JOFOC - PacWest - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Privatized Corrections Contracting

Pacific West Controls, Inc.

Taft, California

1. Agency:

The United States Department of Justice, Federal Bureau of Prisons (Bureau), Administration Division, Acquisitions Branch, Privatized Corrections Contracting (PCC).

2. Description of Action Being Approved:

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1 and Bureau of Prisons Acquisition Policy 6.304(a), the Bureau has determined the need for building automation system (BAS) services at the Taft Correctional Institution (Taft CI) meets the criteria established for other than full and open competition. This limitation of competition is justified in accordance with FAR Subpart 6.303-2.

The action to be approved is only one responsible source and no other supplies or services will satisfy agency requirements under other than full and open competition procedures for continued BAS services at Taft CI located in Taft, California.

3. Description of the Services Required to Meet the Agency Needs:

Contract 15BPCC21PWNP10179 was awarded to Pacific West Controls, Inc. with a one year performance period under FAR 6.302-1, only one responsible source, for the period of October 1, 2020 through September 30, 2021 for BAS services.

As part of an energy savings performance contract, the BAS upgrade/replacement was subcontracted out to Pacific West Controls, Inc. in 2016. Automated Logic Control hardware and software is currently used for BAS at Taft Correctional Institution.

Analysis of the market indicates that Pacific West Controls, Inc. is the only Automated Logic Corporation (ALC) authorized dealer for Kern County.

In order for another provider to be capable of providing the service, significant capital improvements would be needed. The Bureau would be required to pay for the capital improvements, but it would not recover the duplication of services, connection fees, and infrastructure installation costs through competition. The current requirement is for follow-on services.

4. 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)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirement. Specifically, FAR 6.302-1 for the applicability of this authority when there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by “unique supplies or services available from only one source or only one supplier with unique capabilities” when “substantial duplication of cost to the Government that is not expected to be recovered through competition.”

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The BAS at Taft CI currently uses Automated Logic WebCTRL software and hardware. The Automated Logic WebCTRL software is proprietary software that was developed by Automated Logic Corporation (ALC) and is an industry leader in innovation and Energy Reduction strategies. Pacific West Controls, Inc. was the subcontractor used to install the existing programming from 2016-2018. Pacific West Controls, Inc. is the only authorized retailer capable of completing the work required for Kern County. The Contracting Officer verified this information with the GSA ALC contact and through ALC’s website.

6. Efforts made to solicit from as many sources as practicable, including whether or not a notice was published in the GPE:

Although, there are numerous authorized retailers for ALC located in California, it was confirmed with ALC and through their website that Pacific West Controls, Inc. is the only authorized retailer for Kern County where Taft CI is located.

7. Contracting Officer’s determination that cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the cost to the Government of $32,000.00 is fair and reasonable based on the services required for Fiscal Year 2021 including an upgrade of a laptop and desktop to Windows 10 as required per the FITARA approval of this acquisition.

8. Description of the market survey conducted:

A market survey revealed Pacific West Controls, Inc. is the only qualified contractor capable of completing the services required in Kern County for the period of performance.

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

None

10. List of sources, expressing in writing, interest in the acquisition:

Pacific West Controls, Inc. expressed interest in providing the services required to monitor the function of high value equipment at the Taft CI starting October 1, 2020.

11. Actions taken by the agency to remove or overcome barriers to competition:

N/A

12. Contracting Officer’s Certification:

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

Submitted By:

Jeffrey Keller Date Facilities Manager

Concurrence:

Trisha Anderson, Contracting Officer Date Privatized Corrections Contracting

JEFFREY KELLER Digitally signed by JEFFREY KELLER Date: 2020.10.13 05:22:29 -07'00'

TRISHA ANDERSON Digitally signed by TRISHA ANDERSON Date: 2020.10.13 09:05:21 -05'00'