10 JOFOC_1_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

WATER AND WASTEWATER UTILITY SERVICE MDC BROOKLYN

Pursuant to Federal Acquisition Regulation (FAR) Subpart 6.302-1(b)(3), and the Bureau of Prisons Acquisition Policy (BPAP) Part 6.3 04(c), the Federal Bureau of Prisons (FBOP) has determined the procurement of water and wastewater utility service for the Metropolitan Detention Center (MDC), Brooklyn, meets the criteria established for other than full and open competition. It is further determined only one source exists and no other supplies or services will satisfy the agency's need. This limitation on competition is justified as supported by the following information:

(1) Identification of the agency and contracting activity:

U. S. Department of Justice Federal Bureau of Prisons Metropolitan Detention Center, Brooklyn 80 29th Street Brooklyn, NY 11232

(2) Nature and/or description of action being approved:

This justification for other than full and open competition is for the acquisition of water and wastewater utility services provided to MDC Brooklyn, from the original and sole provider of such services.

MDC Brooklyn has a present and continuing requirement for water and wastewater utility service for the proper operation of the facility.

(3)Description of supplies and services reQuired to meet the agency needs:

MDC Brooklyn requires water and wastewater utility services in a manner and form that is consistent with all applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all governmental authorities having jurisdiction. Services shall be provided on an un-interruptible daily basis 365 days per year. The provider will be responsible to maintain and/or repair all associated water and wastewater lines and equipment, including associated costs for such repair, from the delivery point or meter of MDC Brooklyn. Pursuant to FAR Part 41.202, the contractor is required to provide the "entire water and wastewater utility service" (i.e., treatment, testing, system operation and maintenance, metering, billing, etc.).

Water and wastewater utility services shall be provided from October 1, 2020 through September 30, 2021, subject to funds availability (FAR Clause 52.232-18). The FBOP shall purchase water and wastewater utility service defined as potable, firefighting water and wastewater and shall meet the Government's daily needs for the proper operation of the facility. Below is the Internal Government Estimate.

Contract Line Item Performance Period Estimated Annual

CLIN0001 October2020 Cost$

$103,246.00 CLIN 0002 November 2020 $89,277.00 CLIN 0003 December 2020 $77,067.00 CLIN 0004 January2021 $95,202.00 CLIN 0005 February 2021 $88,470.00 CL[N 0006 March 2021 $85,895.00

JOFOC MDC BROOKLYN

Water and Wastewater Utility Services CLIN 0007 April 2021 $116,478.00 CL[N 0008 May2021 $125,477.00 CLIN 0009 June 2021 $97,920.00 CLIN 0010 July2021 $123,693.00 CLIN 0011 August2021 $127,232.00 CLIN 0012 September 2021 $128,374.00

$1,258,331.00

(4) An Identification of statutory authority permitting other than full and open competition:

This justification to award as a sole source is prepared pursuant to the exception to full and open competition requirements in accordance with the statutory authority for these services that is found at 41 USC § 3304(a)(1), when the supplies or services required by the agency are available from only one responsible source. The application which permits use of the cited statutory authority are stated at FAR Part 6.302-1(b)(3), when acquiring utility services (see FAR 41.101), circumstances may dictate that only one supplier can furnish the service (see FAR 41.202).

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

The New York City Water Board (NYC Water Board) is the sole provider of water and wastewater utility service in the MDC Brooklyn service area. No other providers can provide this service.

(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 stated in FAR Part 5.202(a)(5), Exceptions to transmitting a notice to the Government Point of Entry, the contracting officer need not submit a notice when "the proposed contract action is for utility services other than telecommunications services and only one source is available."

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The estimated usage for a twelve-month period is $1,258,331.00. All rates are regulated by the NYC Water Board. The NYC Water Board has provided sufficient data to the FBOP contracting officer, pursuant to FAR 15.402, Pricing Policy, allowing the ability to make a preliminary determination that such anticipated costs appear to be fair and reasonable. A formal decision in the form of periodic rulings, reviews, or similar actions of a governmental body, or embodied in the laws, are sufficient to set pricing (see FAR 15.403-l(c)(2)). This Contracting Officer has determined the anticipated cost to the Government will be fair and reasonable.

(8) A description of the market research 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 services 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

Water and Wastewater Utility Services value in excess of the simplified acquisition threshold. Below are the findings of the market research for the above referenced requirement.

I. Background: MDC Brooklyn has a current and continuing requirement for water and wastewater utility service.

1. Product or Service Code: S- Utilities and Housekeeping Services —S 114 Utilities-Water and 5110 Other Utilities.

2. NYC Water Board (NAICS): 221310 Water Supply and Irrigation Systems - this industry comprises establishments primarily engaged in water supply. 221320 Sewage Treatment Facilities This industry comprises establishments primarily engaged in operating sewer systems or sewage treatment facilities that collect, treat, and dispose of waste.

