JOFOC.pdf

"JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION"

Pursuant to Federal Acquisition Regulation (FAR) Part 6.302-2, the Federal Bureau of Prisons has determined that the need to purchase equipment for the replacement parts to repair the hot water heaters at Federal Correctional Complex, Hazelton, WY, meets the criteria established for other than fu ll and open competition due to unusual and compelling urgency. This limitation on competition is justified as supported by the fo llowing information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Complex Butner, North Carolina 27509

2. Description of Action Being Approved:

This is an emergency acquisition for the procurement of equipment for the replacement parts to repair the hot water heaters at USP Hazelton. The estimated cost of equipment is $49,997.00.

3. Description of the services required to meet the agency needs:

This is for the procurement of parts to repair hot water heaters of 6 different housing units at USP Hazelton. Currently a significant portion of the inmate population does not have access to hot water due to failed water heaters requiring immediate repair. This is a requirement to meet the Bureau of Prisons Mission. The current temperatures outside are below freezing and a continuing global pandemic make this an urgent need to prevent serious injury, financial or other to the Government.

4. Statutory authority permitting other than full and open competition:

Pursuant to the provisions of 10 U.S.C 2304(c)(2) or 41 U.S.C. 3304(a)(2), as amended, it is determined that unusual and compelling urgency precluded the use of full and open competition.

It is further determined that delay in issuance of this acquisition would result in serious inj ury, financial or other, to the Government. The inmate population requires hot water for proper cleaning and prevention of disease.

5. Determination that proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

Koval Building Supply is a local small business that is able to immediately provide the requ ired supplies as they currently have them on hand/ in stock.

6. Efforts made to solicit from as many sources as practicable, including whether a Federal Business Opportunity Notice was publicized:

In accordance with FAR 6 and the exemptions at FAR 5.202 (a) (2) the contracting officer has determined that the proposed contract action is for a requirement with unusual and compelling urgency, the Government would be seriously injured if the agency complies with the time period specified in FAR 5.203.

7. Contracting Officer Determination that cost to the Government will be fair and reasonable:

The cost is considered fair and reasonable based on market research. The average cost for all items is about 40 percent more than the provided estimate from Koval Supply Company. Standard list price was used for pricing determination.

8. Description of the Market Survey conducted: Due to the urgent nature of the acquisitions, a quick review of market research was only conducted for price reasonableness to determine the lowest price technically acceptable and available immediately.

9. Other facts supporting the use of other than full and open competition: As part of the overall mission, FCC Hazelton has a requirement to provide essentials of life to include hot water for sanitation at FCC Hazelton. Therefore, it was in the best interest of the Government to procure from a vendor who can provide the product immediately. Any delay in providing the necessity of a properly working security system unit would result in serious injury to the Government and public.

10. List of sources, expressed in writing, interest in the acquisition: None.

11. Actions taken by the agency to remove or overcome barriers to competition:

Market research was conducted for price reasonableness and supply on hand. Koval Building Supply is able to provide product immediately and was able to provide this at the lowest price technically acceptable for the Government.

12. Certifications and Approvals: I certify that the above justification is accurate and complete to the best of my knowledge and belief:

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