IBWCForm355_-_Justification_for_Other_Than_Full_and_Open_Competition.pdf
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- Repairs to Floodgate, Jackson Road Federal contract opportunity
- Solicitation number
- 191BWC18R0006
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IBWC Form 355 (ACQ) 02/2016
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)
I recommend the use of other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).
Requisition Number (If there are multiple requisitions, list each one and include the $ amount of each requisition with a total at the end)
Description of Item(s) to be Purchased (Include brief description of the products or services to be purchased. For products, include quantity and name of each item, brand name (if applicable), and model number (if applicable))
Period of Performance (Include estimated delivery time for products. Include entire period of performance period for services; EXAMPLE: October 1, 2015 - September 30, 2016 or October 1, 2015- September 30, 2018 (base and two one-year option periods). If exact start date is unknown please insert "date of award through...”)
Cost Estimate (If requirement has options state the base amount and list each option year amount separately with a total cost at the end)
Name(s) of Proposed Source(s) (Include Name, Street Address, City, State, and Zip Code for proposed source; If brand name, proposed source would be TBD if there are multiple resellers who are available to sell the brand name product)
Statutory Authority (Select one)
FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements. Citations:
10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).
FAR 6.302-2 Unusual and Compelling Urgency. Citations: 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).
FAR 6.302-3 Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services. Citations: 10 U.
S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3).
FAR 6.302-4 International Agreement. Citations: 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4).
FAR 6.302-5 Authorized or Required by Statute. Citations: 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5).
FAR 6.302-6 National Security. Citations: 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6).
FAR 6.302-7 Public Interest. Citations: 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7).
Reason for Authority Cited (A JOFOC is a stand-alone document. The rationale shall be thoroughly explained in this section.)
Effort Taken to Solicit from Potential Sources (A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies)
02/2016
Fair and Resonable Price to the Government (Include a statement that the Contracting Officer will determine the prices to be fair and reasonable based on applicable price analysis techniques)
Market Research (Was market research conducted? As a result of a sources sought synopsis on FBO.gov, if conducted, did the agency receive any responses? If so, state that the responses will be evaluated. Who responded to the survey, were they qualified, if not, why not? Did the end user conduct any kind of internet search or industry search to determine sources?)
Any Other Documentation to Support the JOFOC (Usually Not Applicable (N/A) but if applicable, include an explanation of why technical data packages, specifications, engineering descriptions, statements of work, or product descriptions suitable for full and open competition have not been developed or are not available)
List of Sources, if any, That Expressed, In Writing, an Interest in the Acquisition (Did any sources express an interest in the requirement, how many, name of who replied/showed interest? If nobody showed any interest, enter statement: “No sources expressed, in writing, an interest in the acquisition”)
Action(s) to be Taken, if any, to Remove or Overcome and Barriers to Competition Before any Subsequent Acquisition for the Supplies or Services Required (Explain how the acquisition will be competed for future acquisitions. If not possible, explain that the requirement will remain a sole source and why)
Statement That the Requirement does not Result From a Lack of Planning or the Expiration of Funds (Simple statement - “This requirement does not result from a lack of planning or the expiration of funds.”)
Technical/Requirements - I certify that the justification is accurate and contains complete data necessary to support the recommendation for a sole source.
Previous contract? If Yes, provide contract number:NoYes
NoYes Action completed? If No, summarize rational and provide FAR authority cited:
Name Title Signature Date
Contracting Officer - I certify that this submission is accurate, and that it contains complete information necessary to enable Approving Officials to make an informed recommendation for approval or disapproval.
Name Title Signature Date
Bureau Competition Advocate (Over $700,000)
Name Title Signature Date
Head of Procuring Activity (Over $13,500,000)
Name Title Signature Date
Senior Procurement Executive (Over $68,000,000)
Name Title Signature Date
Page of
02/2016
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)
..\My Pictures\seal-Large.JPG I recommend the use of other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).
Requisition Number (If there are multiple requisitions, list each one and include the $ amount of each requisition with a total at the end)
Description of Item(s) to be Purchased (Include brief description of the products or services to be purchased. For products, include quantity and name of each item, brand name (if applicable), and model number (if applicable))
Period of Performance (Include estimated delivery time for products. Include entire period of performance period for services; EXAMPLE: October 1, 2015 - September 30, 2016 or October 1, 2015- September 30, 2018 (base and two one-year option periods). If exact start date is unknown please insert "date of award through...”)
