Signed Justification.pdf

Sole Source Award Justification

FCI Manchester Replace Cooling Tower Unit

Pursuanttothe Federal Acquisition Regulation (FAR) Part 13.501 (a.) (D, and:defined in FAR

2.101 ( a) 2 for the Federal Correctional Institute, (FCI) Manche~ter located \n, Manchester, Kentucky, meets the criteria established'.for,other than full and open competition. It is further, detenninedthat 011lyone :responsible sourceand.no other supplies and/or services wiU satisfy agency requirem,ynts, This lim.,itation on: competition is justified as supported by the following information in accordance with FAR Part 6.303-2 pursuant to 41 U.S.C. 1901:

1. Identification of the Agency:

U.S. Department of Justice Federal Bureau of Prisons FCI. Manchester 805 Fox.Hollow Road Manchester, KY 40962

2. Nature and/or description ofaction being approved:

This justification fo:r other thl'l,11 nill and open competition is for the acquisition of Replacing Cooling Tower Unit at FCI Manchester, from the original and sole provider of such setvfoes. FCI Manchester has a present and continuing requirement for a two unit complete Baltimore Aircoil Model 15350 Cooling Tower assembly with fans, motors, and rnotor controls.

3.. Description of supplies or services· required to meet the agency needs:

The cooling towers are in need of replacement. The hot water metering media and cold water basins for both towers are degraded, the. rnetal in these components have rusted through in many places and. been patch repaired multiple times. The patching and media degradation ;

prohibits proper wat~r cooling and caµses the chillers to operate at higher than optimal temperature$: Failure of these towers would render the institution without means of providing cond,itioned cool air to the.inmate population. Chiller #2 is cllITently performance limited at a maximum of 80% output . Without the limit in plac:e Chiller# 1 will not run more than a few hours during l:lighdemand days without,shµ~ing down.due to the cooling tower water temperature rising above maximU111 operating; limhs for the chiller.

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

This justification to award as a sole source is prepared purs11ant to. the exception to full and open comp'etition requirements in accordance with the statutory authority for these services that is found at 41 USC § 1901, when the supplies or services required by the agency are available from only one responsible source. The applic~tion which permits use of the cited statutory authority are stated at FAR Part 6.302-1, ''When the supplies or services required by the agency are available from only one responsible source, and no other type of supply will satisfy agency requirements.). When a portion of the acquisition is for a brand-name product or item peculiar to one manufacturer. FCI Manchester is replacing the cooling tower that is currently installed due to age, metal degradation, and "leaks. By purchasing a direct replacement of the same manufacturer and model this allows the replacement to be accomplished with minimal piping wiring and concrete pier foundation modifications. This will allow th~ replacement to be completed· in a timely matter with minimal impact on institutional operations. The Utilization of a direct bolt on replacement system ensures the costs for installation are minimal as opposed to pouring new foundation walls and piers, and re-piping the entire cooling tower feed and discharge water lines. We are currently under an ESPC performance contn1ct that is based on the current tower performance factors.

Replacing the tower with a different brand FCI Manchester would be responsible for the cost associated with tower/cl-µller syste~ perfonnance testing to be completed by a third party.

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

Baltimore Aircoil Company is the sole provider of the Model SlSE-1212 1500E Tower, which is needed.to replace the existing tower. This requirement cannot be conveniently or economically obtained by contracting directly with a private source because building multiple distribution and removal systems would be costly and inefficient.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable including whether or not a notice was or will be publicized as required by FAR Subpart. 5.2:

As. st~ted in FAR Part 5 .202(a)( 6), exceptions, the contracting officer need not submit a . .

notice when 'tlle item requested has brand name specifications. Specifically, 16.505 (a),

(i) The contracting officer tnust justify restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product tllat is peculiar to one manufacturer). A prand-name item. even if available on more than one contract, is an item peculiar to one manufacturer. Brand-name specifications shall not be used unless the particular brand-name, product, or feature is essential to the Government's requirements and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

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

Baltimore Aircoil Company, provided the equipment that is currently in use. This vendor has supplied the same type of equipment for other federal prisons and other government agencies. The establishment of the current supply began when the original service connections were installed in 2008. Purchasing ·of this supply from a responsible source is determined fair and reasonable.

8. A description ofthemarketresearch conducted:

This documentation.is in accordance with FAR Part 10, which describes the policies and procedures for conducting market research in a process of finding viable sources of goods and setvices to meet government requirements and to find the most suitable approach to acquiring, distributing, and supporting supplies and services. This report is submitted in support of an acquisition with an estimated value within the simplified acquisition threshold.

Below a,re the findings of the market research for the above referenced requirement.

Product Service Code: 4130 Refrigeration and Air Conditioning Components.

North American Industry Classification System CNAICS): 333415 Air-Conditioning And Warm Air Heating Equipment And Commercial And Industrial Refrigeration Equipment Manufacturing.

Estimated Contract Value (including options): $140,000.00

Commercial Item Determination: Model SlSE-1212 -09KN -2 Series 1500E Tower.

Market Analysis: The results of market research have determined that the government's needs can be met by items customarily available in the commercial marketplace. .

The ma:rket research cpndlicted by the contracting office and the Facilities Department personnel determined that this model cooling tower is not available on GSA or any other open market vendors.

It is this Contracting Officers determination there is no other source available that is capable of providing the required equipment. The procurement will be conducted in accordance with the procedures as outlined in FAR Part 12, and 13. ·

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

F.C.L.Manchester Air Conditioning is provided by two water source Chiller Units, these units are cooled by the two Baltimore Aircoil cooling water towers that are essential for the orderly operation of FCI Manchester, which was designed with a rated capacity to collectively house approximately 1300 inmates. The facility houses male inmates of all security levels who are in in-custpdy and out-custody status.

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

No sources available,

11. A statement of the actions, if any,• the agency may take to remove or overcome barriers to competition before any subsequent acquisition fo~ the supplies or services required:

Contracting and requir~ments staff .continue. to conduct appropriate market research to determine if sources capable of satisfying the agency's requirement exist and to overcome competition barriers. If another potential source emerges, the agency will assess whether competition for future requirements is feasible.

12. Contracting Officer's 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 bestofniy 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 resuJt oflack of advance planning or a desire to expend funds while those funds are still available.

Digitally signed by TRACY '

TRACY Fl ELDS··~!;i;o23.os.1s 13:33:33 .•J -04'00'

Traqy Field~. Supervisory Contract Specialist FCI Maiichestet

Submitted by:

I hereby certify that the supporting data provided by the technical and requirements personnel which form the basis for this justification is complete and accurate to the best of my knowledge and belief .

r

Gary Swaney, Ward FCI Manchester

. Manager

Date