Redacted JOFOC Emergency Generator and Fire Pump.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Office of Contracting, John F. Kennedy Center for the Performing Arts (JFKC)

2. Nature and/or Description of Action to Be Approved: A follow-on purchase order is proposed on a firm-fixed price basis for continued maintenance of the critical Caterpillar equipment. A local area set-aside is proposed due to the locality of the John F. Kennedy Center and the contractor servicing location. A purchase order period consisting of a base year with four one-year option period, effective 10/01/2020 – 09/30/2021, and ending 9/30/2025 if options are exercised. The contractor proposed is:

Carter Machinery, Inc.

50 Commerce Parkway, Fredericksburg, VA 22406

3. Description of Services Required to Meet the Agency’s Need: Local set-aside for annual and quarterly preventative maintenance and on-demand services for the following Caterpillar fire pump and emergency generator:

Fire pump: Caterpillar model 3306, Serial Number: 064Z08245 Generator: Caterpillar model 3412, Serial Number: 09EP00834 Total Purchase Order Value ($12,000 annually) for a total purchase order value of $60,000.00.

4. An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(1) in accordance with;

[X]FAR 6.302-1. Only one responsible source.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The proposed action provides for ongoing maintenance and service of critical building life-safety infrastructure equipment.

The existing diesel engines that serve both the Center’s fire pump and emergency generator require cyclic preventative maintenance in order to maintain proper functionality. The fire pump provides pressurized water to the Center’s extensive dry, wet, and pre-action type fire-protection systems. The emergency generator provides emergency power to critical components throughout the Center such as computer rooms, elevators, security, safety, and emergency lighting when normal power is not available. Both pieces of equipment that require maintenance are manufactured by Caterpillar, Inc. (Fire pump: Caterpillar model 3306, Serial Number: 064Z08245; Generator: Caterpillar model 3412, Serial Number: 09EP00834).

These are two very different types of equipment and the service of these machines require unique disciplines, with vendors specializing in either Fire Protection Equipment or Emergency Power Generating Equipment or both. The exception to this norm is the factory authorized Caterpillar Equipment dealers who have the in-house expertise and direct factory support to service any equipment manufactured by Caterpillar. In the past the Kennedy Center has contracted separately with two such companies - Alban Cat and Carter Machinery. As part of the market research process staff contacted numerous electrical and fire pump service contractors, and while several companies expressed interest in servicing the type of equipment in which they specialized, none were able to offer service for both the fire pump and the emergency generator.

The Kennedy Center would be best served by contracting with a vendor that has direct access to the manufacturer for support and potentially scarce repair parts, the consolidation of maintenance services under a single contract will maximize resources required for contract management.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized.

A combined synopsis notice of intent solicitation will be posted on beta.sam.gov to identify other potential sources. A technical capabilities package will be required and all sources that respond to the synopsis will be screened for consideration. The screening process will determine the capability, experience and locality to service both the fire pump and emergency generator within the response times.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated price for maintenance services will be evaluated for fair and reasonableness based on the former acquisition history and the independent government cost estimate.

8. Market research A description of the market research conducted and the results or a statement of the reason market research was not conducted.

The Kennedy Center conducted market research in April 2020 to identify qualified sources for a new multi-year service purchase order. Based on the potential need for emergency repair service (due to the critical nature of the equipment) research was limited to firms that specialize in each type of equipment located in the Baltimore- Washington, DC metro area (DC, Northern Virginia, suburban Maryland, and Baltimore). Two authorized Caterpillar factory dealers support the Washington, DC metro region, one located in Myersville, MD and the other in Fredericksburg, VA. Upon contacting their offices, it was revealed the two companies had recently merged. Market research was expanded to include Fire Protection Equipment and Emergency Power Generating equipment contractors in the target area. None of the companies contacted were able to offer service on both of the Kennedy Center’s diesel engine driven components of equipment.

9. Any other facts supporting the use of other than full and open competition.

A scope of work for the frequency and time responses outlines the services expected by the John F. Kennedy Center.

10 A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None

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.

There are no feasible actions that could develop future competition. If the scope of the requirement changes during the out-years, due to unavailability of spare parts and maintenance or equipment replacement, actions will taken to facilitate competition.