A4 JOFOC - Pole Barn rd.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition (JOFOC)

Control #: ATF21-______ ARQ #DJA-21-ALAD-PR-0452 Page 2 of 5

4. Pursuant to FAR Subpart 6.3 and in accordance with the requirement of FAR 6.303, this J&A is supported by the following statutory authority and reason for statutory authority cited:

Please select one:

[ X ] 41 USC 3304(a)(1), Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements, FAR 6.302-1

[ ] 41 USC 3304(a)(2), Unusual and Compelling Urgency, FAR 6.302-2

[ ] 41 USC 3304(a)(3), Industrial Mobilization, FAR 6.302-3

[ ] 41 USC 3304(a)(4), International Agreement, FAR 6.302-4

[ ] 41 USC 3304(a)(5), Authorized or Required by Statute, FAR 6.302-5

[ ] 41 USC 3304(a)(6), National Security, FAR 6.302-6

[ ] 41. USC 3304(a)(7). Public Interest, FAR 6.302-7

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that

Requires use of Authority Cited: This paragraph is one of the most important parts of the J&A and should spell out why you have to restrict competition on this requirement.

Blue Construction Services has performed well and is nearly complete with the project.

They have all the vendors, and sub-contractors, equipment and materials secured and in place to finish the remaining work quickly and as inexpensively as possible. Blue construction has also completed site preparation and is liable for storm water management and site erosion. The prepackage building manufacturer is specific to that type of construction and material offerings, and any new prime contractor would have to enter a new negotiate for the remaining services increasing the likelihood of error and or mismatched materials. A stop work has been issued to the contractor due to unfinished work needed past contract end date.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable. Include whether or not a FBO announcement will be issued and attached a draft of the FBO notice. Include any exception under FAR 5.202, when not synopsizing. If the justification covers a brand name requirement, this section should address compliance with FAR 5.102(a)(6). Identify if any/similar requirements are anticipated in the future.

In accordance to FAR Part 6.305(a) availability of the justification, the agency shall make publicly available the justification and shall be made public within 14 days after contract award. This justification will be posted on Beta Sam.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition (JOFOC)

Control #: ATF21-______ ARQ #DJA-21-ALAD-PR-0452 Page 4 of 5

It is not economically feasible or practical for another company to finish this construction project. Any work from another prime contractor would likely void the warranties provided by the initial prime contractor. The new vendor would be hesitant to provide warranty for any system that would have to be tied into a system left as a result of the previous work, there by leaving the government at risk during the warranty period

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A.

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government.

N/A

10. Listing of Sources that expressed a written interest in this acquisition:

None

11. Actions Taken to Remove or Overcome any Barriers to Competition. 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/services required. Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service.

The Bureau makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The Acquisitions Branch will continue to utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable.