A9_FBO_MNA_JOFOC_Water_FY16.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – WATER UTILITY SERVICE

FEDERAL CORRECTIONAL INSTITUTION MARIANNA

MARIANNA, FLORIDA

Contractor: City of Marianna

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

Estimated Amount: $215,000.00

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

WATER UTILITY SERVICE FCI MARIANNA

Pursuant to Federal Acquisition Regulation (FAR) Subpart 6.302-1(a)(1) and 6.302-1 (b)(3), and the Bureau of Prisons Acquisition Policy (BPAP) Acquisition Guidance Document (AGD) 06-

006, the Federal Bureau of Prisons (FBOP) has determined that the procurement of water service for the Federal Correctional Institution and Federal Prison Camp (FCI) Marianna, Florida, 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:

1. Agency:

Department of Justice

Federal Bureau of Prisons

Federal Correctional Institution Marianna

3625 FCI Road

Marianna, Florida 32446

2. Description of action being approved:

This action is for the sole source acquisition of water utility service for FCI Marianna located in Marianna, Florida, from the sole source supplier for that area, the City of

Marianna.

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

The requirement is for water utility service 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 annual cost for water utility service is

$215,000.

4. 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). The exceptions which permit use of the cited statutory authority are stated at FAR Subpart

6.302-1 (b) (3), “Only one responsible source and no other supplies or services will satisfy agency requirements.” This section states that when acquiring utility services (see

41.101), circumstances may dictate that only one supplier can legally furnish the services

(see 41.202).

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

FCI Marianna was recently annexed into the City Limits of Marianna, Florida. In so doing, the City of Marianna is the designated sole source supplier of water utility service for FCI Marianna and rates are subject to Public Service Commission review and approval. The City of Marianna continues to offer the service to FCI Marianna at a discount afforded their most favored customer.

6. Efforts made to solicit from as many sources as practicable, including whether or not a Federal Business Opportunity (FedBizOpps) Notice was publicized:

As stated in FAR Part 5.202 (a) (5), “the contract action is for utility services other than telecommunications services and only one source is available.” Therefore, notice of this procurement action is not required to be published in FedBizOpps.

7. Contracting Officer’s determination that the cost to the Government will be fair and reasonable:

FCI Marianna shall continue to have available to it, the lowest applicable schedule under previous conditions of service. The Contracting Officer will periodically review rates and charges to ensure the price to the FBOP is fair and reasonable. The City of Marianna’s rates for utilities is regulated by the Public Service Commission.

8. Description of the Market Research conducted:

A market survey was not required because the water utility service provider is a sole source franchise regulated by the Public Service Commission of Florida. The City of

Marianna Public Service District’s published utility rates are subject to Public Service

Commission review and approval.

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

There is no GSA area wide contract for water services. The City of Marianna is the designated sole source supplier of water utility service for FCI Marianna and rates are subject to Public Service Commission review and approval. Given the sole source environment surrounding this requirement, the City of Marianna is still willing to negotiate a formal contract outside of the normal schedule approved by the Public Service

Commission. Because of the lengthy annexation process, a formal RCA package was not submitted in a timely manner due to not knowing whether or not the annexation would be approved. Failure to obtain these services would be injurious to the day-to-day operations of the institution.

10. List of sources, expressing in writing, interest is the acquisition:

This is a sole source procurement excluding this criteria. Various communications have taken place between FBOP and the City of Marianna concerning the continued availability of water utility service to FCI Marianna.

11. Actions taken by the agency to remove or overcome barriers to competition:

FCI Marianna contacted GSA to establish an area wide contract for water utility service but was advised that GSA does not contract for utilities services for the FBOP. FCI

Marianna will review this requirement on an annual basis to determine if alternate sources have become available, and if competition has become possible.

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 is 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// 9/1/2015

Dennis Dempsey, Contract Specialist Date

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// 8/21/2015

Todd Large, Facilities Manager Date

Concurrence:

//Signed// 8/31/2015

N. C. English, Warden Date

Approval:

//Signed// 9/3/2015

Jill D. Ryan, Chief Date

Field Acquisition Office