AQMD JOFOC sanitized.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1(a)(2) and 6.302-1(b)(1)(i) the Federal Bureau of Prisons (BOP) has determined the procurement of air quality permits for the Federal Correctional Complex (FCC) located in Victorville, California meets the criteria established for other than full and open competition. It is further determined only one responsible source and no other supplies 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 Complex 13777 Air Expressway Blvd.

Victorville, CA 92394

2. Nature and Description of Action being Approved:

This action is for the acquisition of air quality permits supplied to the Federal Correctional Complex located in Victorville, California, from the sole provider of such services for FCC Victorville.

3. Description of Supplies or Services Required to Meet the Agency Needs:

The Contractor shall provide air quality permits to FCC Victorville. The permits will be procured by way of purchase order. The estimated cost is .

4. Statutory Authority Permitting Other Than Full and Open Competition:

41 U.S.C. 253(c)(1) and FAR 6.302-1(b)(1)(i)- When there is a reasonable basis to conclude the agency’s minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier then full and open competition is not required.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

The Mojave Desert Air Quality Management District (AQMD) is the only entity authorized to provide the required air quality permits to FCC Victorville. AQMD is authorized by city ordinance, as the sole authorized provider of the air quality permits in the Victorville area. All rates are regulated by city ordinance. This makes them the only responsible source to provide this service under FAR 6.302-1(a)(2).

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6. Efforts Made to Solicit from as Many Sources as Practicable Including Whether or Not a Notice Was or Will be Publicized as Required by FAR Part 5.2:

As stated in FAR 5.202(a)(4), Notice is not required to the Government wide point of entry (GPE) if “the proposed contract action is expressly authorized or required by statute to be made through another Government Agency…”. AQMD is the only available source authorized by the local government to provide the required permits.

7. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

The current rates offered by AQMD when compared to previous acquisitions are similar.

Prices will be analyzed by the Contracting Officer with the assistance of the Facilities Manager in accordance with FAR 41.401 in order to ensure price reasonableness and accuracy.

8. Description of the Market Survey Conducted:

The rates for the required air quality permits are published and regulated by the City of Victorville. No other entity was found to be authorized to issue the required air quality permits.

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

AQMD has the sole authority within the local government ordinances to provide the required air quality permits.

10. List of Sources, Expressing in Writing, Interest in the Acquisition:

There were no other sources authorized by local ordinances to issue the required air quality permits.

11. Actions Taken by the Agency to Remove or Overcome Barriers to Competition:

At present time, full and open completion is not available for this acquisition.

Contracting staff will continue to conduct appropriate market research to determine if other sources capable of satisfying the agency’s requirement are authorized to do so.

12. Contracting Officer’s Certification:

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

Submitted by:

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Date Armando Cardenas, Contract Specialist FCC Victorville