Final_JOFOC_MLGW_(FY19).pdf

As prescribed by FAR 6.3 3/2018

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

FAR SUBPART 6.3

I recommend the use of other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

Internal Revenue Service (IRS), Southeast Area Procurement Office OS:PR:B:S:A

2. NATURE/DESCRIPTION OF THE ACTION BEING APPROVED:

New Order for Utility Services (Electrical, Gas, and Water) Type of Contract: Fixed Price Year of Funds to be Used: FY19

3. DESCRIPTION OF SUPPLIES OR SERVICES

The Internal Revenue Service (IRS), Office of AWSS, needs to purchase services for electrical power, natural gas, and water to the Memphis Internal Revenue Service Center (MIRSC) located at 5333 Getwell Rd. Memphis, TN 38118.

Period of Services – October 1, 2018 - September 30, 2019

4. REQUISITION NO.

5000039789

5. NAME(S) OF PROPOSED SOURCE(S)

MEMPHIS LIGHT, GAS AND WATER (MLGW) DIVISION

220 SOUTH MAIN ST.

MEMPHIS TN. 38103-3917

6. COST ESTIMATE

$3,417,634.00

CERTIFICATION OF TECHNICAL OR REQUIREMENTS PERSONNEL

I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

7. PROGRAM OFFICE

(Requiring Activity) (Name & Title)

(Signature)

(Phone No.)

(Date)

SMALL BUSINESS CERTIFICATION

I have reviewed this justification, including any attached documentation, if applicable,and concur / do not concur with the findings.

8. SMALL BUSINESS

SPECIALIST

(Name and Title)

S cialist

(Signature) (Phone No.) (Date)

PROCUREMENT OFFICE CERTIFICATION

> This requirement [ ] will, [ X ] will not, provide for a bridge contract I certify that this submission is accurate and complete to the best of my knowledge and belief. This certification will serve as approval, unless action exceeds $700K.

9. CONTRACTING OFFICER

(Name)

(Signature) (Phone No.) (Date)

Before requesting this procurement, state one statutory authority for this procurement to be conducted under “other than full and open competition” procedures. Provide narrative justification associated with the respective state authority in block number 17.

Camille D.

Pettway

Digitally signed by Camille D. Pettway Date: 2018.07.31 16:39:37 -04'00'

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L. 98-369)

(place “X” in appropriate box) 10.

X

41 U.S.C. 3304(a)(1), FAR 6.302-1– Only one responsible source; or brand name specification

11. 41 U.S.C. 3304(a)(2), FAR 6.302-2 – Unusual and compelling urgency

12. 41 U.S.C. 3304(a)(3), FAR 6.302-3 – Industrial mobilization, engineering, developmental, or research capability; or expert services

13. 41 U.S.C. 3304(a)(4), FAR 6.302-4 – International agreement

14. 41 U.S.C. 3304(a)(5), FAR 6.302-5 – Authorized or required by statute

15. 41 U.S.C. 3304(a)(6), FAR 6.302-6 – National Security

16. 41 U.S.C. 3304(a)(7), FAR 6.302-7 – Public Interest

17. JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

MLGW is a municipality owned utility that provides network electrical power, natural gas, and water for all of Shelby County. The MIRSC is located within the city limits of Memphis, TN, in Shelby County. MLGW is the only source to supply electrical power, natural gas, and water to the MIRSC site.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES.

Exception-FAR 5.202 (a) (5) The proposed contract action is for utility services other than telecommunications services and only one source is available.

C. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE.

The Government will pay for services based on the actual usage at the MLGW’s published rate(s).

D. DESCRIBE THE MARKET RESEARCH THAT WAS CONDUCTED AND THE RESULTS OF

THAT SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY

THIS REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.

Market Research was conducted by the Contract Specialist, and found MLGW is the only known supplier/source that provides utility services for the city/county of Memphis/Shelby.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JOFOC.

In addition to the Market Research that was conducted by the Contract Specialist, the Independent Government Cost Estimate (IGCG) was performed by the program office of the services cost estimate. The proposed contract action is for the supply of utility services (electric, gas and water). Therefore, no statement of work is required.

F. LIST SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

No sources expressed in writing an interest in the acquisition.

G. LIST THE ACTIONS THE BUREAU WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS

TO PROMOTE THE COMPETITION ON ANY SUBSEQUENT ACQUISITIONS FOR SIMILAR

SUPPLIES OR SERVICES.

Competition will be sought in the future if another supplier/source becomes available.

H. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR

THE EXPIRATION OF FUNDS.

This requirement does not result from lack of planning or the expiration of funds. The electrical power, natural gas and water are recurring needs supplied by only one source.

ADDITIONAL APPROVALS

O

VE

R $5

M

IL

LI

O

N

$6

M

IL

LI

O

N

18. BUREAU CHIEF

INFORMATION

OFFICER (for IT only) (Name & Title)

(Note: The Bureau CIO may delegate their authority for proposed contracts over $5 million, but not exceeding $13.5 million to the Associate Bureau CIO(s).)

[ ] APPROVE [ ]

DISAPPROVE

(Signature) (Phone No.)

(Date)

O

VE

R $7

,0

19. BUREAU COMPETITION

ADVOCATE (Name & Title)

[ X ] APPROVE

[ ] DISAPPROVE

(Signature) (Phone No.)

O

VE

R $1

3.

M

IL

LI

O

N

20. HEAD OF THE

PROCURING ACTIVITY

OR AUTHORIZED

DESIGNEE (Name & Title)

[ ] APPROVE

[ ] DISAPPROVE

(Signature) (Phone No.)

(Date)

O

VE

R $6

M

IL

LI

O N

21. TREASURY CHIEF

INFORMATION

OFFICER (for IT only) (Name & Title)

[ ] APPROVE

[ ] DISAPPROVE

(Signature) (Phone No.)

(Date)

O

VE

R $6

M

IL

LI

O N

22. SENIOR

PROCUREMENT

EXECUTIVE (Name & Title)

[ ] APPROVE

[ ] DISAPPROVE

(Signature) (Phone No.)

(Date)

NOTE: Each review must be preceded by lower level approval(s). e.g., over $68 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL.