is made under the conditions of FAR 6.302-2, Unusual and Compelling Urgency, and under the circumstances, the Government would be seriously injured if the agency complies with the time periods specified in the FAR 5.203.

However, we will make publicly available the justification required by FAR 6.303-1. In accordance with FAR 6.305(b) and (d), the justification will be posted within 30 days after contract award and remain posted for a minimum 30 days at the Government Point of Entry (GPE) https://www.fbo.gov.

7. DETERMINATION THAT THE COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

The contracting officer will take sufficient measures to ensure the prices/costs proposed are fair and reasonable. The Government estimate is based upon price estimates developed from historical data for similar work. The contracting officer has determined that the anticipated cost to the Government will be fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (See Part 10) AND

RESULTS.

Katch Environmental has expertise and already mobilized to this site for the remediation of mold. Katch Environmental has agreed to expedite remediation.

Market research was conducted to determine the feasibility of remediation from other service providers but continued delay would result in serious injury to the government.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

Based on the above, the requirement was not synopsized due to the urgency of the requirement, thus no other sources were solicited for this requirement. This justification was made and approved after contract award so that the preparation and approval prior to award would not unreasonably delay the acquisition.

10. LISTING OF SOURCES EXPRESSED, IF ANY, IN WRITING, AN INTEREST IN THE

ACQUISITION:

Based on the information and conclusion drawn in paragraphs three (3) and five (5) of this document, FCI Mendota concludes there are no other offerors able to provide these critical services in the short time needed.

11. ACTION TAKEN, IF ANY, TO REMOVE OR OVERCOME ANY BARRIERS TO

COMPETITION:

In the future, FCI Mendota will continue to periodically monitor the market to identify if any potential sources exist that can provide these types of critical services. If such a source emerges, FCI Mendota will assess whether full and open competition for future requirements is feasible.

Due to the unexpected urgent and compelling nature of the procurement, it is unavoidable at this time to limit competition. Under regular circumstances, full and open competition will be given.

12. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS

ACCURATE AND COMPLETE:

In accordance with FAR 6.303-2(12), I certify that the justification is accurate and complete to the best of my knowledge and belief. The estimated price listed is deemed fair, reasonable and advantageous to the government based on prior purchases and submitted quotes.

This request is for approval by the institution contracting officer, under the Simplified Acquisition Threshold ($250,000) as defined in BPAP 4100.06, Part 6.304 (a).

Patricia Frausto, Supervisory Contract Specialist Date

9/26/2019