JOFOC_6C3T_FEC_Controllers.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 remove the Johnson Controls FEC and IOM controllers and supply and install with FITARA approved (for use on BOPnet) ECB series controllers. All programming, integration, and graphical pages are included. This installation provides control of the Building Management System (BMS) at the Federal Correctional Institution in Mendota, CA and the FECs have failed or are failing and in need of replacement. The target completion date for this project is November 1, 2019. The FECs will be supplied, installed and functioning properly prior to acceptance of work. The material and associated services will be procured as a sole source directly to Open Control Systems, Inc.

OPEN CONTROL SYSTEMS INC. (DUNS: 079596286)

200 S Virginia St Fl 8 Ste 80172 Reno, NV, 89501-2403

UNITED STATES

Phone: (775) 525-1065

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

Service will include all labor, parts and materials and training necessary to fully upgrade the existing BMS system to ensure full functionality. This contract will include all programming, integration, functionality, trending data and site graphical page functions as requested by Facilities management. FCI Mendota will ensure all equipment is in functioning order and all other controls not being replaced are functioning and able to communicate with the new system. All work shall be completed, tested and adjusted per manufacturer’s recommendations and accepted by the Contracting Officer’s Representative (COR). Estimated Value: $84,700.00.

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.

The Federal Correctional Institution’s building management system is complex and unique.

Open Control Systems Inc. has previously performed work on the building management system and is very familiar with its operation.

These FEC Controllers control and provide information on the Utility Plant and HVAC equipment ensuring it is functional. With the loss of the controllers, the equipment goes into default setting and staff cannot control temperatures according to policy.

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 on this system in this building. A similar scope of work was solicited using full and open competition and awarded to Open Control Systems Inc. as the lowest responsible bidder. 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.

Open Control Systems Inc. has expertise and already mobilized to this site for the supply and install of the FEC Controllers. Open Control Systems Inc. has agreed to expedite this installation, and replace the controllers that have failed and continue in priority order. Open Control Systems successfully completed a building management upgrade at the same facility in 2017. They are currently conducting an upgrade to the Federal Correctional Institution in Herlong, CA that was solicited and awarded under full and open competition.

Market research was conducted to determine the feasibility of supply and install from other service providers but continued delay would result in failure of equipment and serious injury to the government. Furthermore, market research concluded that pricing could be higher than what was originally quoted.

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. The increase in outside air temperatures exceeding 100 degrees created a situation where a delay in award would result in serious injury. 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).

Timothy Elmore, General Foreman Date Technical/Requirements Personnel Certification

Patricia Frausto, Supervisory Contract Specialist Date bop41573 Typewritten Text 06/19/2019 bop47909 Typewritten Text bop47909 Typewritten Text bop47909 Typewritten Text bop47909 Typewritten Text bop47909 Typewritten Text bop47909 Typewritten Text 6/19/2019