JOFOC12-40 Liquid Chiller.pdf

I. • ..

u.s. Department of Justice Federal Bureau of Prisons

u. S. Medical Center for Federal Prisoners 1900 W. Sunshine

Office of the Contracting Department Springfield, MO 65807

JUSTIFICATION FOR OTHER THAN 'FULL AND OIPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-2 Unusual and Compelling Urgency, as the Federal Bureau of Prisons, U.S. Medical Center for Federal Prisoners (MCFP) Springfield, Missouri has determined that this requirement is an unusual and compelling urgency and the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals.

The following is the supporting documentation in accordance with FAR Part 6.303-2(a) .

1. IDENTI'FICATION OF THE AG,ENCY AND THE CONTRACTING ACTIVITY:

Department of Justice

Federal Bureau of Prisons

U. S. Medical Center for Federal Prisoners

1900 W. Sunshine Street

Springfield, Missouri 65807

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

Gold Mechanical shaH provide all supplies and labor to install a 150 ton York single effect steam hermetic absorption liquid chiller. Training requirements are also included in this contract. This chiller is being procured to replace the Building 3 chiller. This chiller was installed in 1977. On October 25, 201,1, the chiller broke down and is currently non operational. Funding has been obtained and this requirement is considered to be an unusual and compelling, urgency. This chiller provides climate controlled conditions in Building 3, which houses approximately 135 long term health care and ambulatory two inmates. Many of these inmates have respiratory problems and require a climate controlled environment. Relocation of certain inmates would be required, as the lack of this climate controlled environment could exacerbate their medical conditions. This requirement is determined to be urgent and compelling as the lead time to manufacture and deliver the chiller is 16 weeks, with an additiona'l week to make final connections after delivery.

We are requestling approval to preclude full and open competition based on unusual and compelling urgency to replace and install this chiller. FAR Part 6.302-2(c), indicates justification may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. Due to the dollar threshold being greater than $100,000.00 and Bureau of Prisons Acquisition Guidance Document 06-006 regarding who can award procurement actions at this level, Mr. John Wenkman was notified via telephone to request verbal approval for this acquisition to be procured through the institution Contracting Department. Due to the urgency of this acquisition, Mr. Wenkman gave verbal approval and the chliler was procured on December 21,2011 .

Justification for Other Than Full and Open Competition Page 1 Building 3 Chiller Replacement and Installation http:100,000.00

3. DESCRIPTION OF SUPPLIESISERVICES REQUIRED TO MEET THE AGENCY'S

NEEDS (INCLUDING THE ESTIMATED VALUE):

The U.S. Medical Center for Federal Prisoners, Contracting Office, Springfield, Missouri, has the requirement to award a supply and service contract to Gold Mechanical under FAR 6.302-2 Unusual and compelling urgency for procurement and installation of a 150 ton York single effect steam hermetic absorption liquid chiller.

The government estimate is $180,000.00. It includes purchase of the chiller, materials, equipment, and labor necessary to install a new 150 ton York single effect steam hermetic absorption liquid chi"'er in Building 3.

4. IDENTI'FICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION:

41 U.S.C. 253(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-2, Unusual and compelling urgency.

5. THE NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY

CITED:

The Building, 3 chiller performs a vital role in the overall operation of the institution.

Specifically, it affects housing of 135 long term health care and ambulatory inmates, as well as dialysis, medical records, physical therapy, and dental departments. This chiller is currently non-operational and is the only source of cooling for Building 3. A climate controlled environment is imperative to the health of these medical inmates. The lead time to manufacture and deliver the chiller is 16 weeks, with an additional' week to make final connections after delivery. Failure to make award immediately to replace thi's chiller would have a negative impact which could cause serious injury to the government if a replacement is not ordered and made functional by the time the weather begins to warm.

It is imperative to the operation of the institution and patient care that this award be made under unusual and compelling urgency.

6. EFFORTS TO ENSURE THAT OFFERS ARE SOLICTED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICAL:

This procurement is justifiable under FAR Part 6.302-2 Unusual and compelling urgency.

Time is a major factor and does not permit use of utilizing full and open competition procedures. Due to the nature of the circumstances, the procurement office requested offers from as many potential sources as practicable and competition has been obtained.

In accordance with FAR 5.202(a)(2), this contract action was not synopsized due to the time periods specific in Far 5.203.

7. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE

FAIR AND REASONABLE:

The Contracting Officer has determined the cost to the Government is fair and reasonable based on the government estimate and competition between two vendors in which Gold Mechanical provided the best cost and shortest delivery and installation time frame.

Justification for Other Than Full and Open Competition Page 2 http:180,000.00

8. DESCRIPTION OF MARKET RESEARCH:

Market research was conducted based on previous contractors utilized for chiller projects; the HVAC technician's knowledge of these contractors ability to meet our requirements, and a search on General Services Administration (GS) website. It was determined there were three (3) GSA contractors who could meet our requirements.

Verbal confirmation was obtained from each contractor prior to solicitation .

On the date the quotes were due, one GSA contractor (Carrier) indicated they just found out the chiller was not on the GSA contract and they were not going to provide a quote.

A second GSA contractor (Trane) chose Gold Mechanical (who attended the site visit), but Trane did not provide a quote. The third GSA contractor (Johnson Controls) ]provided a GSA contract number with their quote, but later retracted the GSA contract number stating they mistakenly thought the absorption chiller price was on the GSA contract. A final quote was received by Gold Mechanical who intended to provide prking for installation through Trane, as Trane had sent them the solicitation. As stated above, Trane did not provide a quote and therefore, Gold Mechanical submitted a quote directly.

They chose to provide pricing for three (3) different chillers: Trane, York, and Carrier brands. The quote for the York chiller, including installation, training, delivery, and installation time frame provided the best value to the government.

Although, aU information provided at the time of solicitation indicated the three (3) GSA contractors solicited would be able to provide pricing under a contract, it was concluded that only open market priCing was available (or absorption chillers. As a result, this justification for unusual and compelling urgency is being justified as an open market purchase.

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

COMPETITION:

Urgent measures had to be taken to replace the Building 3 chiller which is currently inoperable. Oelaying award of a contract could result in serious injury to the medical inmate population currently housed in Buil'ding 3, as the length of time for manufacturing the chiller.

10. SOURCES THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION:

None

11. 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 Building 3 chiller was installed in 1977. This is considered to be an unusual requirement and the circumstances listed above lead it to be of compelling urgency.

Future acquisitions will be competed when practical.

Justification for Other Than Full and Open Competition Page 3 Building 3 ChWer Replacement and Installation

12. CONTRACTING OFFICER'S CERTIFICATION:

I hereby certify that the justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

Debra J. Bennett Date

Supervisory Contract Specialist

U. S. Medical' Center for Federal Prisoners

13. COST CENTER MANAGER'S CERTIFICATION:

I hereby certify that the justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

/;2. /23j;/ Date

Justification for Other Than Full and Open Competition Page 4

CONCUR:

ott hitson

\2-\ 2.-3 \ \ \ 'Date'

Regional Facility Manager North Centra'i Regional Office

Ambe~ireClor Date North Central Regional Office

Justification for Other Than Full and Open Competition Page 5 u.s. Department of Justice Federal Bureau of Prisons U. S. Medical Center for Federal Prisoners P. o. Box 4000 rcf:(, Manager

Springfield, MO 65801-4000

December 6,2011

MEMORANDUM FOR DEBBIE BENNETT, CONTRACT SUPERVISOR

FROM:

SUB..IECT: Justification for Other Than Full and Open Competition Unusual and Compelling Urgency

This memo is to request the immediate procurement of contract services for the labor, material, equipment, transportation, tools, supervision, and other items and services necessary to provide a replacement chiller. The existing 150 ton, steam fired, water cooled, absorption chiller was installed in 1977. On October 25, 2011, the chiller broke down and is no longer operational. The non-operational chiller provides climate controlled conditions to the Three Building which houses approximately 135 long term health care and ambulatory two inmates. Many of these inmates have respiratory problems and require a climate controlled environment. The lack of this climate controlled environment could exacerbate these inmate's condition. The Institution would like to have the new chiller operational before March 15, 2012 to prevent the possibility exacerbating any inmate condition. The time required to manufacture a new chiller is approx,imately 23 weeks. The institution requires the manufacturer to provide the specific chiller with the shortest production time. This chiller is vital to the overall operation of the institution and the following departments: Medical, Dialysis, Medical Records, Physical Therapy, Housing Units and Dental.

Should you have further questions or concerns, please contact me at x1704.