JOFOC - ITNH - SIGNED.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Authority Cited: 6.302-2, Unusual and Compelling Urgency; 10 U.S.C. 2304(c)(2)

1. Identification of the Agency and the Contracting Agency:

Department of Justice Federal Bureau of Prisons UNICOR – Federal Prison Industries FCI Cumberland 14601 Burbridge Rd SE Cumberland, MD 21502

2. Nature and/or Description of the Action being Approved:

This action to be approved is for the acquisition of services to repair existing equipment that is currently inoperable.

3. Description of Supplies or Services Required to Meet the Agency’s Needs (including the estimated dollar amount):

DESCRIPTION: On site Service to Replace Damaged Print Heads Total Cost: $15,451.00

4. Statutory Authority Permitting Other Than Full and Open Competition:

This action is being procured under authority of 41 U.S.C. 3304(c)(2), and implemented by 6.302-2, Unusual and Compelling Urgency.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

This award was not competed due to both the urgency of the need for repair, and the fact that it is for additional requirements to complete repair work that had already began with this current vendor. A previous service call was made with this vendor, and there were additional repairs needed, which were outside of the scope of the original repair. This vendor performed the initial repair, and to bring in another vendor would lengthen the amount of time for repair. Another vendor would have to come in and decipher the status of the repairs that have been made and repeat troubleshooting and diagnosis already performed by the current vendor, all before they will begin any repairs. This will increase the billable labor hours that it takes to complete the repair, while there is production that is currently stopped due to the inoperability of this equipment. The additional troubleshooting and diagnosis will also result in more billable labor hours by another vendor.

6. Efforts made to ensure that offers are solicited from as many potential sources as is practical including whether a notice was, or will be, publicized as required by Subpart 5.2 and, if not, which exception under

5.202 applies:

In accordance with FAR 5.202(a)(2), this contract action is determined to be of an unusual and compelling urgency which precludes competition to the maximum extent practicable. Delay of an award would result in serious injury, financial, or other, to the Government if the agency complies with the time periods specified in FAR 5.203. Therefore, due to the urgent and unusual nature of this procurement action, a synopsis was not required.

7. Contracting Officer’s Determination that the Anticipated Cost to the Government will be Fair and Reasonable:

There are currently customer orders in the estimated amount of $200,000.00 that cannot be completed due to the equipment being inoperable. We have a deadline we must meet for our Government customers. Based on the expense associated with the further delay of the factory line being inoperable and the expense to have a different vendor come in to make the needed repairs which would require diagnosing the issues at hand, the Contracting Officer has determined this price to be of the best value to the Agency.

8. Description of the Market Survey Conducted and the Results, or a Statement of the Reasons a Market Survey was Not Conducted:

As part of the overall mission of the UNICOR Sign Factory at FCI Cumberland, we are required to maintain operating equipment to make the orders of customers. This machine has been inoperable for approximately four months while waiting on funding approval for repairs. During this time frame, customer orders and satisfactory results are being further delayed. Therefore, it was in the best interest of the Government to procure the services immediately and without further delays. Due to the urgency of this procurement, no additional market research was conducted.

9. Other Facts Supporting the Use of Other than Full and Open Competition:

Not applicable. Please refer to section 5.

10. List of Sources, if any, Expressing in Writing, Interest in the Acquisition:

ITNH, INC.

11. Actions Taken, if any, by the Agency to Remove or Overcome Barriers to Competition Before any Subsequent Acquisition for the Supplies of Services Required:

Not applicable due to the urgency of the requirement.

12. Contracting Officer’s Certification:

In accordance with FAR 6.303-2(b)(12), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Elizabeth, McNealy, Contract Specialist Date

Technical/Requirements Personnel Certification:

In accordance with FAR 6.303-1(c), I certify that the information provided in this justification, is accurate and complete to the best of my knowledge and belief.

John Dawson, Operations Manager Date

12/07/2023

12/07/2023

DESCRIPTION: On site Service to Replace Damaged Print Heads