JOFOC.docx

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition (JOFOC)

Control #: ATF-21-0019 ARQ # DJA-21-AFIA-PR-0264 Page 4 of 5

1. Contracting Activity:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management Property, Acquisitions and Safety Division 99 New York Avenue NE, 3.S-125 Washington, DC 20226 POC: Brian Wilkins, 202-648-9120 Email: Brian.Wilkins@atf.gov

Requesting Office:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Fire Investigation and Arson Enforcement Division (FIAED) Fire and Arson Investigation Branch (FAIB) 3750 Corporal Road Redstone Arsenal Huntsville, AL 35898 POC: Billy Stapleton, 502-773-4258 and Carla Cox 256-261-7549 Email:

2. Nature/Description of Action being approved, i.e., sole source, limited competition, establishment of a new source, etc:

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a sole source, urgent and compelling firm-fixed price purchase order for the acquisition of heavy equipment services for a fire scene.

3. Description of Supplies/Services and estimated value, including options:

FAIB utilized services provided by Alliano Masonry for heavy equipment services during the investigation of a fire scene located in Ocean City, NJ. These services were in support of the National Response Team (NRT) in the Newark Field Division. Total Cost for the service is $56,581.00. The period of performance was from 2/2/2021 to 2/9/2021.

Proposed Contractor:

Alliano Masonry 302 Fullingmill Road Villas, NJ 08251 P: 609-889-5197 F: 609-889-7480 POC: Barbara Alliano

4. Statutory Authority Cited and Reason for this Authority:

Please select one:

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that Requires use of Authority Cited:

Under exigent circumstances, time constraints dictated by the local law enforcement, Alliano Masonry was contacted by the NRT, which responded to emergency fire scenes in St. Paul, MN. Due to the critical conditions (building collapse, possible hazardous materials release, possible loss of lives and time constraints), services were provided as soon as possible in order for local law enforcement to restore normalcy in the area of the affected incident. Alliano Masonry responded immediately to the fire scenes within hours, with the necessary equipment and personnel for the period of time stated in Section 3.

6. Description of efforts made to ensure that offers were solicited from as many potential sources as practicable. Include whether or not a FBO announcement will be issued and attached a draft of the FBO notice. Include any exception under FAR 5.202, when not synopsizing. Identify if any/similar requirements are anticipated in the future:

Offers were not solicited for this acquisition due to exigent circumstances of emergency fire scene services. As selection of the vendor is based on emergency situations, it is challenging to ensure competition, because the needs are urgent and compelling and need to be met immediately. An inability to acquire these services would have resulted in mission failure.

In accordance with Subpart FAR 5.202 (2), a Notice of Intent was not posted via the Federal Business Opportunity (FBO) website, because the government would be seriously injured if the agency complied with the time periods specified in Subpart 5.203(a)&(b). The NRT can respond anywhere in the United States within 24 hours to assist state and local investigators with emergency fire incidents. The services are required worldwide and are frequently requested by the NRT.

The heavy equipment services are of national significance to the mission; therefore, ATF anticipates that subsequent engineering services and services for emergency fire scenes will be necessary for future requirements.

7. Anticipated Dollar Value, including options…Demonstration of Fair and Reasonable Cost:

In accordance with (FAR) 13.106-3(a) (iv), a comparison of the proposed price has been made with similar items in the same and/or similar industry. See invoice attached.

12/17/2019

Based on the above comparisons, the Contracting Officer (CO) has determined that the stated price proposed by Alliano Masonry is fair and reasonable.

8. Market Research:

In accordance with FAR 5.202(a)(2) the unusual and compelling urgency of this action precludes synopsis due to exigent circumstances. Restricting competition for this acquisition was necessary in order for local law enforcement to restore normalcy in the area of the affected incident. There was no time to complete the requirement and get quotations from several contractors; therefore, in depth market research was not conducted.

9. Additional Supporting Facts:

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available:

N/A

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government.

In accordance with Subpart 6.302-2, Unusual and compelling urgency may be used when the agency’s need for the supplies and services is of such urgency that he Government would be seriously injured. At the Governments request, it was important for the contractor to act immediately to avoid the risk of tampered evidence. If the evidence at the fire scene is tampered with, it may cause the evidence to be inadmissible when presented in court, and may compromise the ATF criminal investigation.

10. Listing of Sources that expressed a written interest in this acquisition:

Proposed Contractor:

Alliano Masonry 302 Fullingmill Road Villas, NJ 08251 P: 609-889-5197 F: 609-889-7480 POC: Barbara Alliano

11. Actions Taken to Remove or Overcome any Barriers to Competition:

The Department of Justice and ATF makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. However, in these types of emergency situations, the Government is not made aware of the incident and does not know the exact location of the emergency until it occurs. Therefore, it’s almost impossible to perform market research beforehand. Acquisition remains committed to utilize competitive procedures to promote competition to the maximum extent practicable.

Certifications:

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify that the facts and representations under my cognizance which are included in this justification are complete and accurate.

Billy Stapletonlllllllllllllll

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

Brian Wilkins,,,,,,,,,,,,,,,,,,,,, 02/12/2021 Brian Wilkins, Contracting Officer Date