15B62021PW9E10001 - MISCOwater - JOFOC.PDF

U. S . Department of Justice Federal Bureau of Prisons

Federal Correctional Institution

Mendota, California 93640

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT 6D9E - Auger Monster Repair

15862021PW9E10001

1. AGENCY:

This action is for the Department of Justice, Federal Bureau of Prisons located at the Federal Correctional Institution (FCI), 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 utilize TW Associates, Inc. (dba MISCOWater) [DUNS:

071883599] for the refurbishment of the institution's JWC Environmental Auger Monster Screening System. The Auger system has seen extensive use during its lifespan and requires repair and replacement of parts to maintain function. The action includes the furnishing of new, original replacement parts, to include the replacement of the auger screen, pivot point(s), grinder, and controls system, as well as any travel, labor, fees, testing, certifications, and other unidentified direct costs related in this action.

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS:

Currently, the Auger Monster system is in satisfactory condition, but requires several replacement parts, updated electrical wiring, and specialized maintenance to continue full functionality and performance to maintain its projected useful life.

The refurbishment of compatible parts is necessary to maintain functionality of the existing Auger Monster System and certified - licensed staff are needed to perform the services that will be required to perform the disassembly, evaluation, repair and installation of replacement parts, devices, and other components that are to be utilized as part of the refurbished system.

All work will be completed in accordance with the approved Statement of Work (SOW) applicable to the award. The estimated value of this action is $170,185.00.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

This action is being conducted under the authority of 10. U.S.C. 2304(c)(1) and FAR 6.302-1:

Only one responsible source and no other supplies or services will satisfy agency requirements.

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5. THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATION OR THE NATURE OF

THE ACQUISITION DICTATES USE OF THE AUTHORITY CITED.

Due to the existing equipment installed at FCI Mendota, compatible equipment must be used. If compatible equipment is not utilized, additional substantial costs would be incurred on behalf of the government for the installation of a new Auger system. These costs do not include additional construction costs needed to meet new requirements, or revise existing structures, construction, plumbing, and/or fixtures to meet the new requirements of a new system.

Additionally, the installation/construction of a new or customized system would lead to unacceptable delays, as the system must remain functional for institution purposes.

Due to FCI Mendota's remote location, it is highly unlikely we will be able to locate a competitor who is both responsible and responsive, is willing to travel, meet contractor security requirements, and is able to provide the parts, service, and expertise necessary to complete the project within required timeframes.

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

POTENTIAL SOURCES AS IS PRACTICAL

JWC Environmental is the inventor and owner of the Auger Monster and Auger Monster Screening System. They hold patents and trademarks for this product. JWC Environmental is the sole manufacturer of this product and the exclusive source for service parts.

Due to JWC being the only responsible source for this item, the item can only be procured from Sales Representatives based on geographic region. Due to FCI Mendota's location, MISCOwater is the only authorized Sales Representatives for the Northern California Region for JWC products and is the only responsible source available within 150 miles of the institution.

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

REASONABLE:

In accordance with FAR 13.106-3(a), efforts were made to ensure that the proposed price is fair and reasonable. Market Research conducted determined that there only existed one supplier for the above listed products, and only one authorized responsible source. Comparisons could not be conducted due to lack of competition within the industry within this geographical area. An

. Independent Government Estimate (IGE) was developed by the Program Manager. In comparison to the IGE, the contracting officer will take further measures to ensure the prices/costs proposed continue to be fair and reasonable.

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

RESULTS. ·

Please see Section 6 & Section 7.

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

COMPETITION:

The Auger Monster Screening System is comprised of a muffin monster grinder and an auger screen which are an integrated system comprised of the following components exclusive to JWC Environmental:

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• JWC Environmental CMF2412-M2.0E Channel Monster Flex Upgrade - there is no other engineered grinder available on the market in this size range capable of processing the high flows through the existing channels without modifying concrete infrastructure at the headworks.

• Mounting brackets installed in the concrete channel are unique to the dimensions of the model CMF2412-M2.0E.

• Auger screen labyrinth seal and Drive interface are proprietary and already installed.

• Controller Model PC2253 is exclusive to the Auger Monster Screening System.

• Electrical power cables and control cables installed in metal conduits are unique to the Auger Monster Screening System.

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

ACQUISITION:

No additional sources expressed an interest in the acquisition.

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

COMPETITION:

Due to the unique nature of the acquisition and lack of competition in the industry within this geographical area, Market Research conditions are unlikely to change. Efforts to expand competition within the industry are beyond the scope of this acquisition.

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/or submitted quotes.

This request is for approval by an institution contracting officer, under the Simplified Acquisition

· Threshold ($250,000) as. defined in BPAP 4100.06, Part 6.304 (a).

Marcos Martinez, i ies Manager Technical/Require ents Personnel Certification

Patricia Frausto, Supervisory Contract Specialist Date

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