A9_FBO_LEW_JOFOC_WW_FY16.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – WASTEWATER SERVICE

UNITED STATES PENITENTIARY LEWISBURG

LEWISBURG, PENNSYLVANIA

Contractor: Kelly Township Municipal Authority (KTMA)

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

Estimated Amount: $382,645.15

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

The provision of sewer utility service is essential for the orderly operation of USP Lewisburg, which has a rated capacity to collectively house approximately

1,432 inmates. The institution consists of a high security United States

Penitentiary (USP), Satellite Camp and RDAP. Commonwealth regulations and limit the providers of this service to only one. Utility requirements do not require follow-on acquisition actions. Therefore, 6.302-1(a)(2)(ii) is not applicable.

In accordance with Title 31 USC § 6303 an executive agency shall use a procurement contract as the legal instrument reflecting a relationship between the United

States Government and a State, a local government, or other recipient.

(b) (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.

(b) (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 services required:

Contracting and requirement staff continue to conduct appropriate market research to determine if sources capable of satisfying the agency’s requirement exist and to overcome competition barriers. Deregulation laws are presently nonexistent and no alternative source of service is currently available. A review of FPDS-NG shows only the FBOP is issuing orders to Pennsylvania American Water for water utility requirements. USP Lewisburg is a consumer of services from the public utility. If another potential source emerges, the agency will assess whether competition for future requirements is feasible.

(b) (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, the supporting data and information are accurate and complete to the best of my knowledge and belief and 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 advanced planning or a desire to expend funds while those funds are still available.

//Signed// _9/14/2015____

Dennis Dempsey, Contract Specialist Date

Field Acquisition Office

(c) I hereby certify that the supporting data provided by the technical and requirements personnel which forms the basis for this justification is complete and accurate to the best of my knowledge and belief.

//Signed// 9/10/2015

Ken Neuhard, Facility Manager Date

USP Lewisburg

Concurrence:

//Signed// for 9/11/2015

David J. Ebbert, Warden Date

USP Lewisburg

Approved:

//Signed// 9/15/2015

Jill D. Ryan, Chief Date

Field Acquisition Office