JOFOC.pdf

U.S. Department of Justice Federal Bureau of Prisons Field Acquisition Office

U.S. Armed Forces Reserve Complex Grand Prairie, Texas 75051

Justification for Other than Full and Open Competition (JOFOC)

FCI BENNETSVILLE

Pursuant to FAR Subpart Deviation 6.103, the Federal Bureau of Prisons (FBOP) has determined that the procurement to replace chillers at the Federal Correctional Institution (FCI) Bennettsville, South Carolina, 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.":

Federal Bureau of Prisons Federal Correctional Institution Bennettsville (FCI Bennettsville) 696 Muckerman Road Bennettsville, SC 29512

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

The action to be approved is for the emergency replacement of two 587-ton chillers at FCI Bennettsville. The contract type will be firm fixed price and a request for proposal will be issued to Peachtree Mechanical, Inc (Peachtree).

3. FAR Deviation 6.104-1(a)(3): 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. 4200.12, Chapter 16, Section 4 – Building Energy Management, Temperature Set Points During Seasons. The contractor shall remove two non-operational centrifugal chillers and replace them with new units fully compatible with the existing chilled water loop design. Replacement units must integrate seamlessly with the facility’s mechanical systems to ensure reliable operation and compliance with institutional standards. The estimated cost for this project is between $1.3 million and $1.5 million.

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:

Chillers 1 and 3 experienced catastrophic failure beyond repair. The Central Powerhouse chilled water system supplies air conditioning to the facility through three 587-ton York centrifugal chillers. Under normal summer conditions, two chillers are operational, with the third as backup for high-demand days. The loss of two chillers critically reduces capacity, jeopardizing compliance with P.S. 4200.12 temperature requirements.

Replacement units must be fully compatible with the existing York chilled water loop design, housekeeping pads, piping, and controls, limiting the pool of qualified sources.

Peachtree has a location in South Caroline within close geographic proximity to FCC Bennettsville, which allows for rapid mobilization of labor, equipment, and materials in response to the emergency chiller failure. Given the operational and life safety impacts associated with prolonged loss of cooling, Peachtree’s current FBOP background clearance on a prior project can transfer to FCI Bennettsville enabling them to mobilize right away. The ability to mobilize immediately is a critical requirement that cannot be accommodated within the timeframe necessary to conduct full and open competition.

Peachtree has demonstrated recent and relevant experience performing chiller, cooling tower, and mechanical system replacement projects at FBOP facilities and other secure federal installations. This experience includes successful installations of 587-ton centrifugal chillers and York chillers. Peachtree also has established familiarity with FBOP security procedures, institutional access requirements, and coordination with facility operations, thereby reducing startup delays and execution risk.

In addition, Peachtree possesses in-house technical expertise specific to large capacity chiller systems, including removal, replacement, commissioning, and integration with existing mechanical infrastructure. Based on prior performance, Peachtree has demonstrated the capability to stage specialized equipment and initiate emergency mechanical work on an accelerated basis.

Given the urgent need to restore cooling services to maintain safe and habitable conditions at the institution, and the impracticability of meeting this requirement through full and open competition within the available timeframe, Peachtree is determined to be a responsible source capable of meeting the Government’s immediate performance requirements.

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 is practicable, including whether a notice was or will be publicized as required by subpart 5 and, if not, which exception under part 5 applies:

The proposed contract action is made under the conditions described in FAR Deviation 6.103-2 and therefore the exception as FAR Deviation 5.201(b)(1) is applicable. The Government would be seriously injured if the agency complied with the time periods specified in FAR Deviation 5.201. This is an unusual and compelling urgency 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. 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 has determined that the anticipated cost to the Government is fair and reasonable. This determination is based on 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. The IGE reflects a realistic cost for removing and replacing two 587-ton centrifugal chillers at FCI Bennettsville, including integration with the facility’s existing systems.

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:

Due to the urgent need to restore chiller capacity and maintain the required temperature ranges in accordance with P.S. 4200.12, it was determined that conducting a full market survey was not feasible. The catastrophic failure of two of the facility’s three operational chillers has created an immediate risk to safe and habitable conditions for inmates and staff, particularly during peak seasonal demand. Given the specialized nature of the replacement, requiring chillers compatible with the existing York chilled water loop design, footprint, and control systems, only a limited number of sources could perform the work without significant design modifications or delays. As explained in other sections, the proposed contractor possesses prior experience with FBOP’s chiller systems and can mobilize quickly to meet the institution’s urgent operational needs.

9. FAR Deviation 6.104-1(a)(9): Any other facts supporting using other than full and open competition, such as:

The urgency of this requirement is further supported by the direct connection between reliable HVAC operation and the safety, security, and orderly operation of the institution.

Maintaining climate control is essential for inmate health, staff working conditions, and the protection of government property and equipment. Delaying the replacement of the failed chillers would leave the facility with only one operational unit during peak seasonal demand, creating a high risk of complete cooling system failure. Such a failure could lead to unsafe indoor conditions, disruption of essential programs and services, increased tension within the inmate population, and potential security incidents.

Additionally, extended delays could result in damage to building systems due to excessive heat and humidity, compounding repair costs and increasing the Government’s financial exposure. Immediate action is necessary to mitigate these risks.

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

No other sources have expressed, in writing, an interest in this acquisition. Based on the urgent operational need and the requirement for immediate mobilization, there are no other sources reasonably available that can provide the required services within the critical time frame necessary to restore chiller capacity and maintain compliance with institutional temperature requirements.

Peachtree Mechanical, Inc.

535 Marksmen CT Fayetteville, Georgia 30214-5918

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:

FCI Bennettsville 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. This plan will include regular assessments of facility equipment conditions, timely identification of aging or failing systems, and coordination with the SERO Facilities Department to schedule replacements before system failures occur. These actions are intended to mitigate the need for urgent procurements and ensure that maximum competition is sought whenever practicable.

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.

KRISTINA SULLIVAN Digitally signed by KRISTINA SULLIVAN Date: 2026.01.08 08:53:15 -05'00'

TARA JAMISON Digitally signed by TARA JAMISON Date: 2026.01.12 13:23:25 -05'00'