3. Standard Industrial Classification (SIC) Code: 4941 Water Supply and 4952 Sewage Services

4. Estimated Contract Value: $1,258,331.00 for one year

II. Potential Sources: The NYC Water Board is the sole provider of water and wastewater utility service in the MDC Brooklyn service area. I applied personal knowledge, interaction with knowledgeable individuals in local and Federal Government regarding market capabilities to meet the requirements, and research of generally accessible literature available on-line were the techniques used in researching this procurement for a supply/services of this type. A review of New York City regulations determined that a water and wastewater utility service is a regulated utility. Deregulation would promote competition. MDC Brooklyn is located in New York City within NYC Water Board's territories served. In accordance with Title 31 USC § 6303 an executive agency shall use a procurement contract as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient.

III. Market Analysis:

1. The results of market research have determined that the government's needs can be met by an item customarily available in the commercial marketplace.

2. The market research conducted by the contracting office and the Facilities Department staff determined that neither a GSA area-wide nor a single point contract does not exist with the NYC Water Board service area. NYC Water Board indicates that they are unwilling to enter into a bilateral written contract. A search of previous purchases of similar/identical acquisitions shows the NYC Water Board is the current water and wastewater service provider for MDC Brooklyn and has serviced the facility since dedication.

IV. Results: Based on the information provided by the sources detailed above, the following information outlines the conclusions and provides the basis for this procurement.

1. The procurement will be conducted in accordance with the procedures as outlined in FAR Part 12, 13, and 41. A Performance-Based Acquisition (PBA) method will not be used for this procurement as it is determined not applicable. A PBA relies on the use of measurable performance standards and financial incentives in a competitive environment to encourage competitors to develop and institute innovative and cost-effective methods of

Water and Wastewater Utility Services performing the work.

2. The NYC Water Board is an other than small business.

3. The provision of water and wastewater utility service is essential for the orderly operation of

MDC Brooklyn. The specifications/description requirements documents shall specify needs using market research in a manner designed to promote full and open competition and only include provisions or conditions to the extent necessary to satisfy the needs of the FBOP or as authorized by law.

4. Robert Peck, Director, Energy Center of Expertise of the U.S. General Services Administration has issued a Delegation of Contracting Authority to the FBOP to negotiate and execute utility service contracts. This includes the provision of water and wastewater service for MDC Brooklyn for a period of one year.

5. 1 also make the determination that this procurement action "NOT" be set-aside for small business. The Small Business Procurement Review for the purchase of utility services has been granted a waiver by the Office of Small and Disadvantaged Business Utilization to the FBOP for submitting routine procurements to the Office of Small and Disadvantaged Business Utilization for review in accordance with Procurement Guidance Document 09-02.

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

None.

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

On June 5, 2019, an open and continuous sources sought announcement was posted to the Governmentwide Point of Entry. There were no sources that expressed an interest in this acquisition.

(11) A statement of the actions, if any, the agency may take to remove or overcome barriers to competition before any subsequent acquisition for the services required:

Contracting and requirement staff continue to conduct appropriate market research to determine if sources capable of satisfying the agency's requirement exist and to overcome competition barriers.

Deregulation laws are presently nonexistent and no alternative source of service is currently available.

(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, the supporting data and information are accurate and complete to the best of my knowledge and belief and 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 advanced planning or a desire to expend funds while those funds are still available.

Digitally signed by BONNIE BONNIE BUETERBuEmR

Date: 2020.08.25 11:05:53 -0500 08/24/2020

Bonnie Bueter, Contract Specialist Date Field Acquisition Office

Cone

Philip Tolliver, Supervisory Contract Specialist MDC Brooklyn

JOFOC MDC BROOKLYN

Water and Wastewater Utility Services

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.

Date

In accordance with BPAP 4100.06 Subpart 6.304(c), I certify that I have reviewed this justification and find it adequate to support other than full and open competition.

Heriberto H. Tellez, Warden MDC Brooklyn

Al Rauschuber Jr., Chief Field Acquisition Office

Catherine S. Scott Procurement Executive

Date

Date

Date

Approved:

The Competition Advocate for the procuring activity. designated pursuant to FAR 6.501 and BPAP 4100.06, has reviewed this justification for a proposed contract action. Based on the forgoing determination and findings, I hereby approve this justification on an other than full and open competition basis pursuant to the statutory authority cited in paragraph 4 above. subject to availability of funds, and provided that the service herein described have otherwise been authorized for acquisition.

Date Loneryl Bums Senior Deputy Assistant Director for Administration/Competition Advocate