JOFOC_Edited.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Federal Detention Center

Office of Financial Services Seal/le Washington 98198

December 29, 2015

MEMORANDUM FOR JILL D. RYAN, CHIEF, FIELD ACQUISITION OFFICE

THRU:

FROM:

SUBJECT:

/IS//

C. Ing~am, Warden

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J~· Lucas, Contract Specialist

Justification of Other than Full and Open Competition {JOFOC) for Evapco Cooling Towers

The purpose of this memorandum is to request approval of the attached JOFOC for FDC SeaTac's two Evapco Brand cooling towers to be rebuilt and factory warrantied by the Evapco Manufacturer Authorized repair entity Johnson-Barrow Inc.

This JOFOC is being submitted for approval in accordance with Federal Acquisition Regulation (FAR) 6.302-l{c), only one source is fully qualified to perform the proposed work. It was determined the repair / rebuild work necessary to bring FDC SeaTac's two (2) Evapco Brand, Model LSTA8Pl84, Forced Draft, Counter Flow, Cooling Towers back to full factory specifications operation and carry new manufacturer warrantees on all parts and labor the work will need to be completed by an Evapco authorized r epair entity.

l. Agency:

Department of Justice Federal Bureau of Prisons

. Federal Detention Center, SeaTac 2425 So 2ooth Street SeaTac, Washington 98198

Justification for Other than Full and Open Competition Page 1

2.Nature/Pescription of action being approved:

The Federal Detention Center, SeaTac is requesting approval of a sole source justification for procurement of repair/rebuild services on FDC SeaTac's two (2) Evapco Brand Cooling Towers.

3.Description of services and estimated value:

A supply/service contract consisting of the purchase of Evapco proprietary, or other manufacturer authorized/recommended parts and the use of manufacturer trained skilled labor that would include following industry standard, manufacturer patented, and/or warrantee dependent procedures to properly rebuild FDC SeaTac's cooling towers to factory specifications and operational parameters. The estimated added value is based on manufacture warrantees through use of manufacturer authorized parts and skilled labor, the expectation that risk of cooling tower plant failures are reduced with use of all manufacturer requirements, and system performance and life cycle longevity is increased . The total estimated amount to fulfill the cooling tower rebuild requirements by the manufacturer's authorized repair entity is $150,000 . 00.

4. Statutory authority permitting other than full and open competition:

1 o U. S . C . 2 3 O 4 ( c) ( 1) or 41 U. S . C . 3 3 O 4 (a} ( 1} , Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the nature of the acquisition requires use of the authority cited:

Market research to find qualifying HVAC mechanical service providers in Washington State who were manufacturer authorized repair/rebuild entities yielded only one provider, Johnson-Barrow Inc. located in Seattle Washington. Johnson-Barrow Inc. is an authorized entity listed on the Federal Supply Schedule to do business with the Federal Government.

Justification for Other than Full and Open Competition Page 2

6. Efforts made to solicit from as many potential sources as 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:

The requesting activity did not attempt to solicit other sources, as this situation requires an Evapco Manufacture Authorized Repair/Rebuild Authority having proven experience and specialized knowledge and skills.

7. Contracting Officer's determination that the cost to the Government will be fair and reasonable:

The cost to complete the necessary repair/rebuild to FDC SeaTac's two cooling towers has been Government estimated to be $150,000.00.

8. Description of market research:

Market research revealed that Evapco has only one authorized cooling tower repair/rebuild entity in the geographical area they will back and issue warrantees on all parts and skilled labor, Johnson-Barrow Inc. Johnson-Barrow has an active Federal Supply Contract.

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

FDC SeaTac is equipped with two cooling towers which are vital mechanical components to the institutions environmental control system. This procurement is necessary to maintain the safe and orderly running of the institution

10. List of sources expressing in writing interest in the acquisition:

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

Justification for Other than Full and Open Competition Page 3

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 repair/rebuild of these specialized pieces of equipment are 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 this purchase for services from the identified Evapco Manufacturer recognized service provider is the only reasonable means to attain acceptable repair/rebuild assurances of this specialized equipment.

Justification for Other than Full and Open Competition Page 4

12. Contracting Officer Certification

I hereby certify that this request for Justification and Approval of other than Full and Open Competition is made in good faith that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify that this request is not the result of lack of advance planning or a desire to expend funds while those funds are still available.

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jerry Lucas, Contract Specialist Federal Detention Center, SeaTac

Concurrence :

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C. Ingr;, . Warden Federal Detention Center, SeaTac

Approved :

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Jill D. Ryan, Chief Field Acquisition Off ice

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J ust i ficati on for Other than Full and Open Competition Page 5