JOFOC Thermal Dynamics International.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that u.s. Contractors for u.s. Embassy Zagreb, Croatia use other than full and open competition for the replacement of chilled water valves and installation of additional temperature sensors in the chilled water system. The estimated cost is $82,549.48 USD.

2. Nature and/or description of the action being approved.

Thermal Dynamics International (TDI) has just finished the Chiller Replacement project at the Embassy Zagreb as a sub-contractor to Hui Huliau. During the full load test, after the demobilization of the crew, it became apparent that the chilled water bypass valves are slowly leaking, and some additional sensors need to be installed for the system to operate optimally. Upon further investigation, it was noted that the system issues were caused because the correct valves and sensors were omitted in the OBO approved design. As a result, OBO has provided updated an updated design, and this contract will be to complete the system installation and restore the system to full capability.

3. A description of the supplies or services required to meet the agency's needs.

Three 4" bypass valves need to be replaced, and two additional valves should be installed that will enable cost-effective replacement of the bypass valves in the future.

In addition, five additional chilled water temperature sensors also need to be installed in order to track and optimize the flow in the chilled water system.

4. An identification of the statutory authority permitting other than full and open competition

41 USC 253 (c)(1) ONLY ONE RESPONSIBLE SOURCE AND NO OTHER

SUPPLIES OR SERVICES WILL SATISFY AGENCY REQUIREMENT

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

As the contractor that completed the initial Chiller Replacement installation, TDI has excellent knowledge of the chilled water system. Any other company would have to come to the site in order to survey the existing state of facts before they submit a quote, which would significantly delay the execution and could incur unnecessary additional cost for the Government. Currently, the system is not operating at peak efficiency as a result of the leaking valves, utilizing TDI will ensure that the system is restored to full and efficient operations in the most expedient manner.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a BetaSam.gov notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202applies (e.g.,blanket waiver provided in

DOSAR 605.202-70).

The requirement will not be publicized due to the specific details required in this installation that are only known by the manufacturerlinstaller (TDI). They system is critical to Mission Operations and the risk of having other company without knowledge of the systems in place attempt repairs could result in a major mechanical systems failure for the whole embassy. In addition, an incorrect repair would damage the system resulting in an unoccupiable building for an extended period.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer believes the cost to the USG is fair and reasonable. The quote and pricing information was shared with the OBO Subject Matter Experts who concurred that it is a fair and reasonable price.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

Market survey not conducted as further explained under paragraphs 2,5 and 6.

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

The longer the system is operated in this configuration, the higher the electrical utility costs. In addition, any work that would be done at this stage could potentially compromise the active warranty for the work that was completed and provided by TDI. There is concern that if any other vendor works on the system being warrantied by TDI, that this will expose the USG to denial of warranty work to the system.

10. A listing of sources, if any that expressed, in writing, an interest in the acquisition.

Further explained under paragraph 5.

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.

None.

CERTIFICATIONS

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

C\11'l-/ '2.~ Date

Requirements Office

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval. d d/9J;.-qlll"l~L~ ~

Date tnntracting Officer