JOFOC21-55 SET Repair Emergency Power ATS.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-2 (a) (2) as well as the Bureau of Prisons Acquisition Policy (BPAP) 6.304(b), the Federal Bureau of Prisons (FBOP) has determined that the procurement to Repair Emergency Power Automatic Transfer System (ATS) at the Federal Detention Center in SeaTac, Washington, meets the criteria established for other than full and open competition (unusual and compelling urgency). This limitation on competition is justified as supported by the following information:

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

Department of Justice Federal Bureau of Prisons Federal Detention Center SeaTac 2425 S. 200th Street SeaTac, WA 98198

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is for an acquisition to Repair Emergency Power Automatic Transfer System (ATS) at the Federal Detention Center (FDC SeaTac) in SeaTac, Washington.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS (INCLUDING ESTIMATED VALUES):

FDC SeaTac’s ATS is a high voltage component designed to auto-switch the institution’s emergency power circuits from domestic street power to diesel generator power in the event street power is lost.

These emergency circuits support critical institution systems to include, but not limited to, CCTV cameras, radio and phone communications, electronic door operators, elevators, and various other life safety features such as egress lighting and fire control.

On March 3, 2021 the ATS suffered a critical internal failure which has left the institution unable to auto switch to emergency diesel generator power. In this state, switching to diesel generator power requires an ATS system trained individual to follow a manual start activation process. Due to the nature of this high voltage equipment, engaging in the manual activation process places the operator in a moderate risk factor for shock injury or death. In addition, re-energizing electrical circuits in this way can create unexpected power spikes. Sensitive electronic equipment, such as those mentioned, are at great risk of instant damage or complete failure if subjected to such an event.

Loss of such equipment and systems would be catastrophic, leaving the institution unable to safely operate or possibly respond to life safety situations. Mitigation of this situation called for an immediate damage assessment and emergency solution proposal by a qualified high voltage electrical contractor.

The Emergency Power Automatic Transfer System (ATS) has an estimated value range of $250,000 – $350,000.

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competition for the procurement action is:

FAR Part 6.302-2, (a) (2) Unusual and compelling urgency.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED:

McKinstry, Limited Liability Company, in ATS acquisition collaboration with NC Power Systems, has provided an emergency restoration proposal that meets the institution’s urgent and compelling need.

Both contractors have proven past performance histories with FDC SeaTac and are recognized as local commercial construction authority experts. Both are found in the System of Award Management (SAM) with McKinstry, Limited Liability Company, being an active GSA source contractor.

McKinstry, Limited Liability Company, is therefore being advised for contract award approval to fulfill the emergency restoration requirement. NC Power Systems was the initial incident assessing authority who determined cause of the ATS failure and provided an estimated cost and delivery time for a new ATS. NC Power Systems advised they did not have the skilled manpower available to do the restoration work and sourced McKinstry, Limited Liability Company, as a qualified primary contractor having the skilled manpower to complete the ATS installation.

6. EFFORTS THAT WERE MADE TO SOLICIT OFFERS FROM AS MANY POTENTIAL

SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE

PUBLICIZED:

The requesting activity did not attempt to solicit other sources as this situation required an immediate assessment and proposed solution by an industry authority expert. McKinstry, Limited Liability Company, is considered an industry authority expert having proven experience with FDC SeaTac and other Government entities. McKinstry, Limited Liability Company’s proposal aligns with the institution’s urgent and compelling need to complete the ATS restoration as soon as possible making their trade skill workforce ready to deploy as soon as all the necessary ATS equipment and materials are brought on site.

7. CONTRACTING OFFICER’S DETERMINATION THAT THE COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE:

McKinstry, Limited Liability Company, maintains a GSA Contract and are familiar with the requirement and constraints of the Federal Bureau of Prisons. A proposal has been obtained to assist in determining a cost estimate for this requirement due to the urgent nature. The Contracting Officer anticipates the price will be determined Fair and Reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS:

Due to the urgency and importance of providing the required services, it is determined that a market survey is not feasible due to the circumstances explained in Items 5, 6, and 9.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

Without immediate restoration to FDC SeaTac’s ATS system, the institution will remain at great risk to loss of emergency power capabilities or damage to vital institution equipment and functions, to include life safety applications tied to the emergency circuits.

10. LISTING OF THE SOURCES THAT EXPRESSED IN WRITING, AN INTEREST IN THE

ACQUISITION:

As this requirement was not advertised, no other company expressed an interest in this acquisition.

11. ACTION TAKEN, IF ANY, TO REMOVE OR OVERCOME ANY BARRIERS TO

COMPETITION:

There are no means or actions that the Contracting Officer can take in the future to remove or overcome barriers to competition since the immediate repair of this specialized equipment is necessary to prevent the disruption of the safe and orderly operations of the institution thus making it an unusual and compelling urgency situation. Due to the aforementioned circumstances noted, it is concluded this purchase for restoration services from McKinstry, Limited Liability Company, is the only reasonable means to attain acceptable expedited restoration assurances of this specialized equipment.

Digitally signed by ALFRED RAUSCHUBER Date: 2021.04.13 13:16:55 -05'00'