LEX JOFOC Propane Supply.pdf

Justification for Other than Full and Open Competition (JOFOC)

FMC Lexington- Emergency Gas Line Repair

Pursuant to the Federal Acquisition Regulation (FAR) 6.103-2(b), the Federal Bureau of Prisons

(BOP) has determined that the procurement for the Federal Medical Center (FMC), hereinafter referred to as FMC Lexington located in Lexington, KY, 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 in the format of FAR 6.104-1 (a).

1. FAR DEVIATION 6.104-1(a)(1): Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition.”

Contracting Activity: Department of Justice

Agency:

Department of Justice

Federal Bureau of Prisons

Federal Medical Center

3301 Leestown Rd.

Lexington, KY 40511

2. FAR DEVIATION 6.104-1(a)(2): Nature and/or description of the action being approved. Nature and/or Description of Action being Approved:

This action is to procure propane for the institution powerhouse, as a secondary gas supply source, while the main institution gas line is repaired. This acquisition is essential to maintain uninterrupted operations of the powerhouse, which provides steam heat for the institution, food service cooking, and laundry.

3. FAR DEVIATION 6.104-1(a)(3): A description of the supplies or services required to meet the agency’s needs (including the estimated value).

FMC Lexington staff identified a gas line leak that supplies the powerhouse, outside buildings and staff housing. To ensure safety and maintain essential operations at FMC

Lexington, gas service to this area of the facility must be shut off while repairs are completed. During repair, it is necessary to keep the powerhouse running or it would result in the loss of heat to the entire institution and outside buildings. A secondary propane gas source from the facility’s backup supply tank will need to be utilized throughout the repair period. This temporary measure is necessary to ensure uninterrupted gas delivery to the powerhouse and to maintain essential heating operations while the gas line is repaired.

The estimated cost for this requirement is $132,592.90.

4. FAR DEVIATION 6.104-1(a)(4): An identification of the statutory authority permitting other than full and open competition.

The authority for this action is granted under 41 U.S.C. § 3304(a)(2), as implemented by FAR DEVIATION 6.103-2. Specifically, FAR DEVIATION 6.103-2(b) provides for the applicability of this authority due to the urgent nature of this situation, “Agencies may contract without providing for full and open competition 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, financially or otherwise, unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.”

5. DEVIATION 6.104-1(a)(5): A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The temporary use of the secondary gas tank is necessary to ensure continuous gas delivery to the powerhouse and to maintain essential heating operations while the gas line is repaired. Any extended interruption in service to the powerhouse would directly impact the Government’s ability to provide adequate living conditions to both inmates and staff due to lack of heat in the institution and cause significant operational disruptions throughout the institution. It is in the best interest of the government to procure the services from Holston Gases as no other source can meet the operational requirement, in the emergency time requirement, without risking a lapse in heat. Any disruption to the ongoing gas line repair would be detrimental to the operation of FMC

Lexington.

6. FAR DEVIATION 6.104-1(a)(6): A description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by part 5 and, if not, which exception under part 5 applies.

Multiple suppliers capable of supplying the required propane gas were contacted;

however, only one vendor has the ability to meet the Government’s immediate operational needs. The remaining vendors lacked sufficient supply or could not meet the delivery schedule. The proposed contract action under the authority of FAR 6.103-2, Unusual and

Compelling Urgency, precludes competition to the maximum extent practicable

Compliance with the publicizing requirements and associated waiting periods in FAR part

5 would delay award and cause loss of heat and significant operational disruptions throughout the institution. Accordingly, the exception at FAR 5.101 (b)(2), applies, as the

Government’s urgent need for the required propane precludes the issuance of a presolicitation notice.

7. FAR DEVIATION 6.104-1(a)(7): A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The estimated procurement cost is $132,592.90. Prices have been analyzed by the

Contracting Office, with the assistance of the Facilities Manager, to determine the price is fair and reasonable based on review of alternative services.

8. FAR DEVIATION 6.104-1(a)(8): The market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Due to the unusual and compelling urgency of the requirement, the time available to perform extensive market research was limited. The Government contacted multiple propane suppliers to determine availability and delivery capability to meet the immediate operational need. Only one vendor could supply the required quantity of propane necessary for the required timeframe to prevent disruption to the powerhouse operations.

Other vendors lacked sufficient supply due to inclement winter weather that had just occurred in the region and were unable to meet the delivery schedule. As a result, the scope of market research was necessarily constrained by the urgency of the requirement.

9. FAR DEVIATION 6.104-1(a)(9): Any other facts supporting using other than full and open competition.

No additional supporting facts are identified.

10. FAR DEVIATION 6.104-1(a)(10): A listing of the sources, if any, that expressed an interest in the acquisition in writing.

No other sources with the ability to provide propane gas immediately expressed written interest in this acquisition.

11. FAR DEVIATION 6.104-1(a)(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.

The requirement resulted from an unforeseen gas line break that required immediate repair to restore essential utility services to the powerhouse and maintain the institution’s heat. Due to the emergent nature of the situation, there was insufficient time to conduct a competitive procurement. Additionally, this type of repair requires immediate response from qualified technicians capable of safely repairing the specific gas line, establishing advance repair contracts is not practical. However, the agency will continue to review future requirements on a case-by-case basis to determine whether adequate time exists to conduct market research and pursue competition when circumstances permit.

12. FAR DEVIATION 6.104-1(a)(12): Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

In accordance with FAR DEVIATION 6.104-1(a)(12), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of acquisition planning, or a desire to expend funds while those funds are still available.

Submitted by:

03/11/2026

Latasha Windham, Contracting Officer Date