J and A Nightingale Bridge Contract need Proc Exec Signature (003) (002) EP Signed 11-5-2024.pdf

U.S. DEPARTMENT OF JUSTICE

UNICOR, Federal Prison Industries, Inc.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION:

Authority Cited:

6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements; 10 U.S.C 3304 (c)(1) or 41 U.S.C. 3304 (a)(1)

6.302-2, Unusual and Compelling Urgency; 10 U.S.C. 2304 (c)(2) or 41 U.S.C. 3304

(a) (2).

1. Identification of the agency and the contracting agency.

Bureau of Prisons - UNICOR - Federal Prison Industries – Allenwood, PA

2. Nature and/or description of the action being approved.

The UNICOR Factory at LSCI Allenwood manufactures office furniture, specifically seating. This factory needs specific parts to manufacture their product.

The needed items for their product were on contract with Nightingale, however, that contract has since expired. Procurement is currently in the process of soliciting and awarding a new contract. Although the contract has expired, the Allenwood factory needs the supplies to keep the factory operating. Since these parts for seating are unique to Nightingale, I would like to request a justification for other than full and open competition to purchase from Nightingale to meet the current needs of the factory. The total cost of this bridge contract will be under $10,000,000.00.

Due to the unusual and compelling nature of this procurement, UNICOR wishes to waive other than full and open competition and negotiate with the potential vendor.

3. A description of the supplies or services required that meet the agency’s needs (including the estimated dollar amount).

DESCRIPTION: Raw materials to build the seating lines here at LSCI

Allenwood. Examples are: VXO, IC2, WXO, MXO, LXO, SXO, CXO, etc.

Estimated value of raw materials is $5,838,639.66, see attached excel spreadsheet for detailed information

4. Identification of the statutory authority permitting other than full and open competition.

6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements; 10 U.S.C 3304 (c)(1) or 41 U.S.C. 3304 (a)(1)

6.302-2, Unusual and Compelling Urgency; 10 U.S.C. 2304(c)(2) or 41 U.S.C.

3304 (a)(2).

LSCI Allenwood is a high producing Office Furniture(seating) factory and we are in the middle of our busy season. We are in the process of putting out a new solicitation but due a new procurement review board process, it is taking more time than anticipated. FPI UNICOR Allenwood has a large volume of orders it must fulfill. In order to meet the mission of the factory, it has to utilize specific parts from Nightingale. Nightingale can supply the unique parts that is needed to fulfill its orders. We would like to implement a bridge contract as an avenue to continue ordering parts from Nightingale so the factory can continue to operate and fulfill orders as scheduled at a fair and reasonable price.

5. A description of effects made to ensure that offers are solicited from as many potential sources as is practical including whether a CBD notice was, or will be, publicized as required by Subpart 5.2 and, if not, which exception under

5.202 applies.

FAR 6.302-2 Unusual and Compelling

Due to the unusual and compelling nature of this procurement, competition will be waived, Only Nightingale can provide this unique and specific parts and material for this line of seating.

6. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

LSCI Allenwood previously had a contract with Nightingale for the needed seating parts, Nightingale has agreed to keep the prices constant from the last contract.

Nightingale can provide the unique parts at a fair and reasonable price. This is considered a fair and reasonable price due to past pricing.

7. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

These chairs are specific to Nightingale and the only company that we can get these parts from.

8. Any other facts supporting the use of other than full and open competition.

This bridge contract is being set up as a 6 month base with 3 each two month options. In anticipation of the solicitation being posted to award a new base with 4 option years, indefinite delivery indefinite quantity for OFG seating line.

9. A listing of sources, if any, that expressed in writing, an interest in the acquisition

Nightingale Corporation, 2301 Dixie Road, Mississauga, ON L4Y 1Z9

10. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services are required.

Once a contract is awarded, LSCI Allenwood will order the needed seating parts and material from the contract.

11. Contracting Officer certification that the identification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

By signing the form, the contracting officer certifies the acceptability of the document.

Factory Contracting Officer

_____Approve_____________

Approve/Disapprove & Date

(Required on all J&A’s exceeding $250,000)

Operations Manager Approve/Disapprove & Date

(Required on all J&A’s exceeding $250,000)

Supervisory Contracting Officer Approve/Disapprove & Date

(Required on all J&A’s exceeding $250,000)

Program Manager Approve/Disapprove & Date

(Required on all J&A’s exceeding $250,000)

General Manager Approve/Disapprove & Date

(Required on all J&A’s exceeding $250,000)

Procurement Executive Approve/Disapprove & Date

(Required on all J&A’s exceeding $250,000)

UNICOR Competition Advocate Approve/Disapprove & Date

(Required on all J&A’s exceeding $500,000)

Assistant Director, FPI Approve/Disapprove & Date

(Required on all J&A’s exceeding $10,000,000)

Department of Justice Procurement Executive Approve/Disapprove & Date

(Required on all J&A’s exceeding $50,000,000)

(Signature page should always be on a separate page from the remainder of the justification in case changes are needed.)