Other than Full and Open Compition Justification.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FEDERAL ACQUISITION REGULATION 6.302-2

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-2 (a) (2) as well as the Bureau of Prisons Acquisition Policy (BPAP) 6.304(a), the Federal Bureau of Prisons (FBOP) has determined that the procurement to Emergency Repair the Main Steam Line at FCI Milan, Michigan meets the criteria established for other than full and open competition (unusual and compelling urgency). This limitation on competition is justified as supported by the following information:

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

Department of Justice

Federal Bureau of Prisons

Federal Correctional Institution Milan

4004 East Arkona Road

Milan, MI 48160

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is for an acquisition of services to Emergency Repair the Main Steam Line at

FCI Milan

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS (INCLUDING ESTIMATED VALUES):

FCI Milan’s steam line removes steam from the power house and transfers it into key institutional areas to provide heat and hot water. The piping and steam flow supports critical agency needs on the institutional grounds in areas including, but not limited to, food service, laundry, inmate housing units, staff housing and staff offices.

The leaking steam continues to cause erosion in the earth surrounding the affected area creating a sink hole on an operated road, which has created a safety hazard for staff and vehicles operating along the perimeter in low visibility areas and has the potential to create a safety hazard if ruptured for staff and inmates in the surrounding areas.

An independent government estimate was conducted and the cost is estimated to be

$208,087.10. Only licensed inspectors and certified welders that are United Association

(UA) certified in high pressure piping are authorized to perform repairs on the steam line.

4. IDENTIFICATION OF THE STATUTORY AUTHORITY

PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

The statutory authority permitting other than full and open competition for the procurement action is: FAR Part 6.302-2, (a) (2) Unusual and compelling urgency.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

Rovanco is the original manufacturer of the piping currently utilized at FCI Milan, and a complete repair using a different manufacturer would not be fair nor advantageous to the government, because a full replacement would need to be done instead of repairing the affected area. RL Deppmann is the local representative and supplier of Rovanco Piping

Systems materials.

RL Deppmann recognized the emergent need to repair the ruptured steam line as to prevent further rupture in the inner jacket and surrounding piping and John E. Green

Company provided an emergency restoration proposal that meets the institution's urgent and compelling need. John E. Green Company has a proven past performance history with projects similar in magnitude with the University of Michigan, General Motors and

Oakland University. They are other than small business and are found in the System of

Award Management (SAM) with zero active exclusions. John E. Green Company is therefore being recommended for contract award approval to fulfill the emergency restoration requirement.

6. EFFORTS THAT WERE MADE TO SOLICIT OFFERS FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A

NOTICE WAS OR WILL BE PUBLICIZED:

The requesting activity did not attempt to solicit offers from other sources as this situation required an immediate assessment to locate the source of the pipe rupture by excavating near a major service road. Locating the rupture had a higher degree of difficulty to the conduit style piping system—smaller pipes located inside large pipes.

John E. Green Company has been identified as a certified and licensed industry expert by

Rovanco Piping Systems and RL Deppmann. John E. Green Company has proven experience with other entities as well as being a local company authorized by the supplier to repair Rovanco Piping Systems products. Their proposal aligns with the institution's urgent and compelling need to complete the Emergency Repair of the Main Steam Line at FCI

Milan as soon as possible by making their skilled, licensed and certified workforce ready to deploy and stop the flow of steam and repair the pipes as soon as all materials and equipment are brought on site.

7. CONTRACTING OFFICER'S DETERMINATION THAT THE

COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

John E. Green Company maintains a DUNS (006958193) and are familiar with the requirement and constraints of the Federal Bureau of Prisons. A proposal has been obtained to assist in determining a cost estimate for this requirement due to the urgent nature. The Contracting Officer has made a determination that the proposed price of

$210,100.00 is both Fair and Reasonable and Advantageous to the government.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART

10) AND THE RESULTS:

Due to the urgency and importance of providing the required services, it is determined that a market survey is not feasible due to the circumstances explained in Items 5, 6, and

9.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

The area where the ruptured steam line is located is exclusive, in that no other steam utility feed and supply lines exist. Due to the nature and high temperature of the steam, an increase in volume and demand to supply steam to institutional areas can lead to a rupture in the inner jacket. If this occurs scalding steam will be released at a higher rate, which can cause an underground rupture resulting in spewing pavement, dirt, rocks and possibly asbestos out of the current sink hole and compromising the entire system. Additional ruptures in the line can lead to death or serious bodily injury and can damage underground water lines, gas and electric utilities, creating a gas leak into surrounding buildings and providing the ignition source for a gas-fueled fire.

Without immediate restoration to FCI Milan’s steam line, the institution will remain at great risk to loss of heat, domestic hot water, heat production for food preparation and laundry services and other functions critical to the orderly operations of the institution. The existing 10” high pressure steam line has had a failure in the outer jacket and ground water is flashing off the line creating a sink hole on an operated road. The sink hole is a safety hazard for perimeter patrol vehicles during low visibility times and it limits road access for institutional staff and delivery vehicles. There are no other facts which would support the use of other than full and open competition.

10. LISTING OF THE SOURCES THAT EXPRESSED IN WRITING, AN

INTEREST IN THE ACQUISITION:

As this requirement was not advertised, no other company expressed an interest in this acquisition.

11. ACTION TAKEN, IF ANY, TO REMOVE OR OVERCOME ANY BARRIERS TO

COMPETITION:

There are no means or actions that the Contracting Officer can take in the future to remove or overcome barriers to competition since the immediate repair of this equipment is necessary to prevent the disruption of the safe and orderly operations of the institution thus making it an unusual and compelling urgency situation. Due to the aforementioned circumstances noted, it is concluded that this acquisition for steam line repair services from John E. Green Company, is the only reasonable means to attain time sensitive and acceptable expedited restoration assurances of this equipment and grounds.

12. COST CENTER MANAGER CERTIFICATION:

I hereby certify that this justification and supporting data for the certification are accurate and complete to the best of my knowledge and belief.

Frank Moore, General Foreman Date

FCI Milan

13. CONTRACTING OFFICER CERTIFICATION:

Cierra Joshua, Contract Specialist Date

FCI Milan

CIERRA JOSHUADigitally signed by CIERRA JOSHUA Date: 2021.10.21 12:06:25-04'00'

12/10/2021

12/10/2021

JAMES MOORE

Digitally signed by JAMES MOORE Date: 2021.10.21 12:08:26-04'00'