Emergency Repair Broken Storm DrainpipesEmergency Repair Broken Storm Drainpipes

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
Pursuant to the Federal Acquisition Regulation (FAR) 6.302-2 as well as the Bureau of Prisons
Acquisition Policy (BPAP) 6.304(a), the Federal Bureau of Prisons (FBOP) has determined the
procurement of repairs the Broken Storm Drainpipes at Federal Correctional Institution (FCI)
Dublin in Dublin, California, meets the criteria established for other than full and open
competition. This limitation on competition is justified as supported by the following
information:
1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:
Department of Justice
Federal Bureau of Prisons
Federal Correctional Institution Dublin
5701 8th St.
Dublin, California 94568
Emergency Repair Broken Storm Drainpipes project
2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:
This action is for the acquisition of Materials, Hardware and Labor to repair the Broken
Storm Drainpipes in FCI Dublin.
3. DESCRIPTION OF SUPPLIES AND SERVICES REQUIRED TO MEET THE
AGENCY'S NEEDS (INCLUDING ESTIMATED VALUES)
FCI Dublin has a requirement to repair a Broken Storm Drainpipes. The current Storm
Drain has suffered a catastrophic failure which has created a sink hole inside of the
institution and requires repair. This Storm Drain is essential by diverting live spring and
rainwater under and away from the Institution Dublin.
The estimated cost of the procurement is $ 247,602.00.
4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER
THAN FULL AND OPEN COMPETITION:
41 U.S.C. 253(c) (2), as implemented by FAR 6.302-2 (b)(1)(2) An unusual and
compelling urgency precludes full and open competition and delay in procurement of
repairs would result in serious injury, financial or other, to the Government. Failure to
repair the Broken Storm Drainpipes will result in losing the ability to divert live spring
and rainwater under and away from the institution which can jeopardize the safety and
security of the institution. It is determined the procurement of repairs to the Broken
Storm Drainpipes in FCI Dublin in Dublin California, meets the criteria established for
other than full and open competition.
5. DETERMINATION THAT PROPOSED CONTRACTOR'S UNIQUE
QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF
THE AUTHORITY CITED:
A properly functioning storm drain is capable carrying live stream water fed from the
Military Base Camp Parks and rainwater under away from the grounds of the Institution
Dublin. The current Storm Drainpipes has suffered a catastrophic failure and requires
emergency repairs to ensure the safety and security of the Federal Correctional Institution
Dublin.
.
6. EFFORTS TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY
POTENTIAL SOURCES AS IS PRACTICABLE:
This is an unusual and compelling urgency acquisition. SEAMIAR Construction is an 8a
vendor and was recommend by the Western Regional Office to have the ability to
complete this type of repair considering the urgent condition of the broken drainpipes. As
stated in FAR 5.202 (a) (2), the proposed contract action is made under the conditions
described in 6.302-2 (or, for purchases conducted using simplified acquisition
procedures, if unusual and compelling urgency precludes competition to the maximum
extent practicable) and the Government would be seriously injured if the agency complies
with the time periods specified in 5.203 . Therefore, a notice is not required in the
Government wide point of entry (GPE).
7. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT
WILL BE FAIR AND REASONABLE:
The price was analyzed by the Contracting Officer with the assistance of the Facilities
Manager in order to ensure price reasonableness and accuracy.
8. DESCRIPTION OF MARKET RESEARCH:
SEAMIAR Construction was capable of providing FCI Dublin with required labor,
materials and equipment to complete this type of repairs. With the time constraint, further
market research cannot be conducted.
9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN
COMPETITION:
The Broken Storm drains divert live spring and rainwater under and away from the
institution. The conditions created by these broken drainpipes have created unsafe and
unstable area that is commonly accessed by staff and inmates. Any delay in these
repairs, could result in serious bodily injury or even death.
10. SOURCES THAT EXPRESSED, IN WRITING, AN INTEREST IN THE
ACQUISITION:
No other sources expressed in writing an interest in the acquisition.
11. ACTIONS TAKEN BY THE AGENCY TO REMOVE OR OVERCOME BARRIERS
TO COMPETITION:
FCI Dublin will continue to monitor the market trends for additional vendors in the event
an event such as this occurs, and repairs are needed.

*This is not a solicitation