Justification Approval for Other Than Full and Open Competition Big Tops redacted_Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by FAR Subpart 13.5 and in accordance with the requirements of FAR 13.501, the justification for the use of statutory authority under FAR Subpart 8.4 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC), Facilities Management Division (FMD), and the Procurement Division (PRO) proposes to enter a contract on the basis of other than full and open competition.

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

FLETC intends to procure on a sole source basis maintenance, repair, and cleaning of the Big Top structures located . Solicitation number 70LGLY23QGLB00113 has been assigned to this acquisition. It is expected that only one (1) award will be made off of this solicitation. FY23 Operation and Support funds have been committed for any resultant award. The estimated dollar amount for this acquisition is

Description of Supplies/Services. FLETC FMD is responsible for the maintained and upkeep of structures located that are used for training. There are eight (8) Big Top structures located on the Center and each are used in different types of training. This acquisition is to provide maintenance, repair, and cleaning to all of the Big Top structures located on the Center. Without these services, the Big Top structures will not be available for use for training due to safety and health concerns.

Identification of Statutory Authority Permitting Other Than Full and Open Competition. Identify the most applicable statutory authority that will be used to justify other than full and open competition from the seven listed under FAR 6.302.

The statutory authority permitting limited sources is 41.USC.1901 and 41.U.S.C.1903 implemented by FAR Subpart 13.501 , sole source.

5. Identification of Exception to the Buy American Statute: N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. This paragraph is one of the most important parts of the J&A and should clearly identify why the proposed action must be accomplished through other than full and open competition. Provide a well-reasoned, detailed discussion of the issue that will make it clear to someone who is unfamiliar with your organization or your requirement why full and open competition cannot be used for this procurement.

This acquisition is for sole source acquisition for maintenance, repair, and cleaning of

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021) eight (8) Big Top structures on the Center. Big Top has stated in writing that their design is proprietary, and they do not share any design information with any third party vendors that are not authorized. Big Top states that Unks Construction is the only company Big Top has authorized for the Brunswick area to clean the Big Top structures. Big Top does not clean the structures. Big Top also stated that this company is also authorized to perform maintenance and repair without voiding warranty.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

This acquisition will not be published as per FAR 5.202. However, this J&A will be posted on SAM.gov.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on publicly listed prices.

9. Description of Market Research.

A search of the GSA schedules and open source vendors resulted in the identification of one (1) company that can provide the services without voiding the warranty of the Big Tops structures.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

N/A

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition:

N/A

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required:

N/A

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Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021)

Chief Procurement Officer Date

Note: The Chief Procurement Officer is the final approving official when the action exceeds $75M (exceeds $100M for USCG) and must also sign the justification when the contract is awarded under FAR 6.302-7 Public Interest or the justification results in the invocation of the exception to the Buy American statute at FAR 25.103(b)(2) or 25.202(a)(2), regardless of dollar amount. When CPO approval is required only because FAR 25.103(b)(2) or 25.202(a)(2) is applicable to the procurement, the J&A shall be routed for review and approval using the Buy American Reporting Tool in OCPO’s Enterprise Reporting Application.