WA150145 - JOFOC.pdf

Justification for Other than Full and Open Competition

1) AGENCY:

Department of Justice, Bureau of Prisons, FCC Hazelton, WV.

2) DESCRIPTION OF ACTION BEING APPROVED:

Covid-19 National Emergency modified operations Marketplace, Inc. DBA Wilbur Wholesale. Total amount of

$152,631.36 via fund control number WA150145.

3) DESCRIPTION OF THE SERVICES REQUIRED TO MEET THE AGENCY NEEDS:

Covid-19 modified operations boxed meals for the inmate population at FCC Hazelton during institutional modified operations. Due to Constitutional Rights, Food Service and Custodial Policies, inmates must be fed accordingly and Marketplace’s ability to delivery timely as per past practice compels SCS Contracting Officer to Award to the foregoing entity.

4) STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION:

FAR 6.302-2(b)(1) The agency’s need for supplies is of unusual and compelling urgency, the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bid or proposal.

5) DETERMINATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE

OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

No market survey was conducted due to the urgent nature of this requirement.

6) EFFORTS MADE TO SOLICIT FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE, INCLUDING

WHETHER A FEDERAL BUSINESS OPPORTUNITY NOTICE WAS PUBLICIZED:

In accordance with FAR 13.106-1(b) and the exemptions at FAR 5.202 (a) (2) the contracting officer has determined that the proposed contract action is for a requirement with unusual and compelling urgency, the Government would be seriously injured if the agency complies with the time period specified in FAR 5.203.

7) CONTRACTING OFFICER DETERMINATION THAT THE COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

The price is determined to be fair and reasonable based on the fact that the price is less than charged to the general public for same and similar services.

8) DESCRIPTION OF THE MARKET SURVEY CONDUCTED:

Due to urgency, no other sources were considered.

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

COMPETITION:

N/A

10) LIST OF SOURCES EXPRESSING IN WRITING, INTEREST IN THE ACQUISITION:

N/A

11) ACTIONS TAKEN BY THE AGENCY TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION:

N/A

12) CERTIFICATION AND APPROVALS:

I certify that the above justification is accurate and complete to the best of my knowledge and belief.

Sommer Starr, Supervisory Contract Specialist