JOFOC FCI Edgefield Roofs .pdf

Justification for Other than Full and Open Competition (JOFOC)

FCI Edgefield

Pursuant to the Federal Acquisition Regulations (FAR) Subpart 6.302-2(a)(2), and the Bureau of Prison Acquisition Policy (BPAP) 6.304(c), the Federal Bureau of Prisons (FBOP) has determined that the procurement of Emergency Repair/Replace 3 Housing Unit Roofs and repair damage from flying debris for 5 other buildings' roofs for the Federal Correctional Institution (FCI), located in Edgefield, SC, meets the criteria established for other than full and open competition. It is further determined that this requirement is of an unusual and compelling urgency that delay in award of a contract would result in serious injury, financial, or other, to the Government. This limitation on competition is justified as supported by the following information:

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition":

Federal Bureau of Prisons Federal Correctional Institution 501 Gary Hill Road Edgefield, SC 29824

2. Nature and/or description of the action being approved:

The action to be approved is for the emergency temporary structural shoring, roofing structure rebuild, new roof decking, and patching flying debris damaged roofing at FCI Edgefield from CRS Roofing Systems. The contract type will be a firm-fixed-price.

3. Description of the services required to meet the agency's needs:

In meeting the mission critical needs of the Adults in Custody (AIC) population, the BOP provides safe and secure housing to federal AIC. Three Housing Unit Buildings at FCI Edgefield suffered severe damage from Hurricane Helene. Other buildings suffered moderate repairable damage. Total damage includes 3 housing Unit Roofs (approximately 21,639 sq ft each) with a perimeter length (approximately 920 ft each) and damage from flying debris on 5 other buildings that cover (E) Medical/ (D) R&D /

(B,H,l,J) Visitation, Psychology, Education, VT, Commissary, Laundry, Safety/ (K,L) Food Service, Facilities CAMP (T,U,V ) Administration, Food Service, Laundry, Education, Recreation. It is imperative for immediate repairs to be performed to prevent further damage to the infrastructure. The estimated cost for this project is between $2,300,000.00 and $2,700,000.00.

4. An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2) as implemented by FAR 6.302-2 Unusual and Compelling Urgency.

Specifically, FAR 6.302-2(a)(2) provides for the applicability of this authority in situations "when the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured 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. A demonstration that the proposed contractor's unique qualification or the nature of the acquisitions requires use of the authority cited:

On September 27, 2024, Hurricane Helene caused severe damage to the roofing system at FCI Edgefield, requiring immediate attention to prevent further structural degradation.

CRS Roofing was identified as the only contractor uniquely qualified to perform these emergency repairs due to their proven track record with the FBOP. In 2023, CRS Roofing successfully completed emergency roofing repairs at another FBOP facility following a storm of similar intensity. Their prior experience with emergency response roofing repairs, coupled with their ability to maintain excess emergency materials, allows them to mobilize quickly, providing immediate temporary sealing to prevent water intrusion.

The contractor's unique qualification lies in their capacity to execute emergency repairs without delays, ensuring minimal disruption to institutional operations. The nature of this acquisition, combined with CRS Roofing's experience and readiness, justifies the use of the cited authority under FAR 6.302-2 for unusual and compelling urgency, as no other contractor can provide these time-sensitive services at the required scale and within the immediate time.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2:

The proposed contract action is made under the conditions described in FAR 6.302-2 and therefore the exception as FAR 5.202(a)(2) is applicable. The Government would be seriously injured if the agency complies with the time periods specified in FAR 5 .203.

This is an unusual and compelling urgent acquisition. Any further delay may result in serious injury, financial or other, to the Government. Based on this determination, this action will not be synopsized.

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable:

Based upon prior proposals submitted by CRS Roofing Systems on other roofing and remodeling projects that CRS Roofing Systems completed for the FBOP, the Contracting Officer anticipates the cost to the Government to be fair and reasonable in accordance with FAR 15.404-l(b)(2)(ii) Comparison of proposed prices to historical prices paid. CRS has the knowledge and capability to complete the roof repairs to restore the proper running of the institution.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted:

Due to the urgency and importance of providing the required services, it is determined that a market survey is not feasible due to the circumstances explained in other sections.

9. Any other facts supporting the use of other than full and open competition:

The urgency of the requirement is further supported by the critical need to ensure the safety and security of the institution and its occupants. Delaying the roof replacement could result in significant damage and increased costs to the Government.

10. A listing of sources, if any that expressed, in writing, an interest in the acquisition:

There are no other sources reasonably available that would be able to provide services within the immediate time frame required.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before subsequent acquisition for the required services:

FCI Edgefield will continue to monitor market trends in the industry to see competition or sources that may be able to meet the needs of the Government for all future requirements that are considered non-urgent. For future acquisitions, the agency will ensure that advance planning is conducted to mitigate the need for urgent procurements.

This will include regular assessments of facility conditions.

12. Contracting Officer's certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief:

I hereby certify that the request for approval of this Justification for Other Than Full and Open competition is made in good faith. The supporting data and information are accurate and complete to the best of my knowledge. I further certify that this request is not the result of a lack of advance procurement planning.

RANDALL BURLESON Digitally signed by RANDALL BURLESON Date: 2024.10.29 11:45:56 -04'00'