JOFOC FCI Jesup Roof .pdf

U.S. Department of Justice

Federal Bureau of Prisons

Office of the Procurement Executive

Washington, D.C. 20534

October 22, 2024

MEMORANDUM FOR RANDALL C. BURLESON, CPCM

FROM:

SUBJECT:

SENIOR DEPUTY ASSISTANT DIRECTOR FOR

ADMINISTRATION/ PROCUREMENT EXECUTIVE

COMPETITION ADVOCATE

KRISTINA

SULLIVAN

Digitally signed by

KRISTINA SULLIVAN

Date: 2024.10.22 11 :06:37 -04'00'

Kristina Sullivan, Chief

Procurement Operations Branch

Justification Routing for Review and Approval

Attached for your review and approval is a Justification for

Other than Full and Open Competition for the procurement of

Repair Hurricane Roof Damage to E Housing Unit for the Federal

Correctional Institution (FCI), located in Jesup, Georgia. The overall estimated value for this service is between $750,000.00 and $800,000.00.

Note from B&F Section Chief - On September 27, 2024, Hurricane

Helene caused severe damage to the roofing system at FCI Jesup, 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.

If you have any questions, please let me know.

Justification for Other than Full and Open Competition (JOFOC)

FCI Jesup

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 Repair Hurricane Roof Damage to E Housing Unit for the Federal Correctional Institution (FCI), located in Jesup, GA, 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 Jesup (FCI Jesup) 2600 Hwy 301 South Jesup, GA 31599

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

The action to be approved is a new contract for the repair/replacement of roofing at FCI Jesup from CRS Roofing Systems (CRS Roofing). The contract type will be firm-fixed pnce.

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 for federal AIC. The E Housing Unit at FCI Jesup suffered damage from Hurricane Helene and is need of a replacement of a large portion of roof (approximately 7,214 square feet of flat roof and 695 linear feet of parapet). It is imperative for immediate repairs to be installed to prevent further damage to the infrastructure. The estimated cost for this project is between $750,000.00 and $800,000.00.

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 Jesup, 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:

The Contracting Officer has determined that the proposed costs are fair and reasonable based on a comparison of CRS Roofing Systems' historical prices for similar projects completed for the FBOP, as outlined in FAR 15.404-l(b)(2)(ii). Market research further supports that the proposed pricing is in line with market rates for similar emergency roofing projects. CRS Roofing has the knowledge and capability to complete the roof repairs to restore the proper running of the institution. Based on these factors, the price is deemed fair and reasonable.

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 urgent nature of the requirement, a formal market survey was not feasible. The need for immediate action to address damage caused by Hurricane Helene required rapid procurement under FAR 6.302-2, which supports the unusual and compelling urgency of the situation. Conducting traditional market research and solicitation processes would have delayed critical repairs, risking further damage to Government property.

Additionally, based on past performance and recent emergency repair projects completed by CRS Roofing, the contractor was determined to be uniquely qualified to meet the Government's immediate needs.

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 Jesup will continue to monitor market trends in the industry to seek 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.

Submitted by:

Digitally signed by JULIE

BERGAMI

Date: 2024.10.08 09:03:53 -05'00'

Julie Bergami, Contracting Officer Field Acquisition Office

10/8/2024 Date

I hereby certify that the supporting data provided by the technical and requirements personnel which form the basis for this justification is complete and accurate to the best of my knowledge and belief.

Timothy Elmore, Ficilities Manager FCI Jesup

Concurrence:

KATHY COLE

Kathy Cole, Chief Field Acquisition Office

Approved:

RANDALL BURLESON

Date

Date

Digitally signed by KA THY COLE

Date: 2024.10.20 16:41 :39 -05'00'

Date

Digitally signed by RANDALL BURLESON

Date: 2024.10.29 12:26:01 -04'00'

Randall C. Burleson, CPCM Date Senior Deputy Assistant Director for Administration/Procurement/Executive/Competition Advocate