A16_JOFOC_1.pdf

FWS Form 3-0051 (Rev. 5/12/2021) U.S. Fish and Wildlife Service

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC) - OVER SAT

JOINT ADMINISTRATIVE OPERATIONS

Acquisitions Operations

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority identified in section 4 of this document. This template is required for actions over the Simplified Acquisition Threshold (SAT) (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

Instructions: The information in the text boxes are provided as sample language or to indicate a needed fill-in. Sample language should be removed from the final document. All text boxes require information and shall not be left blank.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)(4)).

(check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above SAT but below $7M)

41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

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

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

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

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

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

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

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

6. Description of Efforts Made to Maximize Competition (FAR 6.303-2(b)(6)).

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Program / Project Officer

13. Contracting Officer Certification and Approval: (All Values) FAR 6.304(a)(1)

Based on the above justification, I hereby certify that the circumstances of this contract action deem only one source reasonably available and approve the use of sole source acquisition procedures for this purchase.

Contracting Officer

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

12. Technical/Requirements Certification: FAR 6.303-2(c)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

14. Approval by Chief of Contracting Office (>SAT)

Based on the foregoing justification I hereby approve this procurement.

Chief of Contracting Office

15. Approval by Senior Chief of Contracting Office (>$700K)

Based on the foregoing justification I hereby approve this procurement.

Senior Chief of Contracting Office

16. Approval by Head of Contracting Activity (>$700K) FAR 6.304(a)(2)

Based on the foregoing justification I hereby approve this procurement.

17. Approval by Senior Procurement Executive (>$68M) FAR 6.304(a)(4)

Based on the foregoing justification I hereby approve this procurement.

Senior Procurement Executive

Head of Contracting Activity

Crab Orchard NWR is seeking a contract with the City of Marion, Il (the City), to supply water and sewer services to Refuge facilities and its tenants (General Dynamics and Marion Illinois Correctional Facility). To provide adequate water and sewer services, the City would need to install approximately 21,300 feet of sanitary sewer pipeline and 10,400 feet of force main and associated sewage system components, and 64,700 feet of water supply line and associated storage/ supply components. These utilities span externally from the Refuge buildings and facilities, General Dynamics, and Marion Illinois Correctional Facility to the Marion City Utilities Main Service Connections.

Text4: The City of Marion is uniquely qualified and is an authorized public utility to provide these services to Crab Orchard National Wildlife Refuge based upon the following:

-The City of Marion is a State of Illinois regulated public utility service.

-The Refuge is currently paying the City to take sewer waste.

-The Refuge is located in the City of Marion’s jurisdiction for water/ sewer. (Refuge has a Marion address).

-The Refuge is currently responsible for all associated maintenance and service of the water/sewer system. The City would agree to take over services in perpetuity if they were they were primary designer and installer of the water/sewer system. This contract would alleviate this responsibility.

Based on the results of market research, the government determined that a no other source is currently capable to provide these regulated utility services.

Text8: This contract is necessary as a critical mission requirement. The City of Marion possesses the statutory authority and expertise required to perform this requirement. This project is needed because the refuge does not currently meet state requirements for water treatment standards. The Refuge is unable to provide potable water to its tenants and visitors with the current system. The refuge does not have adequate water treatment to meet regulatory requirements. Public safety is an utmost priority to the Service, and we must ensure that visitors engaged in approved activities, including overnight camping, at a developed campground are doing so safely. In addition, the Refuge water system is necessary for fire suppression on the Refuge and for the Refuge tenants. This antiquated system has regular failures and leaks which can compromise the system’s ability to meet fire suppression needs. The updated system installed by the City of Marion will meet or exceed the fire suppression needs of the Refuge and its tenants. The Refuge also has a long-standing agreement with Marion Illinois Correctional Facility to provide a secondary water source for the prison. The new system would provide both primary and secondary water source for the prison. This would meet the Service’s required obligations as per our lease agreement.

The City would agree to take over services in perpetuity if they were they were primary designer and installer of the water/sewer system. The government would experience tremendous cost savings annually (25%-50% maintenance budget) if the City took over water/sewer. The City would be responsible for the O&M of the water/sewer line.