A9_FBO_ALD_JOFOC_Water_FY16_3.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – WATER SERVICE

FEDERAL PRISON CAMP ALDERSON

ALDERSON, WEST VIRGINIA

Contractor: Town of Alderson

Period of Coverage: 10/1/2015 through 9/30/2016

Estimated Amount: $111,000.00

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Water Utility Service

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1(a)(1) and 6.302-1(b)(2), and the

Bureau of Prisons Acquisition Policy (BPAP) Acquisition Guidance Document 06-006, the Federal

Bureau of Prisons (FBOP) has determined that the procurement of water utility service for the Federal

Prison Camp (FPC) Alderson located near Alderson, WV, 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 in accordance with FAR Part 6.303-2:

(1) Identification of the Agency:

U.S. Department of Justice

Federal Bureau of Prisons

FPC Alderson

Box A, Glen Ray Road

Alderson, WV 24910

(2) Nature and/or description of action being approved:

This action is for the acquisition of water utility services supplied to FPC Alderson, from the sole provider of such services. FPC Alderson has a present and continuing requirement for water service for the proper operation of the facility.

(3) Description of supplies or services required to meet the agency needs:

The contractor shall provide water utility services for the period from October 1, 2015 through

September 30, 2016. The total estimated annual amount for water utility service is $111,000.00 for fiscal year (FY) 2016. This estimated value was based on past usage reports from paid obligations in the Accounting Department at FPC Alderson. The estimated monthly volume, based on FY-15 historical data, is 1,932,250 gallons per month. Average monthly cost, based on FY-15 historical data, is $9,233.32.

(4) An identification of the statutory authority permitting other than full and open competition:

This justification to award as a sole source is prepared pursuant to the exception to full and open competition requirements in accordance with the statutory authority for these services is found at 41

U.S.C. 253(c)(1), when the supplies or services required by the agency are available from only one responsible source. The application which permits use of the cited statutory authority are stated at FAR

Part 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).” When a public utility supplier refuses to execute a tendered contract the agency may proceed with the acquisition and pay for the utility service under the provision of 31 U.S.C. 1501(a)(8).

JOFOC FPC Alderson

Water Utility Services

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The Town of Alderson is the sole provider of water utility service in the Alderson, WV, service area.

The Town of Alderson is the governing body that sets all rates and tariffs with the responsibility of water utility service for the locale in which FPC Alderson resides. Since the Town of Alderson is an entity of the state of WV, and the only agent within the city limits, this requirement cannot be conveniently or economically obtained by contracting directly with a private source.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable including whether or not a notice was or will be publicized as required by FAR

Subpart. 5.2:

As stated in FAR Part 5.202, Exceptions to transmitting a notice to the Government Point of Entry(GPE) at (a)(5), the contracting officer need not submit a notice when “the proposed contract action is for utility services other than telecommunications services and only one source is available.” There are no U.S.

General Services Administration (GSA) area wide or single point contracts for water utility services in the FPC Alderson, WV, area at this time. The Town of Alderson, WV, is the local utility service for this requirement and the FPC Alderson, WV, is named in the current tariff on file with the Public

Service Commission of West Virginia.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The estimated cost for the water utility service is $111,000.00 for fiscal year 2016. The current rates offered by the Town of Alderson are documented in the current tariff recognized by the Public Service

Commission of West Virginia. The Town of Alderson has provided sufficient data to the FBOP contracting officer, pursuant to FAR 15.402, Pricing Policy, allowing the ability to make a preliminary determination that such anticipated costs appear to be fair and reasonable.

(8) A description of the market research conducted:

The Town of Alderson is the current water utility service provider for FPC Alderson and has serviced the facility via GSA single point contracts in the past, the last of which expired in December 2008. The market research conducted by the contracting officer and the Facilities Department staff determined that a GSA neither area-wide nor single point contract is currently available in accordance with Title 31 USC

1535. GSA is specifically authorized by law and regulation to purchase utility services on behalf of other agencies by providing an Assisted Acquisition. August 2010, in accordance with Title 40 USC

121(d), GSA issued the FBOP a Delegation of Authority for nationwide authority to negotiate and execute utility service contracts at Federal facilities under the control and direction of the FBOP in accordance with Title 40 USC 501 (b)(1)(B) for a 10 year period. There are no other known sources who can meet FPC Alderson’s requirement.

JOFOC FPC Alderson

Water Utility Services

(9) Any other facts supporting the use of other than full and open competition:

The provision of water utility services is essential for the orderly operation of FPC Alderson, which collectively houses 1200 inmates. The current rates offered by the Town of Alderson are documented in the current tariff recognized by the Public Service Commission of West Virginia.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

There were no other sources which expressed an interest in this acquisition.

(11) A statement of the actions, if any, the agency may take to remove or overcome barriers to competition before any subsequent acquisition for the supplies or services required:

None

(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, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify that this request is not the result of lack of advance planning or a desire to expend funds while those funds are still available.

//Signed// 8/7/2015

Dennis Dempsey, Contract Specialist Date

Field Acquisition Office

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// 8/11/2015

Donald Padgett, Facilities Manager Date

FPC Alderson

Approved:

//Signed// 8/25/2015

Al Rauschuber, Jr, Section Chief Date

Field Acquisition Office