A9_FBO_BER_JOFOC_Natural_Gas_FY16.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – NATURAL GAS UTILITY SERVICE

FEDERAL CORRECTIONAL INSTITUTION BERLIN

BERLIN, NEW HAMPSHIRE

Contractor: Energy North Natural Gas, Inc.

Dba: Liberty Utilities

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

Estimated Amount: $495,000.00

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Natural Gas Utility Service

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1 (b) (3), and the

Bureau of Prisons Acquisition Guidance Document 06-006, the Federal Bureau of Prisons

(FBOP) has determined that the procurement of natural gas supply and delivery utility service for Fiscal Year 2016 (10/01/15 to 09/30/16) 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

FCI Berlin

1 Success Loop Rd

Berlin, NH 03570

2. Nature and/or description of action being approved:

This action is for the acquisition of natural gas supplied to FCI Berlin from the sole provider of such services.

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

The vendor will provide natural gas supply and distribution to FCI Berlin during

Fiscal Year 2016 (10/01/15 to 09/30/16).

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

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). Only one responsible source & no other supplies or services will satisfy agency requirements.”

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

The vendor, Energy North Natural Gas, Inc., dba: Liberty Utilities is the current provider of natural gas supply and distribution in the Berlin, NH, service area and is regulated by the New Hampshire Public Utility Commission.

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 and, if not, which exception under 5.202 applies:

FCI Berlin participated in a GSA/World Energy reverse auction for only the natural gas supply during the month of June, 2014. However, the auction did not produce desirable results, adequate price competition, was determined that the one bid would not be advantageous to the Bureau, and there is a reasonable basis to conclude that the minimum needs can only be satisfied by Liberty Utilities with the capabilities to provide both supply and distribution. 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.”

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

The Contracting Officer has determined that the estimated price of $495,000 for the period of FY 2016 is fair and reasonable. The estimate is based on historical data from the past year.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted:

Market research conducted in accordance with FAR Part 10 and to the extent commensurate with the urgency, established value, and complexity of the requirement. Liberty

Utility is the only utility company that provides both supply and delivery of natural gas in the area of 1 Success Loop Road, Berlin, NH, 03570.

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

The provision of Natural Gas utility services is essential for the orderly operation of FCI Berlin.

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

Santa Buckley Energy, Inc., provided a supply bid that was determine not advantageous to the Bureau and no other sources have ever 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:

At the present time, full and open competition is not available for the entire natural gas requirement. A GSA area-wide or single-point contract is currently not available, pursuant to FAR Part 41 at a reasonable price. Contracting staff continue to conduct appropriate market research to determine if sources capable of satisfying the agency’s requirement exist. FCI Berlin intends to participate in the next available GSA reverse auction for natural gas supply services.

12. CONTRACTING OFFICER’S CERTIFICATION THAT THE JUSTIFICATION IS

ACCUREATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER’S

KNOWLEDGE AND BELIEF:

I certify that the above justification is accurate and complete to the best of my knowledge and belief

//Signed// 8/21/2015

Dennis Dempsey Date

Contract Specialist

Field Acquisition Office

I 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// 8/3/2015

Jamey Kruskie Date

Facilities Manager

FCI Berlin

Concurrence:

//Signed// 8/4/2015

E.L. Tatum, Jr. Date

Warden

FCI Berlin

Approved:

//Signed//__________________________________8/21/2015__

Jill D. Ryan, Chief Date

Field Acquisition Office