JOFOC_-_FCI_ERE_-__Water_Utility_JOFOC_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

120 Month Contract

Water Utility Service – FCI El Reno, OK

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 (c), the Federal Bureau of Prisons (BOP) has determined that the procurement of water service for the Federal Correctional Institution (FCI) located in El Reno, OK, 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:

U. S. Department of Justice Federal Bureau of Prisons Federal Correctional Institution 4205 Hwy 66 West El Reno, OK 73036

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

This justification for other than full and open competition is for the acquisition of water utility services provided to the Federal Correctional Institution (FCI) located in El Reno, OK, from the original and sole provider of such services. FCI El Reno has a present and continuing requirement for water utility service for the orderly operation of the facility and fulfillment of the agency mission.

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

FCI El Reno requires water utility services in a manner that is consistent with all applicable laws, rules, codes, industry standards, permits and regulations, promulgated by any and all governmental authorities having jurisdiction in the state of Oklahoma.

Services shall be provided on an un-interruptible daily basis (365) days per year.

The City of El Reno will be responsible to maintain and/or repair all associated water lines and equipment, including associated costs for such repair, from the delivery point or meter of FCI El Reno. Pursuant to Federal Acquisition Regulation (FAR) Part 41.202, the City of El Reno is required to provide the “entire water utility service” (i.e., standby or backup service through water tanks, quality assurance, system reliability, operation and maintenance, metering, billing, etc.)

Water utility services are required from the Effective Date of Award (EDOA) through 120 months from EDOA, subject to Funds Availability (F.A.R. Clause 52.232-18). The FBOP shall purchase water utility service defined as adequate supply to accommodate the water supply system designed specifically for receipt and use of water utility services from The City of El Reno in order to maintain daily operations of the FCI. The annual

FEDERAL BUREAU OF PRISONS – FCI EL RENO, OK

15B50718R00000001 – JOFOC - WATER SERVICE

dollar amount for water utility service will fluctuate as detailed below and reflected in the Independent Government Estimate for Solicitation 15B50718R00000001.

Contract Line Item Number

Performance Period Estimated Cost ($)

Total Estimated Cost:

**PP = Performance Period**

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

This justification for other than full and open competition 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 U.S.C. 3304 (a) (1), when the supplies or services required by the agency are available from only one source. The application which permits use of the cited statutory authority are stated at F.A.R. 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).

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

City of El Reno is the sole provider of water service for FCI El Reno and the El Reno service area. City of El Reno has an approved tariff/ordinance by the City Council of El Reno – Resolution No. 15-026.

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 (GPE). However, a Source Sought notice was posted to Federal Business Opportunities (FBO) to seek suppliers which may be able to meet the minimum requirements of the FCI by providing its water utility services.

No responses were received which could provide not the continuation of water service which is being requested through this acquisition.

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

The current rates offered by the City of El Reno have been approved by the Mayor and City Council, as well as, substantiated by the City’s Code of Ordinance. The fees that are approved by the City Council are implemented as applicable law for all users in the City of El Reno’s service area. Pursuant to FAR 15.403-1(c) (2), Prices set by law or regulation.

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. Market research of the city’s website and ordinance has provided sufficient data to the contracting officer to make a preliminary determination that such anticipated costs appear to be fair and reasonable. The City of El Reno has agreed to enter into a contract with the FCI El Reno.

8. Description of the Market Survey Conducted:

FCI El Reno has a present and continuing need for water utility services. FCI El Reno does not have an onsite water supply system; therefore, the need for water utility service has to be found and supplied by a contractor in the market. Market research has revealed the presence of City Ordinances which establish the City of El Reno as a legal, responsible, responsive, contractor with physical, mechanical, and operational capabilities to process the magnitude of service required by FCI El Reno. The City of El Reno has a water distribution system that is operational and currently meeting the daily demands of the FCI and the fulfillment of institution mission. Market Research has also revealed that the North American Industrial Classification System (NAICS) code for water utility service as

221310. The NAICS industry description for code 221310 has detailed that establishments with this code are primarily engaged in operating water treatment plants and/or operating water supply systems. The water supply system may include pumping stations, aqueducts, and/or distribution mains. The water may be used for drinking, irrigation, or other uses. Since the City of El Reno has demonstrated that they are engaged in the operation of such systems, code 221310 is applicable to this acquisition.

Also, a Sources Sought Synopsis was issued to discover any potential sources which may be able to satisfy the requirement of processing FCI El Reno’s water utility services. No responses were received.

9. Other Facts Supporting the Use of Other Than Full and Open Competition:

. Local Ordinances have been established designating the City of El Reno as the legal provider this service to various classes of users within their coverage area. A Source Sought Synopsis was issued to FBO to generate interest in this opportunity, as well as, to determine if any sources were capable of meeting this requirement. No responses were received.

10. List of Sources, Expressing in Writing, Interest in the Acquisition:

No responses were received from the submission of the Sources Sought Synopsis.

11. Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

Contracting and Requirements staff will continue to conduct appropriate market research to determine if sources capable of satisfying the agency’s requirement exist and to overcome competition barriers. Laws which support deregulation of this utility service are not available in the El Reno, Oklahoma water utility market. Contracting staff will continue to monitor the market trends and local ordinances in the water supply and distribution industry to seek competition or sources that may be able to meet the minimum needs of FCI El Reno and its water utility requirements. Should opportunities arise in the future the BOP will take appropriate action. Also, upon approval, the Contracting Officer fully intends to and will publish this Justification for Other Than Full and Open Competition to the Federal Business Opportunities website located at www.fbo.gov.

http://www.fbo.gov/

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 that the supporting data and information are accurate and complete to the best of my knowledge and belief.

//Signed// 03/02/18 Darrell McKeel, Contract Specialist Date Field Acquisition Office

Technical or Requirement’s Personnel Certification

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.

//Signed// 03/02/18 Mike Herrel, Facility Manager Date FCI El Reno, OK

Concurrence of:

//Signed// 03/05/18 B. Greilick, Warden Date FCI El Reno, OK

//Signed// 03/08/18 Al Rauschuber Jr., Chief Date

Field Acquisition Office

//Signed/ 03/19/18 Loneryl Burns Date Acting Procurement Executive

Approved:

//Signed// 03/20/18 Bradley T. Gross, Date Assistant Director for Administration Competition Advocate