Cost Estimate (If requirement has options state the base amount and list each option year amount separately with a total cost at the end)
Name(s) of Proposed Source(s) (Include Name, Street Address, City, State, and Zip Code for proposed source; If brand name, proposed source would be TBD if there are multiple resellers who are available to sell the brand name product) Statutory Authority (Select one) Reason for Authority Cited (A JOFOC is a stand-alone document. The rationale shall be thoroughly explained in this section.)
Effort Taken to Solicit from Potential Sources (A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies)
Fair and Resonable Price to the Government (Include a statement that the Contracting Officer will determine the prices to be fair and reasonable based on applicable price analysis techniques)
Market Research (Was market research conducted? As a result of a sources sought synopsis on FBO.gov, if conducted, did the agency receive any responses? If so, state that the responses will be evaluated. Who responded to the survey, were they qualified, if not, why not? Did the end user conduct any kind of internet search or industry search to determine sources?)
Any Other Documentation to Support the JOFOC (Usually Not Applicable (N/A) but if applicable, include an explanation of why technical data packages, specifications, engineering descriptions, statements of work, or product descriptions suitable for full and open competition have not been developed or are not available)
List of Sources, if any, That Expressed, In Writing, an Interest in the Acquisition (Did any sources express an interest in the requirement, how many, name of who replied/showed interest? If nobody showed any interest, enter statement: “No sources expressed, in writing, an interest in the acquisition”)
Action(s) to be Taken, if any, to Remove or Overcome and Barriers to Competition Before any Subsequent Acquisition for the Supplies or Services Required (Explain how the acquisition will be competed for future acquisitions. If not possible, explain that the requirement will remain a sole source and why)
Statement That the Requirement does not Result From a Lack of Planning or the Expiration of Funds (Simple statement - “This requirement does not result from a lack of planning or the expiration of funds.”)
Technical/Requirements - I certify that the justification is accurate and contains complete data necessary to support the recommendation for a sole source.
Previous contract? If Yes, provide contract number:
Action completed? If No, summarize rational and provide FAR authority cited:
Name Title Signature Date Contracting Officer - I certify that this submission is accurate, and that it contains complete information necessary to enable Approving Officials to make an informed recommendation for approval or disapproval.
Name Title Signature Date Bureau Competition Advocate (Over $700,000) Name Title Signature Date Head of Procuring Activity (Over $13,500,000) Name Title Signature Date Senior Procurement Executive (Over $68,000,000) Name Title Signature Date
ACQ
Laura Baker Justification for Other than Full and Open Competiton 02/08/16 02/08/16 No Yes
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| TextField1: Online and local search for vendors that repair floodgates was conducted. No vendors to perform repairs on these custom gates found. Exception under FAR 5.202 (a) (2) & (10) |
| TextField1: Hardware, seals, hinges, posts, and service for floogates. May include arms and unseen parts once repairs are started. |
| TextField1: Date of award through September 30, 2018. |
| TextField1: |
83093142138 TextField1: Floodbreak 2800 Post Oak Blvd Ste 5850 Houston, TX 77056 ph: 713-980-6610 email: rdriscoll@floodbreak.com Project: Jackson Rd floodgate repair, M-1802-1
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| TextField1: Floodbreak are the proprietors for the existing floodgates. There are no distributors that can provide the maintenance and all equipment information is considered proprietary and confidential. Due to prior communication between IBWC and Floodbreak on the workmanship and warranty of the gate and the fact that Floodbreak has accepted the gate as per their specs. Floodbreak has agreed to cover partial costs for the floodgate repairs. Floodgates are installed on a busy TxDOT public road and are in need of urgent repair. |
| TextField1: N/A |
| TextField1: No sources expressed, in writing, an interest in acquisition. |
| TextField1: The repairs to manufacturer installed floodgates will remain a sole source due to cost and liability involved in gates' function. |
| TextField1: This requirement does not result from a lack of planning or the expiration of funds. |
| TextField1: Internet search yielded no other vendors capable of repairing these proprietary floodgates. IBM09B0005 is the previous contract number, which we acquired the floodgates. |
| TextField1: Contracting Officer will determine the prices to be fair and reasonable pursuant to FAR 15.404-1 Proposal Analysis Techniques. |
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| DateTimeField1: 4/30/2018 |
| DateTimeField1: 4.17.18 |
| TextField2: AOM |
| TextField2: Contracting Officer |
| TextField2: Lanisa McCollum |
| TextField2: Juan F. Uribe Jr |
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