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) MDC Guaynabo

Pursuant to FAR Subpart Deviation 6.103, the Federal Bureau of Prisons (FBOP) has determined that the procurement to replace sewer pipe at Metropolitan Detention Center (MDC) Guaynabo located within the city limits of Cataño, Puerto Rico, meets the criteria established 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 Metropolitan Detention Center Guaynabo (MDC Guaynabo) Intersection of Road 165 & Highway 28 Cataño, PR 00962

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

The action being approved is for the emergency replacement of approximately 900 LF of collapsed sewer pipes in Food Service and Rear Gate areas at MDC Guaynabo. The contract type will be firm-fixed price and a request for proposal will be issued to Today Plumbing Services Corp (Today Plumbing).

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, program areas must be kept in compliance with health and safety standards. The contractor shall replace approximately 400 LF of collapsed sewer pipe in the Food Service and Rear Gate areas; replace approximately 400 LF of the grease interceptor sewer pipe; and install approximately 100 LF of pipe to connect the dishwasher to the grease interceptor sewer pipe and repair the grease interceptor. The estimated cost for this project is $500,000.

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 for."

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:

The Food Service sewer pipe experienced catastrophic failure beyond repair. The main sewer pipe collapsed inside the Food Service area. The main pipe was blocked by large debris, dirt, rocks, grease, and broken pipe, preventing proper wastewater flow. The piping collapsed in different sections of the Food Service area including the grease trap sewer pipe that leads to the main grease trap interceptor. The Food Service lines are unserviceable, causing sewer water backup that saturated the Food Service department. The contractor, Today Plumbing, is located in Puerto Rico, demonstrated the ability to mobilize quickly and has specialized knowledge to meet the urgent installation 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 possible, including whether a notice was or will be publicized as required by part 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 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. 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 sewer pipe replacement projects at other FBOP facilities and current market rates for equipment, labor, and materials. The IGE reflects a realistic cost for excavating collapsed sewer pipes and replacing 900 LF of sewer pipes to integrate with the facility’s existing system, to include repairing the grease interceptor at MDC Guaynabo.

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 the food service sewer pipe and repair grease pipe interceptor, it was determined that conducting a full market survey was not feasible. The catastrophic collapse of the sewer pipes has created an immediate risk to safety and habitable conditions for inmates and staff. Given the specialized nature of excavating collapsed pipes and replacement of the sewer pipes, only a limited number of sources could perform the work without significant delays. As explained in the other sections, the proposed contractor possesses specialized experience and can mobilize quickly to meet the institution’s urgent operational needs.

9. FAR Deviation 6.104-1(a)(9): Any other facts supporting the justification:

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

Maintaining control of sewer water and preventing the overflow of fecal matter into the Food Service area is critical and essential for inmate health, working conditions, and the protection of Government property and equipment. Delaying the replacement of the collapsed sewer pipes would leave the facility without proper sewer flow, causing backflow into the Food Service area. Such 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 food supplies, deterioration of staff working conditions, and inhumane conditions for both staff and inmates. 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, in writing, an interest in the acquisition:

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 the Food Service sewer pipes, grease pipe interceptor, and repair the grease trap interceptor.

Today Plumbing Services Corp.

BO. Guaraguao Carr 174 Km 8.7 Bayamon, PR 00959

11. FAR 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:

MDC Guaynabo 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 6.104-1(a)(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 this 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.

Approved by:

Julie Bergami, Contracting Officer Date Field Acquisition Office

Digitally signed by JULIE BERGAMI Date: 2025.12.17 14:22:12 -06'00'