JOFOC-Emergency Lift Station.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-2 (b)(l)and/or(2), and Federal Bureau of Prisons Acqu isition Policy (BPAP) 6.304(c), the Federal Bureau of Prisons (BOP) has determined that repa ir of USP lift station system in the United States Pen itentiary (USP Terre Haute) located in Terre

Haute, Indiana meets the criteria established for other than full and open competition .

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

Department of Justice

Federal Bureau of Prisons

USP Terre Haute

4700 Bureau Road, South

Terre Haute, Indiana, 47802

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED:

Th is action is for the acqu isition of an emergency replacement to lift stat ion in the USP located in Terre

Haute, Ind iana.

3. DESCRIPTION OF SERVICES AND ESTIMATED VALUE:

USP Terre Haute has a requirement for the provis ion of all labor, materials, and equipment necessary to provide emergency replacement of the USP Lift station system. This requirement is considered urgent and compelling as the lift station that pumps away waste water from the complex is completely inoperative. The lift station transports sewage water from lower elevations to higher elevations and leads to the municipal wastewater treatment facility. The lift station maintains water flow and prevents backup to the facility thereby preventing costly damages and diseases that are contained in sewage waste waters such as defined by the CDC.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competit ion is 41 U.S.C. 3304(a)(2) as implemented by FAR 6.302-2. FAR 6.302-2 states (a) - "(l)an unusual and compelling urgency precludes fu ll and open competition; and (2) Delay in award of a contract would result in serious injury, financial or other, to the Government." It is determined the procurement of emergency replacement of the lift station meets the criteria established for other than full and open competition for this requ irement.

5. DEMONSTRATION THAT PROPOSED MANUFACTURER'S UNIQUE QUALIFICATIONS OR THE NATURE

OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

The current system had quit working. This system is considered a Life Safety measure and necessity for the safe and secure operat ion of the institution . If wastewater backed up into the facil ity it could necessitate the need to evacuate the facility which would warrant an unprecedented cost to the facility.

Due to the compelling and urgent nature of this acquisition, USP Facilities staff communicated directly with a local vendor, Houdini services, Incorporated, as they have previously worked on the lift station at the facility. This particular vendor is able to provide immediate assistance.

6. EFFORTS TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS

PRACTICAL:

This is an unusual and compelling urgent acquisition. Any further delay may result in serious injury, financial or other, to the Government. In addition, this is a life safety issue, thus solicitation of other sources will not be conducted at this time. Based on this determination, this action will not be synopsized.

7. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

The Contracting Officer anticipates the cost to the Government will be fair and reasonable. Houdini

Services, Inc. has the knowledge and capability to complete the replacement of the Lift station ystem without delay.

8. DESCRIPTION OF MARKET RESEARCH:

The contractor has indicated they are available to provide immediate assistance. With the time constraint, further market research cannot be conducted, however, after evaluating the current market trend, which included an examination of direct and indirect costs we determined the estimated projected costs between 20 thousand and 30 thousand to be fair and reasonable.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

USP Terre Haute, needed to take quick and immediate action in order to get the system back on line as quickly as possible . There was no possible way to predict that the lift station would quit working nor could this facility predict when it might lose functioning.

10. LIST OF SOURCES EXPRESSING IN WRITING INTEREST IN THE ACQUISITION:

N/A

11. ACTION TAKEN, IF ANY, TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION:

USP Terre Haute will continue to monitor market trends in the industry to seek competition or sources that may be able to meet the minimum needs of the Government for its needs for all future requirements that are considered non-urgent. Should opportunities arise in the future, the Federal

Correctional Complex (FCC) Terre Haute as a whole will take appropriate action.

ADDITIONAL INFORMATION:

"In accordance with FAR 6.305(f), disclosure of this justification would reveal information that could compromise the safety of the public, staff and inmates at the institution. Disclosure that security systems designed to monitor and control access to areas within the institution, are either non functional or are impaired, should not be revealed to the public to ensure that the security of the institution is not jeopardized."

Based on the information provided regarding FAR 6.305(f), this justification will not be posted in the

System for Acqu isition Management (SAM).

TECHNICAL CERTIFICATION:

I hereby certify that the supporting data provided by the technical and requirements personnel that form the basis for this justification are certified as complete and accurate.

J. ar , ac ilities Manager

FCC Terre Haute

12. Contracting Officer Certification :

d complete to the best of my knowledge and belief.

Michael Gibson, Supervisory Contracting Officer

FCC Terre Haute j13~ Scott Ballinger, Contract Specialist FCC Terre Haute