Description
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION: Authority Cited: 1. Identification of the agency and the contracting agency. FCI Milan, UNICOR, Milan Metals FPI, 4002 E Arkona Rd Milan, MI 48160 2. Nature and/or description of the action being approved. The UNICOR Factory at FCI Milan manufactures metal office furniture, lockers, and cabinets. This factory currently holds a BIFMa e3 certification and is trying to recertify for ANSI/BIFMA e3-2024e Furniture Sustainability Standard. The BIFMa e3 certification allows FPI Milan to meet the standards and requirements of its customers and is vital to FPI Milan's continued success. The certification process is lengthy and very detailed. During this time Foresight Management will work to collect, organize and report on data needed for the next two years of surveillance audit. To obtain this certification there is a several-months-long process of research and written reports that are submitted to the auditing service. Since Foresight Management is intimately familiar with the UNICOR environment and processes, and they provide the service at a fair and reasonable price, it has been determined that Foresight Management can meet the immediate needs of the factory. The total cost of the service is $63,000. Due to the unusual and compelling nature of this procurement, UNICOR wishes to waive other than full and open competition and negotiate with the vendor. In accordance with 6.302-2 Unusual and Compelling urgency (a) (2) (b) (1) (2) (c) (2) (i) (A) (B) (ii) for the reasons stated above this requirement is not being competed and will be awarded to Foresight. 6.302-2 Unusual and compelling urgency. (a) Authority. (1) Citations: 10 U.S.C.2304(c)(2) or 41 U.S.C.3304(a)(2). (2) When the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. (b) Application. This authority applies in those situations where- (1) An unusual and compelling urgency precludes full and open competition; and (2) Delay in award of a contract would result in serious injury, financial or other, to the Government. (c) Limitations. (1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304. These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. (2) This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances. (d) Period of Performance. (1) The total period of performance of a contract awarded or modified using this authority- (i) May not exceed the time necessary- (A) To meet the unusual and compelling requirements of the work to be performed under the contract; and (B) For the agency to enter into another contract for the required goods and services through the use of competitive procedures; and (ii) May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply. determination must be documented in the contract file. (2) (i) Any subsequent modification using this authority, which will extend the period of performance beyond one year under this same authority, requires a separate determination. This determination is only required if the cumulative period of performance using this authority exceeds one year. This requirement does not apply to the exercise of options previously addressed in the determination required at paragraph (d)(1)(ii) of this section. (ii) The determination shall be approved at the same level as the level to which the agency head authority in paragraph (d)(1)(ii)of this section is delegated. (3) The requirements in paragraphs (d)(1) and (2) of this section shall apply to any contract in an amount greater than the simplified acquisition threshold. (4) The determination of exceptional circumstances is in addition to the approval of the justification in 6.304. (5) The determination may be made after contract award when making the determination prior to award would unreasonably delay the acquisition. This requirement was set aside 100% for a small business concern. Award is being made to a Small Business. Subpart 19.5 - Small Business Total Set-Asides, Partial Set-Asides, and Reserves NAICS Code 813920 Size Standard $16,500,000.00 c) Representations. (1)** The offeror represents as part of its offer that it is a small business concern. 3. A description of the supplies or services required that meet the agency’s needs (including the estimated dollar amount). DESCRIPTION: ANSI/BIFMA e3-Furniture Sustainability Standard LEVEL® Certification consulting. DOLLAR AMOUNT: $63,000 4. An identification of the statutory authority permitting other than full and open competition. FAR 6.302-2 Unusual and Compelling 5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires the use of the authority cited. The UNICOR factory FCI Milan is a high producing metals factory. It has a large volume of orders it must fulfill. In order to meet the mission of the factory, being certified by BIFMA helps the factory maintain competitiveness in the Office Furniture segment. Due to the complex nature of the data required for the sustainability standard UNICOR requires a consultant to maintain certification. By collaborating with Foresight Management, the factory can continue to operate and fulfill orders as scheduled at a fair and reasonable price. 6. A description of effects made to ensure that offers are solicited from as many potential sources as is practical including whether a CBD notice was, or will be, publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. FAR 6.302-2 Unusual and Compelling Due to the unusual and compelling nature of this procurement, competition will be waived. Foresight Management can provide the immediate need of the service at a fair and reasonable price. The BIFMa e3 certification allows FPI Milan to meet the standards and requirements of its customers and is vital to FPI Milan's continued success. The certification process is lengthy and very detailed. Foresight Management can provide the consulting service at a fair and reasonable price. This is considered a fair and reasonable price due to the industry knowledge and familiarity with UNICOR that is maintained within Foresight Management. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Due to the current market, the contracting officer has determined BFP Enterprises LLC DBA Foresight Management can provide the services at a fair and reasonable price and fulfill the immediate need of the factory. 8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. A market survey for the BIFMA Consulting Service at Milan revealed that Foresight Management can provide a fair and reasonable price. 9. Any other facts supporting the use of other than full and open competition. N/A 10. A listing of sources, if any, that expressed in writing, an interest in the acquisition. BFP Enterprises LLC DBA Foresight Management, 1425 Coit Ave NE STE 100, Grand Rapids, MI 49505-4905 11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services are required. The UNICOR factory at FCI Milan will utilize the needed services to meet the standards for recertification in order for the factory maintain success. 12. Contracting Officer certification that the identification is accurate and complete to the best of the Contracting Officer’s knowledge and belief. BFP Enterprises LLC DBA Foresight Management can provide the immediate need of the services at a fair and reasonable price.