(JOFOC) Installation of Emergency Backup Generator.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition (JOFOC)

Control #: ATF-21-0054 ARQ # DJA-21-ASOD-PR-0770 Page 1 of 4

1. Contracting Activity:

Bureau of Alcohol, Tobacco, Firearms and Explosives/Property, Acquisitions & Safety Division /Acquisitions Branch/99 New York Avenue NE, Room 3.S-151/Washington, DC 20226, Jim Huff, Contracting Officer/202-648-9117/James.Huff@atf.gov.

Requesting Office:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Special Operations Division (SOD), Emergency Support Function #13 (ESF #13), 145 N ST NE, Suite 10E-100, Washington, DC 20002; Ned Sherburne

2. Nature/Description of Action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a sole source, firm-fixed price purchase order for the installation of trailered, government-owned Baldor TS-130 (130 KW) standby generator at the Jacksonville, FL Special Response Team (SRT) facility to two existing 200 amp, 3-phase electrical services. This property will also be utilized by ESF #13 for equipment staging and logistics operations.

3. Description of Supplies/Services to include the period of performance and estimated value (including options):

This Jacksonville, FL facility houses critical mission operations for the ATF Special Operations Division including deployment of ESF #13 resources operated in conjunction with the Federal Emergency Management Agency (FEMA) to support disaster responses. The activities performed in this facility must operate during all types of emergency conditions including power outages that may be caused be severe weather including thunderstorms, tornadoes, and hurricanes. The location of this facility in northern Florida puts it at high risk to have operations interrupted by severe weather and a back-up power source(s) to utility power must be provided. This acquisition is designed to ensure the facility can continue to operate in support of the FEMA and other ATF law enforcement activities during critical periods when severe weather is present and during recovery periods after a severe weather event.

A quote for the described work is attached and values the work at $37,400.00. This is a one-time installation. Work would be completed within 60 days of award.

4. Pursuant to FAR Subpart 6.3 and in accordance with the requirement of FAR 6.303, this J&A is supported by the following statutory authority and reason for statutory authority cited:

Please select one:

[ X] 41 USC 3304(a)(1), Only One Responsible Source and No Other Supplies mailto:Officer/202-648-9117/James.Huff@atf.gov

Control #: ATF-21-0054 DJA-21-ASOD-PR-0770 Page 2 of 4 or Services Will Satisfy Agency Requirements, FAR 6.302-1

[ ] 41 USC 3304(a)(2), Unusual and Compelling Urgency, FAR 6.302-2

[ ] 41 USC 3304(a)(3), Industrial Mobilization, FAR 6.302-3

[ ] 41 USC 3304(a)(4), International Agreement, FAR 6.302-4

[ ] 41 USC 3304(a)(5), Authorized or Required by Statute, FAR 6.302-5

[ ] 41 USC 3304(a)(6), National Security, FAR 6.302-6

[ ] 41. USC 3304(a)(7). Public Interest, FAR 6.302-7

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that

Requires use of Authority Cited:

SOD has located a Baldor TS130 generator without the existing ATF inventory to repurpose to meet these mission goals. The original purchase cost of the generator was approximately $69,701. This generator is of sufficient capacity to operate all functions in the building and occupied space in a “same as normal” manner including heating, ventilation, air conditioning (HVAC), security and camera systems, computer equipment, and other critical building and operational infrastructure.

This ATF leased space was not originally constructed or engineered for a backup power capacity. This project will require pouring a concrete slab, installing protective bollards around the generator, placing the generator on the newly constructed pad using a heavy-duty crane and completing all electrical work to installing the automatic transfer switches and connect the generator with building systems that are supplied with emergency power and provide utility power to the generator to maintain it in a ready state when it is not operating. This work also includes all required local permits.

Given the Jacksonville, FL facility is leased the Government has notified the lessor for the need to acquire the emergency generator. Per the lessor, the only vendor permitted which provides electrician services to the facility is R&R Electric. The building lessor has consented to the installation of the generator and related electrical work. The vendor is:

Port Jax 500, LLC Jacksonville, FL 32236

This installation is being completed in leased space and the lease requires the owner(lessor) to consent and approve the work.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable. Include whether or not a FBO announcement will be issued and attached a draft of the FBO notice. Include any exception under FAR 5.202, when not synopsizing. If the justification covers a brand name requirement, this section should

Control #: ATF-21-0054 ARQ # DJA-21-ASOD-PR-0770 Page 3 of 4 address compliance with FAR 5.102(a)(6). Identify if any/similar requirements are anticipated in the future.

This is a sole source request due the requirements of the lessor An SOD representative informed the owner of the normal procurement procedures used by the government which involves public announcement of work and receiving multiple quotes. However, the lessor has stated they have an established relationship with one vendor to do electrical work due to the proprietary nature of the work what is done at the facility.

7. Determination by the Contracting Officer that the anticipated Dollar Value, including options demonstrates of fair and reasonable cost. Use information such as commercial pricelists or prior acquisition history.

In accordance with FAR 13.106-3(a)(2)(iii) price reasonableness is based on a current price list, catalogs, or advertisement. Based upon the previously cited criteria there are no similar services available for comparison.

R&R Electric of North Florida, Inc. provided a quote for services for a total cost of $34,000.

The contracting officer did an internet search for similar services to compare pricing, there were none of similar scope, as this is a customized build.

8. Market Research. Market research is required by FAR 10. Describe the results of market research or provide a statement of the reason why market research was not conducted.

This is a sole source request. There is only one vendor who has the resources to perform this work at the facility. Only Port Jax 500, LLC and their subcontractor are permitted to perform any electrical alterations to the current facility.

9. Additional Supporting Facts:

Not applicable

10. Listing of Sources that expressed a written interest in this acquisition:

Not applicable

11. Actions Taken to Remove or Overcome any Barriers to Competition. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies/services required. Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service.

There will be no future requirement, as this is a one-time installation.

Control #: ATF-21-0054 DJA-21-ASOD-PR-0770 Page 4 of 4

CERTIFICATION:

I, the Acquisition Initiator, certify that the facts and representations under my cognizance, which are included in this justification, are accurate and complete.

Ned Sherburne Date

Reviews and Approvals (See FAR 6.2, 6.3, 6.5, and ATF Order 1400.1 for review and approval requirements under specific circumstances. See attached Route Slip for routing purposes).

Jim Huff, Contracting Officer Date