JOFOC_-_Water_-_June_and_July_Redacted.pdf

JOFOC FCC Butner

FCC Butner Water and Sewer Utility Services

Source Selection Information – See FAR 2.101 & 3.104

(b)(4) An identification of the 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 41.101), circumstances may dictate that only one supplier can furnish the service (see 41.202). Analysis of the market indicates that SGWASA has proprietary rights up to the meter at FCC Butner. In order for another provider to be capable of providing the service, significant capital improvements would be needed. The Bureau would be required to pay for the capital improvements, but it would not recover the costs of duplication of services, connection fees and infrastructure installation costs through competition. The current requirement is for follow-on services and does not include funding for capital improvements.

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

SGWASA was created by the NC General Statutes - Chapter 162A and is a government-owned sole provider of water and sewer utility service in the Butner service area. SGWASA is an entity of the State of NC and is the only agent authorized by rules and regulations to provide water and sewer service. Having a single supplier of water and sewer service for this area is the most efficient method of providing potable water and collecting and treating sewage.

(b)(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.”

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

The estimated average monthly cost, which was based on invoice history, for the water and sewer utility service is $334,346.76 with a total estimated usage for a two-month period of $668,693.52. Utility rates are enacted by resolutions by the SGWASA Board and bound by the State general Statues and the State Budgetary Act. SGWASA, which is charged under State of NC law to ensure that rates be just and reasonable. SGWASA is a Government – owned political entity of the State of NC and operates under the guidelines of the State of NC Charter 162A. 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 15.403-1[c][2]). The establishment of the current supply and delivery of services began

BONNIE

BUETER

Digitally signed by BONNIE BUETER DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=BONNIE BUETER, 0.9.2342.19200300.100.1.1=15001000821828 Date: 2018.05.17 13:05:29 -05'00' 05/17/2018

5/22/2018 Digitally signed by ALFRED RAUSCHUBER

0.9.2342.19200300.100.1.1=15001000663620 Date: 2018.05.22 15:22:46 -05'00'