JA Eagleton Steam 2023 08 23.pdf

PDF 701 KB Posted Sep 18, 2023

Attached to: Utility steam services at the Thomas F. Eagleton Courthouse in St. Louis, MO Federal contract opportunity
Solicitation number: 47PG0123C0001
Issued by: General Services Administration Public Buildings Service Region 6

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Written by GovTribe AI · Dec 21, 2023

This document is a justification for other than full and open competition to award a 10-year fixed price contract with economic price adjustments for steam utility services at the Thomas F. Eagleton Courthouse in St. Louis, Missouri. The General Services Administration seeks to continue steam services from the sole provider, Ashley Energy LLC, which provides regulated tariff-based steam to the entire St. Louis metro area. The estimated total value of the contract is $5,634,867 to be paid monthly based on actual steam usage from October 2023 through September 2033. As there are no alternative steam providers, this qualifies as a sole source procurement as defined in FAR 6.302-1.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

STEAM SERVICE

FOR

THE THOMAS F. EAGLETON COURTHOUSE, ST. LOUIS, MISSOURI

I. CONTRACTING AGENCY:

General Services Administration, Public Buildings Service, Acquisition Management Division, Services

Acquisition Branch (6P1QC), 2300 Main St, Kansas City, Missouri.

II. DESCRIPTION OF ACTION

This justification for Other than Full and Open Competition is to award a fixed price contract with economic price adjustments for a 10-year period of performance for steam services at the Thomas

F. Eagleton Courthouse to Ashley Energy LLC, 1 Ashley Place, Saint Louis, Missouri. Payments will be made monthly and based upon regulated tariffs and rates. Ashley Energy LLC is the sole provider of utility steam services for the St. Louis metro area. The Government estimated total dollar value of the procurement is $5,634,867.00.

III. DESCRIPTION OF SUPPLIES/SERVICES

The General Services Administration has determined a continued need for steam service for the

Thomas F. Eagleton Courthouse, S. 10th Street, St. Louis, MO, 63102. The current contract with

Ashely Energy LLC for this same service will expire September 30, 2023.

This new requirement is necessary for the continuity of services and is anticipated to commence

October 1, 2023, through September 30, 2033.

The contractor shall provide all management, supervision, manpower, equipment, and supplies necessary to provide steam service in accordance with the contract requirements and industry regulation standards for this locale.

IV. STATUTORY AUTHORITY

The authority to award this contract is in accordance with 41 U.S.C. 253 (c)(1), as implemented by

Federal Acquisition Regulation, Part 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition of steam utility services directly correlates to the application discussed in FAR 6.302-1(b)(3). This J&A will be posted on SAM.gov.

V. Applicability of Authority:

FAR 6.302-1 provides for less than full and open competition for when the supplies or services required by the agency are available from only one responsible source, and not other type of supplies or services will satisfy agency requirements. It elaborates further that this authority may be applicable when unique supplies or services are available from only one or a limited number of

DocuSign Envelope ID: D2C9F20C-D809-4EAE-9480-543BB82B0AAFDocuSign Envelope ID: B4AE91AE-F9B7-4435-A6B0-5FBDF1AB6B91DocuSign Envelope ID: 986A0C6B-44C0-4502-88BA-23751548205BDocuSign Envelope ID: 27FCEC98-C053-4AE3-99B7-5573E1EF41C1DocuSign Envelope ID: 2AFBF31A-17E0-4DFF-A45D-6F33CBEDAFE2 sources with unique capabilities. It further states that when acquiring utility services, circumstances may dictate that only one supplier can furnish the service.

Ashley Energy LLC is the only known source capable of providing the requested steam services at the

Thomas F. Eagleton Courthouse. Since they do not possess a GSA area-wide contract to acquire these services under, a separate contract in accordance with FAR 41.205 will be awarded. They are the sole provider of steam services in the St. Louis, MO area. Therefore, pursuant to FAR 6.302-

1(b)(3), this procurement will be a sole source with Ashley Energy LLC.

VI. EFFORTS TO OBTAIN COMPETITION:

This is a sole source acquisition since there are no other steam providers in the St. Louis area.

Therefore, no effort for competition will be sought for this procurement.

VII. FAIR AND REASONABLE COSTS:

Prices have not been established or set for steam in the servicing areas. No rate schedule is available as prices fluctuate on a monthly basis in accordance with the price of steam. The Government will be billed for the exact amount of steam used during a particular month at the Thomas F. Eagleton

Courthouse. Since steam service is offered to the general public, its is considered a commercial item.

The Government will obtain the same rate as is available to the public for this service. Since Ashley

Energy LLC is unable to provide either forward pricing or a rate schedule, the Government was required to utilize past usage to develop the 10-year estimated contract price. The estimated price will be the price awarded to the contractor for steam services, but the contract price will allow for any upward or downward revision of the stated contract price as experienced in the steam market as a result of the contract type (fixed price with economic price adjustments). Therefore, the

Government will only pay for the exact amount of steam utilized on a monthly basis.

VIII. MARKET RESEARCH:

The Government thoroughly reviewed the GSA Area-wide Contracts listing for possible sources capable of providing steam services in the requested location. However, no sources were available.

The Federal Supply Schedule was also searched for possible vendors, and that search rendered zero results. The Government confirmed with the vendor and on-site building manager that Ashley

Energy LLC was the sole provider of steam in the area. Therefore, no other source was available to the Government to provide such service.

IX. OTHER FACTS:

The previous contract was awarded to Ashley Energy LLC (previously named Trigen-St. Louis Energy

Corporation) for steam services at the Thomas F. Eagleton Courthouse. It was a 10-year contract with a six-month extension that will expire September 30, 2023.

X. INTERESTED SOURCES:

See Paragraph VI Above.

XI. STEPS TO FOSTER COMPETITION:

In future acquisitions, the Government will survey the marketplace to determine if any other organization can offer steam services in this area. If the Government becomes aware of a vendor interested in performing these services, the Government will consider the vendor for future award if the contractor is deemed to be a responsible and competent source. Currently, no other source is available in the marketplace.

XII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidence by the signature below the technical/requirements personnel hereby certify that any supporting data contained herein, which is their responsibility, is both accurate and complete.

X Technical/Requirements Personnel's Certific...

Jonathan Stretch

XIII. CONTRACTING OFFICER’S CERTIFICATION:

The Contracting Officer’s signature below signifies that he has determined this document to be both accurate and complete to the best of his knowledge and belief.

X Contracting Officer:

Edwin M. Allen

APPROVALS:

Services Acquisition Branch Chief:

Cole White

Acquisition Management Division Director:

Terrance Cowley

Acquisition Programs & Quality Assurance

Branch Chief: Crystal Martin

Region 6 Legal Counsel:

Jeffry Young

Competition Advocate:

Shellie Gill

File details come from the government source that posted it. Updated Sep 18, 2023.