A9_FBO_DEV_JOFOC_Electric_FY16.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – ELECTRIC UTILITY SERVICE

FEDERAL MEDICAL CENTER DEVENS

AYER, MASSACHUSETTS

Contractor: MDFA

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

Amount: $1,239,717.89

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

ELECTRIC UTILITY SERVICES

FMC DEVENS

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

Bureau of Prisons Acquisition Policy (BPAP) Part 6.304 (c), the Federal Bureau of Prisons (FBOP) has determined that the procurement of electric utility services for the Federal Medical Center (FMC) Devens located near Ayer, MA 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:

Department of Justice

Federal Bureau of Prisons

Federal Medical Center Devens

42 Patton Road

PO Box 880

Ayer, MA 01432

2. Nature and/or Description of Action Being Approved:

This justification for other than full and open competition action is for the acquisition of electric utility services supplied to the FMC Devens, MA from the sole provider of such services in the Devens, MA area. FMC Devens has a present and continuing requirement for electric utility service for the proper operation of the facility.

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

The Massachusetts Development Finance Agency (MDFA) shall provide to the government facility at

FMC Devens, electric utility services in a manner and form that is consistent with all applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all governmental authorities having jurisdiction. The MDFA shall provide services on an un-interruptible daily basis

(365) days per year. The MDFA will be responsible to maintain and/or repair all associated electric lines and equipment, including associated costs for such repair, up to the delivery point or meter of

FMC Devens. Pursuant to FAR Part 41.202, the MDFA continues to provide the “entire electric utility service” (i.e., transmission, distribution, system operation and maintenance, metering, billing, etc.).

The service required is transportation and related services for electric utility services from October 1, 2015 through September 30, 2016, subject to funds availability (FAR Clause 52.232-18). The services will be procured by way of purchase order. The estimated cost for the supply and transportation of the utility is as follows: Electric: $1,239,717.89.

Contract Line Item Number Performance Period Estimated Annual Cost ($)

CLIN 0001 October, 2015 – September, 2016 $1,239,717.89

Total Estimated Cost: $1,239,717.89

JOFOC FMC Devens

Electric Utility Service

Recommendation: The Government contemplates the single award of a firm-fixed price requirements type electric utility service purchase order resulting from this requirement.

Comments: The conclusions from this market research will be incorporated into the document for providing Electric Utility Service for FMC Devens.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

The provision of electric utility service is essential for the orderly operation of FMC Devens, which has a rated capacity to collectively house approximately 1100 inmates. State regulations and local ordinances limit the source of this service to only one provider.

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

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

11. A Statement of the Actions Taken by the Agency to Remove or Overcome Barriers to

Competition:

At this time, full and open competition is not available for this requisition. If opportunities arise in the future the FBOP will take appropriate action to satisfy the agency’s requirement.

12. CONTRACTING OFFICER CERTIFICATION:

I hereby certify that this request for Justification and Approval of other than Full and Open

Competition is made in good-faith and 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 desire to expend funds while those funds are still available.

//Signed// 7/28/2015

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.

Jason Cox, Facilities Manager Date

FMC Devens

JOFOC FMC Devens

Electric Utility Service

Concurrence of:

J. Grondolsky, Warden Date

FMC Devens

//Signed// 7/30/2015

Jill D. Ryan, Chief Date

Field Acquisition Office

//Signed// 7/31/2015

J. L. Norwood, Regional Director Date

Northeast Regional Office

//Signed// 8/12/2015

Matthew D. Nace, Procurement Executive Date

Administration Division

//Signed// for 8/14/2015

W. F. Dalius, Jr., Date

Assistant Director for Administration

Approved:

//Signed// 8/14/2015

Denise M. Class, Senior Deputy Assistant Director Date

Administration Division / Competition Advocate