Non-Compete Under SAT Memo - Urgent Walkin Freezer Open Market FCI TAL.docx

NON-COMPETITIVE MEMORANDUM FOR SIMPLIFIED ACQUISITION ACTIONS

IAW FAR 13.106-3(b)(1)

1. REQUIRING AGENCY – DOJ/Bureau of Prisons, FCI Tallahassee, FL 24Z3AW5 Replace FS Warehouse Freezer & Cooler

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED

This action is to acquire a 16’ x 60’ standalone, walk-in freezer for the Federal Correctional Institution (FCI) Tallahassee, FL.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

16’ x 60’ Standalone Walk-in freezer Currently, the Food Service Department relies on two refrigerated trailers for frozen food storage. These trailers consume diesel from the institutional fleet and require refueling twice a week with 55 gallons of fuel, increasing fuel orders. The institution’s freezer storage includes three major freezers, all are out of service. The largest, the outside warehouse freezer used for receiving and distributing goods, is beyond repair. A fully functioning freezer is crucial for supporting departments like Food Service. This issue is negatively impacting the Government due to high rental fees and fuel costs for the portable trailers.

The estimated cost for this service is $208,920.20

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION 41 U.S.C. 253; 41 U.S.C. 1901(e) and This procurement will be conducted under the simplified acquisition procedures authorized by FAR Part 13. In accordance with FAR 13.106-1(b)(1)(i), only one source is reasonably available due to unusual and compelling urgency. Soliciting from additional sources would result in unacceptable delays and potential serious injury to Government operations

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

Polar King stood out with for its superior warranties, including a 25-year insulation warranty, a 12-year structural warranty, and a 5-year compressor warranty. They also offered customization, such as relocating the freezer door to the center, which eliminates the need to fully unload the freezer to access items stored in the back. Additionally, their insulation, refrigeration systems, and overall construction are structurally sound given the nature of Florida’s weather. With the awards process having been completed for the 1st quarter of FY26, the food service department will need additional storage for items that require sub-zero temperatures. If the purchase of the standalone walk-in freezer is delayed, the food service department runs the risk of not having adequate food storage space for freezer kept food items which will inevitably lead to spoilage.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTES ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE:

Solicitation for a walk-in freezer was solicited to the open market on December 6, 2024 through December 16, 2024. Due to budget constraints bureau wide, funding for the project was rescinded and reappropriate to other institutions in the region. Once the only remaining operation freezer at FCI Tallahassee went down, funding was re-established by the region for B&F project 24Z3AW5 Replace FS Warehouse Freezer. Polar King submitted a quote that was deemed fair and reasonable.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED PRICE TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The quoted price was reviewed against past RFQ’s, current market availability, and the scope of supply. Given the urgency, technical compatibility, and completeness of the quote, the price is considered fair and reasonable.

8. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS:

The research to verify fair and reasonable pricing above was conducted. RFQ’s from comparable small business vendors were compared as well as searches conducted through the federal supply schedule.

9. OTHER FACTORS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

Delaying this acquisition risk the spoilage of tens of thousands of dollars worth of food items that have already been awarded to various small business vendors for the 1st quarter of FY26. The food shortage would also endanger the welfare of the staff that currently work at FCI Tallahassee and the wellbeing of the inmate population that are house at the institution. The food service department is required by bureau policy to abide by specific dietary policy which this procurement assists with that effort. Without the procurement of this walk-in freezer, FCI Tallahassee could place the Bureau in violation of policy and legal obligations. The walk-in freezer directly impacts mission-essential operations. This action is not based on limited sources, but rather on urgency in accordance with FAR 13.106-1(b)(1)(i)

CONTRACTING OFFICER’S CERTIFICATION

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

Contracting Officer