JOFOC CHILLER.pdf.pdf

Justification for Other than Full and Open Competition

(JOFOC)

Pursuant to the Federal Acquisition Regulations (FAR) Subpart DEVIATION 6.103-1(b), the Federal Bureau of Prisons (BOP) has determined that the procurement to replace chillers at the Federal Correctional Institution, Manchester KY meets the criteria for other than full and open competition.

It is further concluded that this requirement is of an unusual and compelling urgency that delay in award would result in serious injury, financial, or other, to the Government. This limitation on competition is justified as supported by the following information:

1. FAR DEVIATION 6.104-1(a)(1): Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

Agency: Department of Justice

Contracting Activity: Federal Bureau of Prisons

This document is a Justification for Other Than Full and Open Competition (JOFOC).

2. FAR DEVIATION 6.104-1(a)(2): Nature and/or description of the action being approved.

FCI Manchester experienced a critical chiller failure that resulted in the complete loss of institution. In order to maintain safe operating conditions and ensure continuity of operations, emergency measures were implemented to procure and install a temporary rental chiller trailer.

Licensed contractors were engaged to deliver, connect, and commission the rental equipment to restore cooling services while permanent repairs or replacement of the failed chiller are being evaluated and completed. This action is necessary to support facility operations, protect equipment and occupants, and minimize operational disruption.

3. FAR DEVIATION 6.104-1(a)(3): A description of the supplies or services required to meet the agency’s needs (including the estimated value).

To meet the Bureau of Prisons’ mission-critical requirement of maintaining safe and habitable conditions for the inmate population, housing units and program areas must be kept within the temperature ranges established in P.S. 4200.13, Chapter 16, Section 4 –Building Energy Management, Temperature Set Points During Seasons.

U.S. Department of Justice Federal Bureau of Prisons

Emergency purchase of a replacement chiller and associated installation services required to restore cooling capacity at FCI Manchester following the failure of the existing chiller system.

Services include delivery, setup, electrical and mechanical connections, startup/commissioning, operational support, and removal of current equipment. License contractors are required to perform installation and ensure safe and compliant operation of the new system.

The estimated value of this requirement is $139,877 $130,877is

4. FAR DEVIATION 6.104-1(a)(4): An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2) as implemented by FAR Deviation 6.103-2, Unusual and Compelling Urgency. FAR Deviation 6.103-2(b) provides for the applicability of this authority in situations “when the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.”

5. FAR DEVIATION 6.104-1(a)(5): A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

This acquisition requires the use of emergency procurement authorities due to an unforeseen critical chiller failure at FCI Manchester, which resulted in the immediate loss of cooling capacity for the institution. The urgent nature of the situation created a risk to facility operations, equipment, and occupant safety, and did not allow sufficient time to complete the standard procurement process without unacceptable delays. Immediate action was necessary to secure a temporary chiller rental and contractor support in order to restore cooling services and maintain continuity of operations.

6. FAR DEVIATION 6.104-1(a)(6): A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by part 5 and, if not, which exception under part 5 applies.

Time is of the essence and does not permit the use of normal full and open competition procurement procedures. Due to the urgent circumstances listed above, the procurement will be completed under the authority found at FAC 6.302-2, Unusual and Compelling Urgency. In accordance with FAR 50202(a)(2), this action will not be synopsized. Due to the urgency of this requirement, an experienced contractor will be solicited. The recommended firm, Comfort & Process Solutions, has extensive experience providing temporary chiller rental equipment and permanent chiller system services. The company has historically provided competitive pricing and has successfully completed projects of this nature in a timely manner with excellent workmanship and reliable service. Due to the urgent operational need and the firm’s proven capability to rapidly mobilize equipment and qualified personnel, is recommended to support the emergency cooling restoration efforts at FCI Manchester.

7. FAR DEVIATION 6.104-1(a)(7): A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will conduct a price analysis in accordance with FAR Deviation 15.404-1(b)(5) by comparing the proposed price with the Independent Government Estimate (IGE), which was developed using pricing from similar chiller replacement projects at other FBOP facilities and current market rates for equipment, labor, and materials. If the Contracting Officer is unable to determine the price proposal to be fair and reasonable through the price analysis, then a cost analysis will be conducted to determine cost reasonableness in accordance with FAR Deviation 15.404-2(b)(3)(iii).

8. FAR DEVIATION 6.104-1(a)(8): The market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

A survey of the service for this type of work has been conducted and a highly rated contractor known to have previous experience in this type of service has been identified.

9. FAR DEVIATION 6.104-1(a)(9): Any other facts supporting the use of other than full and open competition.

The chiller failure at FCI Manchester created an urgent and unforeseen operational condition that required immediate action to restore cooling capacity to the institution. Delaying the acquisition to complete a full and open competitive process would have significantly increased the risk of operational disruption, potential damage to facility equipment, and adverse impacts to occupants and critical building functions.

Comfort & Process Solutions was identified as the most qualified source based on its ability to rapidly provide the required rental chiller equipment, mobilize qualified technicians and contractors, and complete installation within the necessary timeframe. The firm’s familiarity with chiller systems, proven performance on similar projects, availability of equipment, and history of competitive pricing further support the decision to proceed with this acquisition under emergency procurement conditions.

10. FAR DEVIATION 6.104-1(a)(10): A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other sources with the ability to provide services immediately with no lapse in service have expressed written interest in this acquisition.

11. FAR DEVIATION 6.104-1(a)(11): 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 or services required.

UNICOR will continue to monitor industry market trends to identify potential competitive sources capable of meeting the Government’s requirements. For all future, non-urgent acquisitions, the agency will conduct advance planning to allow adequate time for competitive procurement methods.

12. FAR DEVIATION 6.104-1(a)(12): Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I hereby certify that this request for approval of a Justification for Other Than Full and Open Competition is made in good faith. The supporting data and information contained herein are accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of advance procurement planning.

Submitted by:

Technical Representative Date

I certify that the supporting data provided by the technical and requirements personnel which forms the basis for this justification is complete and accurate to the best of my knowledge and belief.

Contr acting Specialist Date

, Supervisory Contract Specialist Date

(JOFOC)