JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FEDERAL CORRECTIONAL INSTITUTION BERLIN, NH

Pursuant to the Revolutionary Federal Acquisition Regulation Overhaul (RFO) 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements, the Federal Bureau of Prisons has determined that the procurement for services to repair a chiller at the Federal Correctional Institution in Berlin, NH, hereinafter referred to as FCI Berlin located in Berlin, NH, meets the criteria established for other than full and open competition. It is further determined that only one responsible source is capable of providing services to the institution, and that such an award would prevent serious injury, financial, or other liabilities to the Government. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Institution Berlin 1 Success Loop Rd Berlin, NH 03570

2. Nature and/or Description of Action:

3. Description of supplies or services including estimated value:

The estimated amount for this requirement .

4. Statutory authority:

The statute authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) and implemented by RFO (Revolutionary FAR Overhaul) FAR 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements. Specifically, RFO 6.103-1(b) provides agencies may contract without providing for full and open competition when the supplies or services required by the agency are available from only one responsible source and there is no other type of supplies or services will satisfy agency requirements.

5. Reason for authority cited:

Having operational air condition capabilities is a vital function to the operations at FCI Berlin to ensure a healthy and safe environment for inmates and staff. Without operational air conditioning capabilities with temperatures reaching 90 plus degrees Fahrenheit there is a potential for negative effects to staff and inmates.

6. Efforts made to obtain competition:

Due to the urgent and compelling nature of this requirement, there is not sufficient time to post this requirement to the SAM.GOV website to obtain competition.

7. Determination of fair and reasonable:

Pursuant to FAR 15.403-l(b)(1), the Contracting Officer has determined the prices for these services are deemed fair and reasonable. The Contracting Officer will monitor pricing to ensure that it continues to satisfy this determination.

Pricing from Daikin Applied is in line with industry standards.

8. Description of the market research:

Due to the urgent and compelling nature of this requirement, there was not sufficient time to conduct a formal market survey.

9. Other facts supporting the use of other than full and open competition:

No other supporting facts are identified.

10. List of sources:

No other sources were sought due to the unusual and compelling nature of request. .

11. Statement of actions to remove competition barriers:

Future Acquisitions will be competed when practicable.

12. Certifications and Approvals:

In accordance with RFO 6.104-2, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. I further certify to the best of my knowledge and belief that this request is not the result of lack of acquisition planning, or a desire to expend funds while those funds are still available.

Submitted By: