MNA_JOFOC_WW_FY19_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Wastewater Utility Service FCI Marianna

Pursuant to Federal Acquisition Regulation (FAR) Subpart 6.302-1(a)(1) and 6.302-1 (b)(3), and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(b), the Federal Bureau of Prisons (FBOP) has determined that the procurement of wastewater service for the Federal Correctional Institution and Federal Prison Camp (FCI) Marianna, Florida, 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 Federal Correctional Institution Marianna 3625 FCI Road Marianna, Florida 32446

2. Description of action being approved:

This action is for the sole source acquisition of wastewater service for FCI Marianna located in Marianna, Florida, from the sole source supplier for that area, the City of Marianna.

3. Description of the services required to meet the agency needs:

The requirement is for wastewater utility service from October 1, 2018, through September 30, 2019, subject to funds availability (FAR Clause 52.232.18). The services will be procured by way of purchase order. The estimated annual cost for wastewater utility service is $375,000.00.

4. Statutory authority permitting Other Than Full and Open Competition:

The statutory authority for these services is found at 41 U.S.C. 3304 (a) (1). The exceptions which permit use of the cited statutory authority are stated at FAR Subpart 6.302-1 (b) (3), “Only one responsible source and no other supplies or services will satisfy agency requirements.” This section states that when acquiring utility services (see 41.101), circumstances may dictate that only one supplier can legally furnish the services (see 41.202).

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

FCI Marianna was recently annexed into the City Limits of Marianna, Florida. In so doing, the City of Marianna is the designated sole source supplier of wastewater utility service for FCI Marianna and rates are subject to Public Service Commission review and approval. The City of Marianna continues to offer the service to FCI Marianna at a discount afforded their most favored customer.

6. Efforts made to solicit from as many sources as practicable, including whether or not a Federal Business Opportunity (FedBizOpps) Notice was publicized:

As stated in FAR Part 5.202 (a) (5), “the contract action is for utility services other than telecommunications services and only one source is available.” Therefore, notice of this procurement action is not required to be published in FedBizOpps.

7. Contracting Officer’s determination that the cost to the Government will be fair and reasonable:

FCI Marianna shall continue to have available to it, the lowest applicable schedule under previous conditions of service. The Contracting Officer will periodically review rates and charges to ensure the price to the FBOP is fair and reasonable. The City of Marianna’s rates for utilities is regulated by the Public Service Commission.

8. Description of the Market Research conducted:

A market survey was not required because the wastewater utility service provider is a sole source franchise regulated by the Public Service Commission of Florida. The City of Marianna Public Service District’s published utility rates are subject to Public Service Commission review and approval.

9. Other facts supporting the use of other than full and open competition:

There is no GSA area wide contract for wastewater services. The City of Marianna is the designated sole source supplier of wastewater utility service for FCI Marianna and rates are subject to Public Service Commission review and approval. Given the sole source environment surrounding this requirement, the City of Marianna is still willing to negotiate a formal contract outside of the normal schedule approved by the Public Service Commission; however, the FBOP would no longer receive the 10% - 15% discount it now enjoys. Because of the rise in costs, it is not advantageous to enter into a long-term contract.

10. List of sources, expressing in writing, interest is the acquisition:

This is a sole source procurement excluding this criterion. Various communications have taken place between FBOP and the City of Marianna concerning the continued availability of wastewater utility service to FCI Marianna.

11. Actions taken by the agency to remove or overcome barriers to competition:

07/18/2018

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: 2018.07.18 12:03:16 -05'00'

CHARLES

DOGGETT

Digitally signed by CHARLES DOGGETT DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=CHARLES DOGGETT, 0.9.2342.19200300.100.1.1=15001000663439 Date: 2018.07.18 14:50:27 -05'00'