JOFOC_12639521P00368.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

P.O.# 12639521P0068 $ 28,294.65 Award Date 02/09/2021 Delivery Date 03/31/2021

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA APHIS CPHST

13601 Old Cutler Road Building 63 Coral Gables, FL. 33158

Contracting Activity:

USDA APHIS/MRPBS/AAMD

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Firm fixed priced follow on purchase order for condenser replacement. The decision to replace two of the condenser units was decided after maintenance services were performed on the current condensers per service order# 12639521P0024 (Awarded 11/16/2020 for $ 5,190.39).

These Condenser Units are used in Environmental Rooms for plant cultivation and insect rearing. A stable temperature (within manufacturer’s specifications) and humidity (within manufacturer’s specifications) is needed to meet rearing requirements. These condensers are currently operating at high refrigerant pressures and with components that need to be replaced due to age and environmental exposure to keep equipment operating effectively, reliably, and efficiently.

A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

Replacement of two Thermaxx Condensing Units with Compressors

1. Model No: BST020M6C / Serial No: T10811677

2. Model No: BST020M6C / Serial No: T10811678

Per TWC Services, Inc. Quote #: 193149.1 Equipment 25,040.00 Material 1,238.40 Labor 1,866.25 Tools & Usage Fees 150.00 Grand Total $28,294.

IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

Authority 41 U.S.C. 253(c)(1) FAR Part 6.302-1 The property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency

And 6.302-1 (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency’s requirements. 41 U.S.C. 3304(b)(2).)

A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

This project started as an amendment to maintenance order number: 12639521P0024 (Awarded 11/16/2020 for $ 5,190.39). however; when it became apparent that two of the condensers actually needed replacing; The complexity of ordering and configuring these (2) units to work with the existing chambers make it apparent that TWC is the only contractor capable of completing this work in the best interest of the government.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS, OR WILL BE,

PUBLICIZED AS REQUIRED BY FEDERAL ACQUISITION REGULATION

(FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202

APPLIES:

Beta SAM Sole Src Notice # USDA-CPHST-193149-1 published 01/13/2021 and closed on 1/28/2021 - No Response

A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

ITEM

Previous Order 12639521P0024

Mod 001 Current QT

193149.1 Difference

Condenser unit $11,603.89 $12,520.00 $916.11 7.89% Incr Material $0.00 $1,238.40 $1,238.40 labor $1,795.00 $1,652.50 $-142.50 -7.94% Decr Tools & Usage Fees $100.00 $150.00 $50.00 50.00% Incr

Price reasonableness was accomplished by comparison of previous prices for similar items, when and where both the validity of the comparison and the reasonableness of the price(s) could be established.

Modification 001 on order 12639521P0024 increased the order by $ 8,308.50 from $ 5,190.39 to a new total dollar amount of $ 13,498.89 Per quote# Quote #: 187316.1 dated 11/20/2020.

According to Herman Valencia,TWC Services Inc Service Manager; The first time this job was quoted, for one condenser unit it was for (12639521P0024 @ 5,190.39). This order was later modified and increased by $ 8,308.50. the price for the condensing unit was initially obtained from a local vendor, for a generic condensing unit. Mr. Valencia stated He didn’t know that the condensing unit needed for this job required the participation of a specialty laboratory that fits the condensing unit with extra parts that are needed to comply with the specific parameters that the walk in coolers at USDA CPHST location demands. According to Mr. Valencia; the condensing unit(s) for the new order alone is approximately $6,000.00 so, the additional $ 6,520.00 cost increase is with the Thermmax lab configurations, to make these units work for the USDA Center for Plant Health Science and Technology application.

Also, on the first quote He listed the condensing unit under the line labeled: Materials.

When the time came to create the second quote (193149.1), 1. He already knew that he had to obtain the condensing units from the laboratory that assemble these condensing units the first time around. 2. And in this quote he listed the condensing units under the line labeled: Equipment rather than materials.

Although there was no increase in cost for labor at TWC Services Inc, ($1,652.50) TWC has no control over labor and material changes with the specialty laboratory that manufactures and fits the condensing units with the extra parts needed. The first quote originally was to replace the Condensers Coil, Once TWC started to replace the coil it was discovered the entire condensing unit was in need of replacement. This is the reason for the material cost increase ($1,238.40). The Material in the current quote# 193149.1, is for items such as Refrigerant, Suction Drier, Piping insulation, electrical connection parts, copper pipe & fittings, and the miscellaneous hardware that is going to be used to bolt the unit down to the concrete slab and make it secure. The 50% increase in tools and usage fees is due to the fact that order 12639521P0024 was for 1 condenser unit and the current quote# 193149.1 is for 2 condensers

12639521P0024 for 1 condenser Material 11,603.89 Labor 1,795.00 Tools & Usage Fees 100.00 Grand Total $13,498.89 quote# 193149.1 for 2 condensers Equipment $ 12,520.00 x 2ea = 25,040.00 Material 1,238.40 Labor 1,866.25 Tools & Usage Fees 150.00 Grand Total $28,294.65

A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON

MARKET RESEARCH WAS NOT PERFORMED:

Beta SAM Sole Src Notice # USDA-CPHST-193149-1 published 01/13/2021 and closed on 1/28/2021 - No Response

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION - FAR 6.303-2(a)(9):

None

A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITON:

None

A STATEMENT OF THE ACTIONS, IF ANY. THE AGENCY MAY TAKE

TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES,

EQUIPMENT, OR SERVICES REQUIRED:

The Agency cannot remove barriers to competition for this particular work at this time due to the fact that this is a follow on order. However; efforts will be made to publish a notification to include information how interested parties may submit capability information for review and consideration of future maintenance contracts since the warranty for this work is only for 30 days.