JOFOC.pdf

NON COMPETITIVE MEMORANDUM

FOR SIMPLIFIED ACQUISITION ACTIONS

IAW FAR 13.106-3(b)(1)

1. REQUIRING AGENCY – DOJ/Bureau of Prisons, FCI Estill

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED – Urgency – Repair interior Finishes

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

The agency urgently needs to replace drywall and ceiling tiles in several areas of the institution including a complete restoration of the Food Service areas at FCI Estill. The existing interior finishes to include lighting, ceiling tiles, and drywall are all severally damaged due to a tornado in April of 2020.

The estimated cost for this requirement is $50,000. The repairs will be completed by Federal Bureau of Prisons staff members and inmate work crews who are part of a Central Office Strike Team and will take approximately four 8 weeks to complete. In accordance with FAR 13.106-1(b)(1)(i), only one source is reasonably available due to unusual and compelling urgency.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL

AND OPEN COMPETITION – 41 U.S.C. 253; 41 U.S.C. 1901(e)

At present, the FCI Estill has several interior areas that are not operational due to severe damage that occurred in 2020 from a tornado. A contractor was hired to complete exterior repairs including the installation of a new roofing system after the tornado. This contractor is now complete with the exterior repairs allowing for the interior work to begin. Without the interior work being completed high important areas such as food service, housing units, and medical will remain closed as they are not safe to work in. The repairs are urgent to ensure secured areas remain safe and clean for the institution. The proposed supplier is a construction materials supply company with expertise and ability to procure and deliver the required construction materials and equipment to the institution in a timely manner. The contractor can meet the urgent timeline, supply the institution with all materials and equipment needed to complete the project. The estimated delivery date for all products is December 19, 2025.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE

NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

Due to the urgent nature of the requirement, the proposed selected contractor, Foundation Building Materials (FBM), can begin fulfilling the award satisfying the four (4) week procurement and delivery lead time. Procuring from another source would require additional lead time for site evaluation, material procurement, and scheduling, and higher prices resulting in unacceptable delays.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTES ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE:

Due to the urgent nature of this requirement, a 15-day pre-solicitation was not posted on the GPE, four quotes were received via email; 1.) L&W Supply UEI# DB8HAD75P369 (not active) for $89,942.70, 2.) Savannah Drywall Supply No SAM.gov registration, for $48,415.30, 3.) Royal Media Network, Inc UEI YZN9GXTG2QL7, for $141,027.33, and 4.) FBM UEI E6AZL3VLPM29 for $48,669.45. FBM has an active SAM.gov registration with record of providing the Federal Bureau of Prisons with similar materials in past purchase orders with no delays and fair and reasonable pricing.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED PRICE TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE:

The quoted price of $48,669.48 from FBM was evaluated against similar products in prior procurements, other quotes received, as well as current material market conditions. Considering the urgency of the scope of work — which includes product availability, constraints of obtaining puncture rated dry wall, and ceiling track that is rated for secured areas, delivery, and logistical challenges — the price is considered fair and reasonable for the urgency and specialized security, and safety requirements of the institution.

8. OTHER FACTORS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

Failure to procure these items would result in a massive loss of time and effort set forth by the Deputy Director of the Federal Bureau of Prisons, FCI Estill Facilities team members, and the newly developed facilities strike teams established by the BOP Director. The work crew is scheduled to arrive at FCI Estill during the first week of January 2026. Materials and equipment are required to be on-site to allow for this project to be completed in a timely manner. The Institution requires new drywall, ceiling, and lighting to be replaced by the strike team during their deployment to FCI Estill.

Without the materials delivered on time the institution’s repairs will not be done.

CONTRACTING OFFICER’S CERTIFICATION

I certify this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer

Awarded on Purchase Order Number 15BBNF26P00000009