JOFOC.pdf

Justification for Other than Full and Open Competition

FCI Atlanta

Pursuant to the Federal Acquisition Regulations (FAR) Subpart 6.302-2(a)(2), the Federal Bureau of Prisons (FBOP) has determined that the procurement for repairing roof damage to the food service building at the Federal Correctional Institution (FCI), in Atlanta, Georgia, caused by Hurricane Helene, meets the criteria established for other than full and open competition. It is further determined that this requirement is of an unusual and compelling urgency that delay in award of a contract would result in serious injury, financial, or other, to the Government. This limitation on competition is justified as supported by the following information:

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":

Federal Bureau of Prisons Federal Correctional Institution Atlanta (FCI Atlanta) 601 McDonough Boulevard S. E.

Atlanta, GA 30315

2. Nature and/or description of the action being approved:

The action to be approved is a new contract to repair roofing to FCI Atlanta's food service building due to Hurricane Helene. The contract type will be a firm-fixed-price.

3. Description of the supplies or services required to meet the agency's needs:

To meet the mission-critical needs of the institution, which houses and feeds approximately 2,000 adults in custody (AIC), the repair of the roof damage is essential to ensure the continued provisions of safety and services to the AIC population. The damage includes tears in the membrane, allowing water penetration that has led the failure of the underlayment. This has resulted in water leaking into the building, damaging equipment, light fixtures, ovens, and other areas. Immediate repairs are imperative to prevent further damage to the infrastructure and to ensure the continued orderly operation of the institution’s food service department. The estimated cost for this project is between $450,000.00 and $500,000.00.

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 6.302-2 Unusual and Compelling Urgency.

Specifically, FAR 6.302-2(a)(2) 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, full and open competition need not be provided for."

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

On September 27, 2024, Hurricane Helene caused considerable damage to the roofing system of the FCI Atlanta's food service building, requiring immediate attention to prevent further structural deterioration. CRS Roofing Systems (CRS) is uniquely qualified to perform these emergency repairs due to their proven history with the FBOP.

In October 2024, CRS successfully completed emergency roofing repairs for the Edgefield, South Carolina institution following Hurricane Helene. Additionally, CRS is currently completing emergency roofing repairs for the housing units at the Jesup, Georgia institution. CRS’s prior experience with emergency roofing repairs, combined with their team’s FBOP security clearances and ability to maintain access to emergency materials, allows them to mobilize quickly, providing immediate repairs preventing further water intrusion and deterioration. The urgency of this acquisition, alongside CRS’s roofing experience and preparedness, justifies the use of authority under FAR 6.302-2 for unusual and compelling urgency, as no other contractor can provide these services within the required time.

6. 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 subpart 5.2:

The proposed contract action is made under the conditions described in FAR 6.302-2 and therefore the exception at FAR 5.202(a)(2) is applicable. The Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203. This is an unusual and compelling urgent acquisition. Any further delay may result in serious injury, financial or other, to the Government. Based on this determination, this action will not be synopsized.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the proposed costs are fair and reasonable based on a comparison of CRS’s historical prices for similar projects completed for the FBOP, as outlined in FAR 15.404-1 (b)(2)(ii). Market research further supports that the proposed pricing is in line with the market rates for similar emergency roofing projects. CRS Roofing has the knowledge and capability to complete the roof repairs to restore the proper running of the institution. Based on these factors, the price is deemed fair and reasonable.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted:

Due to the urgent nature of the requirement, a formal market survey was not feasible. The need for immediate action to address damage caused by Hurricane Helene required rapid procurement under FAR 6.302-2, which supports the unusual and compelling urgency of the situation. Conducting traditional market research and solicitation processes would have delayed critical repairs, risking further damage to Government property. Additionally, based on past performance and recent emergency repair projects completed by CRS Roofing, the contractor was determined uniquely qualified to meet the Government's immediate needs.

9. Any other facts supporting the justification:

The urgency of the requirement is further supported by the critical need to ensure daily operations of the institution as well as the safety and security for staff and AIC's at FCI Atlanta. Delaying the roof replacement could result in significant damage and increased costs to the Government.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

There are no other sources reasonably available that would be able to provide services within the immediate time period required.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers that lead to the restricted consideration before any subsequent acquisition for the supplies or services is made:

FCI Atlanta will continue to monitor market trends in the industry to seek competition for sources that may be able to meet the needs of the Government for all future requirements that are considered non-urgent. For future acquisitions, the agency will ensure that advance planning is conducted to mitigate the need for urgent procurements. This will include regular assessments of facility conditions.

12. Contracting Officer's certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief:

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

Submitted by:

Krista Sua, Contracting Officer Field Acquisition Office

Joi Brown, Facilities Manager FCI Atlanta

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Concurrencej

A. Thoms III, Warden FCI Atlanta

Approvedj

Kathy Cole, Chief Field Acquisition Office

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