FAI_JOFOC_WW_FY19_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FCI Fairton, NJ – Wastewater Utility Services

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (3), and Bureau of Prisons Acquisition Policy 6.304 (b), the Federal Bureau of Prisons (BOP) has determined that the procurement of wastewater utility service for the Federal Correctional Institution located in Fairton, New Jersey, (FCI Fairton) meets the criteria established for other than full and open competition. It is further determined that only one responsible source and no other supplies and/or services will satisfy agency requirements. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons FCI Fairton 655 Fairton Millville Road Fairton, NJ 08320

2. Nature and/or Description of Action being Approved:

This action is for the acquisition of wastewater services to FCI Fairton located in Fairton, New Jersey, from the sole provider of such services in the Fairton area.

3. Description of Supplies or Services Required to Meet the Agency Needs:

Wastewater services for October 1, 2018, through September 30, 2019, are subject to funds availability (FAR Clause 52.232-18). The services will be procured by way of purchase order. The estimated average monthly usage for waste water is 5,230,675 gallons. The estimated average yearly cost for wastewater service is $351,976.00.

Contract Line Item Number Performance Period Estimated Cost ($)

CLIN 0001 10/01/2018 – 12/31/2018 $73,496.00

CLIN 0002 01/01/2019 – 03/31/2019 $84,016.00

CLIN 0003 04/01/2019 – 06/30/2019 $92,894.00

CLIN 0004 07/01/2019 – 09/30/2019 $101,570.00

Total Estimated Cost: $351,976.00

4. Statutory Authority Permitting Other Than Full and Open Competition:

41 U.S.C. 3304 (a) (1) and FAR 6.302-1 (b) (3) When acquiring utility services, circumstances may dictate that only one supplier can furnish the service or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

Cumberland County Utilities Authority is the sole provider of waste water service in the Fairton service area. Cumberland County Utilities is authorized by city ordinance, as the sole authorized provider for waste water services in the Fairton area. All rates are regulated by city ordinance.

6. Efforts Made to Solicit from as Many Sources as Practicable Including Whether or Not a Notice Was or Will be Publicized as Required by FAR Part 5.2:

As stated in FAR 5.202 (a) (5), “the proposed contract action is for utility services other than telecommunications services and only one source is available.” Therefore, a notice is not required in the Government wide point of entry.

7. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

The expected cost to the Government is fair and reasonable. This determination is based on the prices recently paid, and prices which are currently regulated by the Cumberland County Utilities Authority through the Rules and Regulations for Cumberland County Utilities Authority. The current rates offered by Cumberland County Utilities Authority are considered to be applicable to all users classified in various categories identified in the tariff. FAR 15.403-1 (c) (2) states “Prices set by law or regulation. Pronouncements in the form of periodic rulings, reviews, or similar actions of a governmental body, or embodied in the laws, are sufficient to set a price.” Cumberland County Utilities Authority has done such by the application and passing of their wastewater utility tariff for the provision of service to FCI Fairton located in Cumberland County. Monthly bills will be analyzed by the Facilities Manager, with the assistance of the Contract Specialist in accordance with FAR 41.401, in order to ensure price reasonableness and accuracy. The current rates offered by Cumberland County Utilities Authority are regulated by the Cumberland County Utilities Authority. Per the guidance provided by FAR for exceptions to cost and pricing data, in addition to, Cumberland County Utilities Authority regulation, the Contracting Officer has deemed these prices to be of a fair and reasonable nature.

8. Description of the Market Survey Conducted:

Market research revealed that Cumberland County Utilities Authority is the only licensed wastewater utility supplier capable of providing this service. FCI Fairton is located within Cumberland County Utilities Authority’s protected franchise area of Cumberland County.

Cumberland County Utilities Authority’s ability to function as such has been enabled by the passing of their wastewater utility tariff by the Cumberland County Utilities Authority.

9/13/2018 Digitally signed by ALFRED RAUSCHUBER DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=ALFRED RAUSCHUBER, 0.9.2342.19200300.100.1.1=15001000663620 Date: 2018.09.13 08:50:11 -05'00'