JFOC_ REAR GATE.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-2 (a) (1) and 6.302-2 (b) (1), and the Bureau of Prisons Acquisition Policy (BPAP) 6.304 (a), the Federal Bureau of Prisons (BOP) has determined that the procurement to repair the rear gate at the Medium Facility at the Federal Correctional Complex (FCC) located in Lompoc, California meets the criteria established for other than full and open competition. It is further determined the circumstances around the procurement are of an urgent and compelling nature. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Complex 3901 Klein Blvd.

Lompoc, CA, 93436

The Federal Bureau of Prisons proposes to enter into a contract of other than full and open competition for the Federal Correctional Complex in Lompoc, California.

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

This is for a new contact action under a firm fixed price for emergency repair services to the rear gate located at the Medium Facility at FCC Lompoc.

3. Description of Supplies or Services Required to Meet the Agency Needs:

This requirement is to provide emergency repair services to the rear gate at the Medium Facility at FCC Lompoc at a total cost of $128,958.82. These services require the repair of the current Tymetal PLUSS Sallyport gate system, as well as posts, overhead tracks, trolley’s, gate, chain, and control box. The chain link gate frame requires galvanized coating. This will allow FCC Lompoc to accomplish the mission objective.

4. Statutory Authority Permitting Other Than Full and Open Competition:

The statutory authority permitting other than full and open competition is 41 U.S.C. 253

(c) (1) as implemented by FAR 6.302-2 (b). When an unusual and compelling urgency is present in which delay would result in serious injury, financial, or other, to the Government justification for other than full and open competition is present.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of

2 | P a g e the Acquisition Requires Use of the Authority Cited:

American Fence and Security Company, Inc. is uniquely qualified to provide these services to FCC Lompoc based upon the following:

American Fence and Security Company has over 70 years in the fencing industry with experience in installing high security perimeter fences, intrusion barriers, and automatic access controls within the United States. Their company offers specialized correctional fencing as well as automated access control capabilities. Working with various correctional institutions has given this company knowledge of PLUSS locking gate systems as well as prison procedures and policies when working on-site. This includes checking in and out tools, the need for lay down yards, working with staff escorts, as well as how to dress and act when working around the inmate population. The company is located in California, only a few hours from the institution and the company has communicated that they are available for immediate repair. This will assist in keeping procurement costs down by minimizing travel requirements for the contractor.

The rear gate is currently being operated manually and secured with a lock and chain.

This causes an immediate security threat to the Institution and requires extra staff on shift to secure the area from attempted escapes, keeping the surrounding community safe.

Extra staffing causes financial overtime burdens to the Institution as well as causing staff to stay for mandatory shifts when the staffing levels are already at a shortage. As per FAR 6.302-2(b) these circumstances qualify as urgent and compelling reasons in order to prevent potential harm to the government.

6. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

The Contracting Officer determines that the price is fair and reasonable based on prior acquisition history completed at FCC Lompoc.

7. Description of the Market Survey Conducted:

Previous acquisition history at FCC Lompoc were analyzed. Due to the urgent and compelling nature of the procurement at the time, no other research was done to find outside vendors.

8. Other Facts Supporting the Use of Other Than Full and Open Competition:

The immediate repair is required for security purposes of the Institution keeping the area secured as well as keeping staff and the community safe from any attempted escapes. A delay in award causes more financial burden to the Institution, causing the total procurement to increase in price and time.

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9. List of Sources, Expressing in Writing, Interest in the Acquisition:

No other sources were sought due to the urgent and compelling nature of the acquisition

10. Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

FCC Lompoc will monitor the requirements and available vendors for repairs in the future if it becomes required.

Contracting Officer’s Certification:

I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Krista Sua Date Contracting Officer FCC Lompoc