CO_SOLE_SOURCE.pdf

U.S. Department of Justice Federal Bureau of Prisons

U.S. Medical Center for Federal Prisoners 1900 W. Sunshine

Office of Contracting

Springfield, MO 65807

March 27, 2019

MEMORANDUM FOR PURCHASE ORDER FILE

FROM: Hannah Henry, Contract Specialist

SUBJECT: ENERGY CONSERVATION SUPPLY

Unusual and Compelling Urgency Sole Source Justification and FAR 5.202 Exception.

The US Medical Center for Federal Prisoners has an emergent need for the emergency replacement of Economizer #3 on Boiler #3 in the Powerhouse which has failed. This requirement is determined to be an unusual and compelling urgency per FAR 6.302-2, which precludes full and open competition and delay in award of the contract, would result in serious injury, financial or other, to the government. As a result, an exception to Synposes of Proposed Contract applies per FAR 5.202(a)(2) and is justified below.

Specifically, this is a replacement of the Economizer #3 on Boiler #3 in the Powerhouse. The economizer effects the steam for the institution. The steam is vital to the orderly operation of the institution as it affects the utilities for the entire institution and specifically impacts the laundry, medical and food services departments.

Presently the institution is operating off another boiler which is causing that boiler to work harder. Failure to procure this economizer immediately could lead to serious injury on the agency should the boilers completely fail, as the impact would affect the orderly operation of the institution which would cause security and safety concerns and additional financial cost.

The U.S. Medical Center is requesting a sole source procurement to Energy Conservation Supply for the emergency replacement of the economizer. A verbal request for quote was determined to be the best method in order to procure the service quickly. Energy Conservation is currently on-site performing work for a B&F project to Repair Boiler Burner Units, are already aware of the issue and are capable of immediately replacing the economizer.

Due to the emergent situation, this requirement was Exempt from posting on FedBizOpps (FBO) due to FAR 5.202(a)(2). The reason for limiting to one contractor is that time is a major factor and does not permit use of full and open competition procedures.

The Contracting Officer has determined Energy Conservation Supply, to be the only source reasonably available as outlined per FAR part 13.106-1(b) due to the information listed above. Energy Conservation Supply is registered in SAM. They are not debarred/excluded or otherwise ineligible for award. It is also determined, the price is fair and reasonable based on the community standard.

It is my determination as the Contracting Officer, and the best interest of the Government would be to award the purchase order to Energy Conservation Supply.