Justification Approval for Other Than Full and Open Competition Big Tops hurricane repair redact_Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by FAR Subpart 13.5 and in accordance with the requirements of FAR 13.501, the justification for the use of statutory authority under FAR Subpart 8.4 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC), Facilities Management Division (FMD), and the Procurement Division (PRO) proposes to enter a contract on the basis of other than full and open competition.

2. Nature and/or Description of the Action being Approved.

FLETC intends to procure on a sole source basis repair to a Big Top structure that was damaged beyond normal repair during a hurricane. It is expected that only one (1) award will be made off of this solicitation. FY23 Operation and Support funds have been committed for any resultant award. The estimated dollar amount for this acquisition is

3. Description of Supplies/Services. FLETC FMD is responsible for the maintained and upkeep of structures located at the Glynco Training Delivery Point (TDP) that are used for training. There are eight (8) Big Top structures located on the Center and each are used in different types of training. This acquisition is to provide repair to one of the Big Top structures that was damaged during a hurricane. Without these services, the Big Top structure will not be available for use for training due to safety concerns.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. Identify the most applicable statutory authority that will be used to justify other than full and open competition from the seven listed under FAR 6.302.

The statutory authority permitting limited sources is 41.USC.1901 and 41.U.S.C.1903 implemented by FAR Subpart 13.501(a), sole source.

5. Identification of Exception to the Buy American Statute: N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. This paragraph is one of the most important parts of the J&A and should clearly identify why the proposed action must be accomplished through other than full and open competition. Provide a well-reasoned, detailed discussion of the issue that will make it clear to someone who is unfamiliar with your organization or your requirement why full and open competition cannot be used for this procurement.

This acquisition is for sole source acquisition for repair of one (1) Big Top structure on the Glynco Training TDP that was damaged during a hurricane. Due to this safety concerns, it

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021) is imperative that repairs are performed as soon as possible. Big Top has stated in writing that their design is proprietary, and they do not share any design information with any third party vendors that are not authorized. Big Top and Unks Construction are the only companies authorized for the Brunswick area to perform repairs and maintenance to Big Top structures. However, due to the extensive damage, Big Top is the only company that can perform these repairs.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

This acquisition will not be published as per FAR 5.202. However, this J&A will be posted on SAM.gov.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on publicly listed prices.

9. Description of Market Research.

A search of the GSA schedules and open source vendors resulted in the identification of two (2) companies that can provide the services without voiding the warranty of the Big Tops structures and are authorized to work on the structures.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

N/A

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition:

N/A

12. 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 or Services Required:

N/A

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