JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION – FCI BERLIN

ROAD DITCH AND SEALCOATING PROJECT (26Z2AQ4)

VENDOR: QUALITY VENTURE, LLC DBA SEALMASTER OF NH

501 Fremont Rd Chester, NH 03036-4189

REQUIRING AGENCY: Federal Bureau of Prisons Federal Correctional Institution Berlin (FCI Berlin) 1 Success Loop Road Berlin, NH 03570

NATURE/DESCRIPTION OF ACTION BEING APPROVED: Unusual and Compelling Circumstances — FAR Deviation 6.103-2. FCI Berlin began a project on June 3, 2026 involving landscaping and the relocation of large rocks to support drainage repairs. Completion of this initial portion was required before facilities staff could move forward with the next phase:

sealcoating all asphalt surfaces across institution grounds. With the initial work now nearly complete, it is essential that sealcoating be applied during the month of August. Weather conditions in the Northeast Region are highly unpredictable, and any delay may compromise the durability, adhesion, and longevity of the sealcoat. Timely application is critical to protect the asphalt surfaces, repair asphalt surfaces that have been damaged due to weather and ensure the overall success of the project. If the areas of asphalt that have been severely damaged from weather are not repaired and sealed it could cause an accident and harm to inmates, staff, contractors, delivery personnel, and visitors.

DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S

NEEDS: FCI Berlin requires rental of specialized sealcoating equipment and procurement of bulk sealcoat material. This includes a ride-on spray application machine and a bulk storage tank, and several thousand gallons of product. Due to the scale of the asphalt surface area being treated and the institution’s reliance on inmate work crews, these specific materials and equipment are necessary to accomplish the project within the limited seasonal window. Only one supplier has been identified that can provide both required items: rental equipment and bulk sealcoat material in the quantities needed.

Market research carried out by facilities staff and procurement personnel identified only one vendor capable of providing both the bulk material and specialized rental equipment. Multiple vendors were contacted through phone inquiries and online searches. While many companies offer sealcoating services, they do not offer equipment rental paired with bulk material sales.

Quality Venture, LLC DBA Sealmaster of NH 501 Fremont Rd Chester, NH 03036-4189 was the only vendor capable of providing the above specifications.

The urgency of the project is driven by weather conditions specific to the Northeast Region and the short application window. Any delay will risk losing the August weather window, negatively affecting sealcoat performance, requiring potential rework, and increasing long-term maintenance costs. Therefore, proceeding with a single responsible source is required to prevent significant schedule and financial impacts.

MARKET RESEARCH:

Market research consisted of online searches, direct outreach to regional and national equipment rental vendors, and inquiries to companies specializing in pavement maintenance products. Only one source was identified that can meet all specifications:

• Ability to provide several thousand gallons of bulk sealcoat material.

• Rental of specialized sealcoating machinery suitable for inmate crew operations.

• Equipment availability during August.

• Delivery capability to FCI Berlin’s secure facility.

ACTIONS TAKEN TO PROMOTE FUTURE COMPETITION:

The Federal Bureau of Prisons will continue proactive market research to identify additional suppliers capable of providing bulk sealcoat material and rental equipment for applying sealcoating. Future solicitations will be posted earlier in the season to allow adequate competition. Lessons learned from this urgent procurement will inform long-term planning, vendor engagement, and early project scoping.

David McKeever, Facilities Manager

DETERMINATION:

Based on the information above, the Contracting Officer determines that the circumstances supporting this justification are unusual and compelling and that the Government would be seriously injured without the ability to limit competition. The use of other than full and open competition is therefore justified under FAR Deviation 6.103-2(b).

CONTRACTING OFFICER CERTIFICATION:

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

Kayleigh Chaloux, Contract Specialist