Milton Cat JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Emergency Switchgear Diagnostic/Troubleshooting

Pursuant to the Federal Acquisition Regulation (FAR) Subpart 6.303-2(b)(1), and the Bureau of Prisons Acquisition Policy (BPAP) Part 6.304(a), the Federal Bureau of Prisons (BOP) has determined that the procurement of an extensive, all-inclusive three year preventative maintenance and inspection on the emergency generators located at the powerhouse of the Federal Correctional Institution in Berlin, New Hampshire meets the criteria established for justification for other than full and open competition. It is further determined that only one responsible source and no other supplies and/or services will satisfy agency requirements. This limitation on competition is justified as supported by the following information:

1. Agency:

Federal Bureau of Prisons Federal Correctional Institution Berlin (FCI Berlin) 1 Success Loop Rd Berlin, NH 03570

2. FAR 6.303-2(b)(2): Nature and/or description of the action being approved:

The preventative maintenance action entails two Caterpillar emergency generators, original equipment manufacturer (OEM) models-(1)SBJ00343 and(1)SBJ00345, that control the electric power supply for FCI Berlin. This extensive emergency generator service is required to be completed every three years. Last service was conducted in 2014.

3. FAR 6.303-2(b)(3): Description of supplies or services required to meet the agency needs:

The generator service and inspection require a certified Caterpillar dealer/installer to complete the preventative maintenance procedures. The service will encompass repairs to worn or damaged components, inspect the cooling, battery, air, safety, gas, fuel, and other starting and operative components;

adjusting as recommended and replacements as needed. Estimated total value: $24,328.05.

4. FAR 6.303-2(b)(4): An identification of the statutory authority permitting other than full and open competition:

41 U.S.C. 3304(a)(1) per FAR 6.302-1(a)(2) - Only one responsible source and no other supplies or services will satisfy agency requirements.

5. FAR 6.303-2(b)(5): Determination that proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The Caterpillar generators at FCI Berlin have had prior inspections performed by Milton Cat, a certified Caterpillar repair and inspection dealer. By Milton Cat being Caterpillar certified it makes this one responsible source innovative and uniquely capable. Milton Cat also conducts a yearly oil sampling to ascertain generator engine oil longevity. Since our current system is all Caterpillar, no other parts can be connected to the system without additional modifications. Consequently, by way of a proprietary memo from Caterpillar (see attachment) the generator’s preventative maintenance service must be performed by a certified Caterpillar dealer.

6. FAR 6.303-2(b)(6): Efforts made to solicit from as many potential sources are practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

Since the proposed contract action is estimated at $24,328.05 a notice is not required in the Government wide point of entry

(GPE).

7. FAR 6.303-2(b)(7): Contracting Officer’s determination that the cost to the government will be fair and reasonable:

This Contracting Officer anticipates the cost to the Government will be fair and reasonable. In performing the required preventative maintenance on the existing generators by the manufacturer (proprietary concerns) this contracting officer suggests the standardized rate from Caterpillar represents the best value to the Government by prior acquisition history.

8. FAR 6.303(b)(8): Description of the market survey conducted:

Market research was conducted by Facilities Department technical experts: Powerhouse Utility Foreman and Engineering Technician at FCI Berlin. Scott Daigle, Milton Cat Sales Representation of Londonderry, New Hampshire followed the service requirement recommendations per manufacturer guidelines. Scott Daigle is a certified representative of Caterpillar- Milton Cat. It has been determined that in order to ensure the compatibility, functionality and proprietary concerns, the two generators shall be serviced and inspected completely by a certified representative of Caterpillar- Milton Cat.

9. FAR 6.303-3(b)(9): Other Facts Supporting the use of other than full and open competition:

The use of any other service is not permitted due to the proprietary concerns held by Caterpillar.

10. FAR: 6.303-3(b)(10): List of Sources, if any, Expressed in

Writing, an interest in the acquisition:

No other sources sought due to proprietary concerns.

11. FAR: 6.303-3(b)(11): Actions taken by the agency to remove or overcome barriers to competition:

Future acquisitions will be competed when practicable and required by the Government wide point of entry (GPE).

12. FAR 6.303-3(b)(12): Contracting Officer’s Certification:

I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

Kristen E. Croteau, Supervisory Contract Specialist 9/12/2023 FCI Berlin