Non-Compete Memo- 15BBNF27P40300001 -FCI Englewood - Emergency Repair Generators.pdf

NON COMPETITIVE MEMORANDUM FOR

SIMPLIFIED ACQUISITION ACTIONS

FAR RFO 12.102 (a)

1. REQUIRING AGENCY – DOJ/Bureau of Prisons, FCI Englewood, 9595 W. QUINCY AVE, Littleton, CO 80123

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED – Urgency

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

The agency has an urgent requirement for the repair of the Emergency Standby Generators located at FCI Englewood, including all necessary materials, equipment, replacement parts, testing, and associated services.

The facility's backup power infrastructure is in a critical state. One of the two standby generators is currently inoperable, while the second is at imminent risk of catastrophic failure due to engine coolant leaking from the radiator core assembly. Continued operation under these conditions could cause the generator engine to overheat and seize, resulting in complete equipment failure. Failure of the remaining generator would significantly increase the risk of losing all emergency standby power during a utility outage. Additionally, operating the generator in its current condition may cause further internal engine damage, potentially necessitating the complete replacement of the backup generators at substantially greater cost to the Government. Any delay in completing these repairs could result in a total loss of emergency power capability during a utility outage, adversely affecting the institution's ability to operate safely and effectively. Such a loss would impact life-safety systems, security systems, communications infrastructure, and other critical facility operations necessary for the orderly running of the institution. The resulting risks to the safety and security of staff and inmates, and the facility can be catastrophic during a total power failure. Accordingly, this requirement is considered urgent and compelling because the Government would be seriously injured if the agency were not permitted to limit the number of sources from which it solicits bids or proposals. The estimated value of this requirement is $318,502.88

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION – 41 U.S.C. 1901(e); 41 U.S.C. 3304(a)(2)

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

NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

Currently, one backup generator and its associated equipment have failed, and the second backup generator is nearing complete failure. Temporary workarounds are no longer sustainable and serve only as short-term measures that present significant operational risks. Continued operation under current conditions could result in generator overheating, engine seizure, and total system failure. WAGNER EQUIPMENT CO has been identified as a source capable of performing the required repairs and restoration efforts without delay. Due to its familiarity with the existing backup generator systems and associated equipment, WAGNER EQUIPMENT CO can promptly deploy qualified personnel to restore the generators to full operational status. Immediate action is necessary to mitigate further risk, prevent catastrophic equipment failure, and maintain the safe and reliable operation of the institution. Any future requirements of a similar scope or magnitude will be acquired using competitive procurement procedures to the maximum extent practicable, as circumstances permit

6. Contract No: 15BBNF27P40300001 Vendor: WAGNER EQUIPMENT CO UEI: JS3QNLCR9CP6

CONTRACTING OFFICER’S CERTIFICATION

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

Contracting Officer