JOFOC St. Cloud MN Landwehr Construction.pdf

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

Control #: ATF-20- ARQ # DJA-20-AFIA-PR-0481 Page 1 of 5

1. Contracting Activity:

Office of Management Property, Acquisitions and Safety Division 99 New York Avenue NE, 3.S-125 Washington, DC 20226 POC: Brian Wilkins, 202-648-9120 Email: Brian.Wilkins@atf.gov

Requesting Office:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Fire Investigation and Arson Enforcement Division (FIAED) Fire and Arson Investigation Branch (FAIB) 3750 Corporal Road Redstone Arsenal Huntsville, AL 35898 POC: Paul Claflin, 307-631-7470 and Carla Cox 256-261-7549 Email

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, urgent and compelling firm-fixed price purchase order for the acquisition of heavy equipment services for a fire scene.

3. Description of Supplies/Services and estimated value, including options:

FAIB utilized services provided by Landwehr Construction, Inc.

for heavy equipment services during the investigation of a fire scene located in St. Cloud, MN. These services were in support of the National Response Team (NRT) in the St.

Paul Field Division. Total Cost for the service is $26,265.00. The period of performance was from 2/21/20 to 2/25/20.

Proposed Contractor:

Landwehr Construction, Inc.

P.O. Box 1086 St. Cloud, MN 56302 Phone: (320) 252-1494 Fax: (320) 252-2380

Control #: ATF-20- ARQ # DJA-20-AFIA-PR-0481 Page 2 of 5

4. Statutory Authority Cited and Reason for this Authority:

Please select one:

[ ] 41 USC 3304(a)(1), Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements, FAR 6.302-1

[X] 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:

Under exigent circumstances, time constraints dictated by the local law enforcement, Landwehr Construction, Inc. was contacted by the NRT, which responded to emergency fire scenes in Houston, TX. Due to the critical conditions (building collapse, possible hazardous materials release, possible loss of lives and time constraints), services were provided as soon as possible in order for local law enforcement to restore normalcy in the area of the affected incident. Landwehr Construction, Inc. responded immediately to the fire scenes within hours, with the necessary equipment and personnel for the period of time stated in Section 3.

6. Description of efforts made to ensure that offers were 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. Identify if any/similar requirements are anticipated in the future:

JOFOC will be posted on FBO.

Control #: ATF-20- ARQ # DJA-20-AFIA-PR-0481 Page 3 of 5

7. Anticipated Dollar Value, including options…Demonstration of Fair and Reasonable Cost:

In accordance with (FAR) 13.106-3(a) (iv), a comparison of the proposed price has been made with similar items in the same and/or similar industry. See invoice attached.

Service Provider Order # Cost/Price POP Joseph M. Sanzari, Inc. 15A00019PAQA00118 52,653.59 2/5/2019-

2/8/2019 Northwest Crane Service 15A00019PAQA00518 $14,212.50 7/2/2019-

7/8/2019 Southwest Industrial Rigging

15A00020PAQA00026 $23,593.50 10/3/2019-

10/7/2019

Bierlein, Companies, Inc. 15A00020PAQA00100 $12,520.09 12/13/2019- 12/17/2019

Based on the above comparisons, the Contracting Officer (CO) has determined that the stated price proposed by Landwehr Construction, Inc. is fair and reasonable.

8. Market Research:

In accordance with FAR 5.202(a)(2) the unusual and compelling urgency of this action precludes synopsis due to exigent circumstances. Restricting competition for this acquisition was necessary in order for local law enforcement to restore normalcy in the area of the affected incident. There was no time to complete the requirement and get quotations from several contractors; therefore, in depth market research was not conducted.

9. Additional Supporting Facts:

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available:

N/A

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A

Control #: ATF-20- ARQ # DJA-20-AFIA-PR-0481 Page 4 of 5

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government.

In accordance with Subpart 6.302-2, Unusual and compelling urgency may be used when the agency’s need for the supplies and services is of such urgency that he Government would be seriously injured. At the Governments request, it was important for the contractor to act immediately to avoid the risk of tampered evidence. If the evidence at the fire scene is tampered with, it may cause the evidence to be inadmissible when presented in court, and may compromise the ATF criminal investigation.

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

Proposed Contractor:

Landwehr Construction, Inc.

P.O. Box 1086 St. Cloud, MN 56302 Phone: (320) 252-1494 Fax: (320) 252-2380

11. Actions Taken to Remove or Overcome any Barriers to Competition:

The Department of Justice and ATF makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. However, in these types of emergency situations, the Government is not made aware of the incident and does not know the exact location of the emergency until it occurs. Therefore, it’s almost impossible to perform market research beforehand.

Acquisition remains committed to utilize competitive procedures to promote competition to the maximum extent practicable.

Control #: ATF-20- ARQ # DJA-20-AFIA-PR-0481 Page 5 of 5

Certifications:

TECHNICAL AND REQUIREMENTS CERTIFICATION:

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

PAUL CLAFLIN

Technical PO Date

I certify that the justification is accurate and complete to the best of my knowledge and belief.

Brian Wilkins Brian Wilkins, Contracting Officer Date

In accordance with FAR 5.202(a)(2) the unusual and compelling urgency of this action precludes synopsis due to exigent circumstances. Restricting competition for this acquisition was necessary in order for local law enforcement to restore normalcy in ...