Emergency Flow meter Replacement JOFOC 6.302.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FEDERAL CORRECTIONAL COMPLEX, TERRE HAUTE, INDIANA

Pursuant to Federal Acquisition Regulations (FAR) Part 6.302-2, the Federal Bureau of Prisons has determined that the need for the repair and replacement of the deep well flow meter system connected to the FCI and FPC through the water filter building at the Federal Correctional Complex Terre Haute, Indiana meets the criteria established for other than full and open competition due to unusual and compelling urgency. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons FCC Terre Haute Terre Haute, IN

2. Description of Action Being Approved: FCC Terre Haute requires emergency action to replace deep well water meters at the FPC/FCI Water Filter Building. It was discovered that a lightning strike caused an electrical surge to the Filter Building. This in turn caused several malfunctions in the plant to include damage to the metering system that irreparably damaged all the meters beyond repair in the system. In order for the well pump building equipment to operate properly, the water metering system and all associated electrical components must be fully operational. Due to the loss of the particular components an immediate urgent and compelling situation was created due to not being able to obtain the water meter readings and the automated function of water treatment. This creates a life safety issue because the quantity of water in the tower is not being reported. This could cause a shortage and deprive the fire system of the needed capacity in an emergency. It is an Indiana Department of Environmental Management (IDEM) requirement to have functioning flow meters to report daily, weekly, monthly, and annual water usage from the water wells. If this metering system is not replaced it will result in a Notice of Violation from IDEM with the possibility of penalties and fines resulting from non-compliance further causing harm to the Government.

3. Description of the services required to meet the agency needs: FCC

Terre Haute intends to issue a purchase order for the emergency replacement and installation of deep well flow meters to include reconnection of existing electrical and control wiring, start-up, leak check, and provide training on new equipment.

4. Statutory authority permitting other than full and open competition:

Pursuant to the provisions of 41 U.S.C. 253(c) 2), as amended, it is determined that unusual and compelling urgency precluded the use of full and open competition. It is further determined that delay in award of this contract would have resulted in serious injury, financial or other, to the Government.

For continuity of the flow meters, it is in the best interest of

FCC Terre Haute to utilize Graves Construction Services, Inc.

5. Determination that proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

Graves Construction was contacted to assist in making necessary repairs. Graves was available to immediately dispatch a technician to the complex within hours of the loss and was unable to make immediate repairs to the meters. Graves then submitted a quote for replacement parts and is willing to expedite delivery and installation of the damaged meters and has extensive knowledge with the Bureau of Prisons with providing flow meter repair and replacement. The proposed contractor has previous experience working with FCC Terre Haute. Therefore, in an effort to maintain continuity of operations and to maintain safety and security, it has been determined Graves Construction would be capable of meeting the urgent and compelling need of this requirement.

6. Efforts made to solicit from as many sources as practicable, including whether or not a Sam.GOV Notice was publicized: A SAM.Gov synopsis was not required due to the urgent and compelling nature of the acquisition.

7. Contracting Officer Determination that price to the Government will be fair and reasonable: Price is considered fair and reasonable based on knowledge of the pricing of similar services.

8. Description of the Market Survey conducted: Due to the emergency nature of the requirement, market research was not conducted.

9. Other facts supporting the use of other than full and open competition: The urgent and compelling nature of this action required immediate attention.

10. List of sources, expressed in writing, interest in the acquisition:

None for this acquisition.

11. Actions taken by the agency to remove or overcome barriers to competition: None

12. Certifications and Approvals: I hereby certify that the request for approval of this Justification for Other Than Full and Open Competition is made in good faith. The supporting information is accurate and complete to the best of my knowledge.

Submitted By:

Michael Gibson, Date Supervisory Contract Specialist

Concurrence:

Blake Lott Date FCC Terre Haute Facility Manager