JOFOC - Emergency Temporary Chiller Rentals .pdf

U.S. Department of Justice Federal Bureau of Prisons Central Office

Washington, DC 20534

Justification for Other than Full and Open Competition (JOFOC) FCC Coleman

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 Complex (FCC) Coleman, Florida, 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 Complex Coleman (FCC Coleman) 846 NE 54th Terrace Coleman, FL 33521

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 rental of two (2) 1,000-ton temporary chillers for the FCI Low institution and FCI Medium institution at FCC Coleman. Three chillers at FCI Low and three chillers at FCI Medium stopped cooling the institutions jeopardizing the safety of staff and inmates during high temperature summer weather. The contractor will be required to install two (2) 1,000-ton temporary chillers and the rental of the temporary chillers will be required until the replacement of new chillers. Market research shows a lead time for the replacement of chillers is six months from the time the chillers are ordered. The contract type will be firm fixed price issued to Trane U.S. Inc (Trane).

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. 4200.13, Chapter 16, Section 4 – Building Energy Management, Temperature Set Points During Seasons. The contractor shall install one 1,000-ton chiller at FCI Low and one 1,000-ton chiller at FCI Medium and remove the temporary chillers once the replacement of the six inoperable chillers is fully commissioned. The temporary chillers must integrate with the facility’s mechanical systems to ensure reliable operation and compliance with institutional standards. The estimated cost for this project is $1 million for the set-up and breakdown of the two (2) 1,000-ton temporary chillers and seven months rentals.

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 4, 5, and 6 at the FCI Low institution and chillers 4, 5 and 6 at the Medium institution experienced failure beyond repair. The loss of three chillers at each facility critically reduces capacity, jeopardizing compliance with P.S. 4200.13 temperature requirements. The immediate delivery of two (2) 1,000-ton temporary chillers is needed to maintain safe, habitable conditions while the replacement chillers are procured and during the long six-month lead time to have the new chillers delivered, installed, and commissioned. The FBOP has begun the acquisition process of the replacement of chillers by conducting a market research to see if small businesses are available.

Trane has a location in Florida within close geographic proximity to FCC Coleman, which allows for rapid mobilization of labor, equipment, and materials in response to the emergency chiller failure. In addition, Trane has two (2) 1,000-ton temporary chillers immediately available to deliver during this hot summer season that has spiked the demand for temporary chillers. Given the operational and life safety impacts associated with prolonged loss of cooling, Trane’s current FBOP background clearance on a prior project can transfer to FCC Coleman 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.

Trane has demonstrated recent and relevant experience installing temporary chillers and cooling tower at FCC Coleman. Trane also has established familiarity with FBOP security procedures, institutional access requirements, and coordination with facility operations, thereby reducing startup delays and execution risk.

Given the urgent need to restore cooling services to maintain safe and habitable conditions at the institutions, Trane is determined to be a responsible source capable of meeting the Government’s immediate requirement.

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 will conduct a price analysis in accordance with FAR Deviation 15.404-1(b)(5) by comparing the proposed price with the Independent Government Estimate (IGE), which was developed using pricing from similar temporary chiller rentals on HVAC projects at other FBOP facilities and current market rates for equipment, labor, and materials. The IGE reflects a realistic cost to install two (2) 1,000-ton temporary chillers to integrate with the institution’s existing HVAC system, monthly rental, and the removal once the new chillers are replaced.

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. 4200.13, it was determined that conducting a full market survey was not feasible. The catastrophic failure of six chillers has created an immediate risk to safe and habitable conditions for inmates and staff, particularly during peak seasonal demand. 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. 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.

Trane U.S. Inc.

800-E Beaty Street Davidson, North Carolina 28036

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:

FCC Coleman 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.

Submitted by:

Julie Bergami Contracting Officer Date Field Acquisition Office

I hereby certify that the supporting data provided by the technical and requirements personnel which form the basis for this justification is complete and accurate to the best of my knowledge and belief.

Raymond Dixon, Facilities Manager Date FCC Coleman

Concurrence:

J. Gabby, Complex Warden Date FCC Coleman

Robert Bland, Chief Date Procurement Operations Branch

Kristina Sullivan Date Bureau Procurement Chief Federal Bureau of Prisons

Approval:

Tara M. Jamison Date Bureau Competition Advocate, Bureau of Prisons Director, Office of Acquisition Management Justice Management Division Department of Justice

Digitally signed by JULIE BERGAMI Date: 2026.07.21 11:06:25 -05'00'

RAYMOND DIXON Digitally signed by RAYMOND DIXON Date: 2026.07.22 07:40:41 -04'00'

JOHN GABBY Digitally signed by JOHN GABBY Date: 2026.07.22 09:50:08 -04'00'

ROBERT BLAND Digitally signed by ROBERT BLAND Date: 2026.07.22 13:53:41 -04'00'

KRISTINA SULLIVAN Digitally signed by KRISTINA SULLIVAN Date: 2026.07.27 13:10:31 -04'00'

TARA JAMISON Digitally signed by TARA JAMISON Date: 2026.07.27 15:45:22 -04'00'