JOFOC - Victory Supply- ICE detainees-BER.pdf

PDF 222 KB Posted Feb 28, 2025

Attached to: FCI Berlin-Clothing and Bedding
Solicitation number: 15B21825P00000030
Issued by: Department of Justice Bureau of Prisons Field Acquisition Office

About this file

Written by GovTribe AI · Feb 28, 2025

This is a Justification for Other Than Full and Open Competition (JOFOC) document for the Federal Bureau of Prisons' Federal Correctional Institution in Berlin, New Hampshire to procure inmate clothing and bedding under unusual and compelling urgency circumstances (FAR 6.302-2).

The procurement is valued at $74,296.81 and covers t-shirts, pants, boxers, laundry bags, blankets, and sheets needed to accommodate approximately 508 ICE detainees being received at a rate of 45 per day. Victory Supply was selected as the vendor after receiving a waiver from UNICOR, as UNICOR's pricing was not competitive, not all required supplies were available, and immediate delivery was not possible. Bob Barker was also considered as a source. The contracting officer determined Victory Supply's pricing to be fair and reasonable and in line with industry standards. The contract was signed by Contracting Officer Laurel Karnes on February 28, 2025.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FEDERAL CORRECTIONAL INSITUTION, BERLIN, NEW HAMPSHIRE

Pursuant to Federal Acquisition Regulation (FAR) 6.302- 2, Unusual and Compelling Urgency, the Federal Bureau of Prisons has determined that the procurement of inmate clothing and bedding to accommodate the intake of approximately 508 ICE detainees at the Federal Correctional Institution (FCI), hereinafter referred to as FCI located in Berlin, New Hampshire, meets the criteria established for other than full and open competition. It is further determined that unusual and compelling urgency precludes full and open competition, and delays in award would result in serious injury, financial, or other liabilities to the Government. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice

Federal Bureau of Prisons

Federal Correctional Institution

Berlin, New Hampshire

2. Nature and/or Description of Action:

FCI Berlin has been established as an institution dedicated to house ICE detainees, with the expectation of receiving approximately 45 detainees per day, with an estimated total of 508 detainees to be received. The institution needs appropriate clothing and bedding to provide to the detainees upon arrival, and current institutional supply does not support the addition of this many individuals.

3. Description of supplies or services including estimated value:

The institution requires the procurement of t-shirts, pants, boxers, laundry bags, blankets and sheets to immediately provide to the detainees upon arrival.

FEDERAL PRISON CAMP, ALDERSON, WEST VIRGINIA

The estimated aggregate value for this requirement is $74,296.81.

4. Statutory authority:

This action is being conducted under authority of FAR 6.302-2 (2), Unusual and Compelling Urgency. 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, full and open competition need not be provided for.

5. Reason for authority cited:

The FCI is to foster a humane and secure environment for inmates. FCI Berlin is receiving a large number of ICE detainees each day, and the facility needs the appropriate clothing and bedding to supply to these individuals upon arrival. FCI Berlin is not currently equipped with these supplies to provide the detainees.

Proper clothing and bedding must be supplied to detainees upon arrival.

6. Efforts made to obtain competition:

As stated in FAR 5.202(a)(2), the proposed contract action represents an unusual and compelling urgency, which precludes competition to the maximum extent practicable. Delay of contract award would result in serious injury, financial, or other, to the Government if the agency complies with the time period specified in FAR 5.203. Therefore, due to the urgent nature of this procurement action, a synopsis notice was not required.

7. Determination of fair and reasonable:

Pursuant to FAR 15.404-l(b)(2)(ii), the Contracting

Officer has determined the prices for these services are deemed fair and reasonable. The Contracting Officer will monitor pricing to ensure that it continues to satisfy this determination.

Pricing from Victory Supply is in line with industry standard.

8. Description of the market research:

Market research for these items was conducted online.

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

Not applicable. Please refer to item 5.

10. List of sources:

A waiver was granted from Unicor due to pricing not being comparable to the private sector, not all supplies were available, and delivery not being available immediately.

Pricing was obtained from Victory Supply and Bob Barker.

11. Statement of actions to remove competition barriers:

Potential methods to remove competition barriers are not immediately foreseeable.

12. Certifications and Approvals:

In accordance with FAR 6.303-2(12), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. I further certify to the best of my knowledge and belief that this request is not the result of lack of acquisition planning, or a desire to expend funds while those funds are still available.

Submitted By:

Laurel Karnes, Contracting Officer

2/28/2025 Date