Final_JOFOC_MLGW_(FY17).pdf

As prescribed by FAR 6.3 10/2015

JU STIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

FAR SUBPART 6.3

I recommend the use of other than full and open competition for the acquisition of the following

es. If this acquisition is to be made with only one source or a limited number of ions will be conducted with the indicated ro osed su lier s .

supplies or servic sources, negotiat

1. IDENTIFI CATION OF THE AGENCY AND CONTRACTING ACTIVITY:

2.

3.

Internal

NATURE/

NewOrde

DESCRIPTION OF THE ACTION BEING APPROVED:

r for Utility Services (Electrical, Gas, and Water) ontract: Fixed Price Type ofC

Year ofF unds to be Used: FY17

DESCRIP TION OF SUPPLIES OR SERVICES

Provide ele ctrical power, natural gas, and water to the Memphis Internal Revenue Service RSC) located at 5333 Getwell Rd. Memphis, TN 38118. Center (MI

Period ofS ervices - October 1, 2016 - Se tember 30, 2017

4. REQUISIT ION NO. 5. NAME(S) OF PROPOSED SOURCE(S)

6.

D-7-D9-24-DE-L33

COST ES TIMATE

09/30/2017

10/01/2016- $3,257,941.

MEMPHIS LIGHT, GAS AND WATER (MLGW) DIVISION

220 SOUTH MAIN ST.

MEMPHIS TN. 38103-3917

CERTIFICATION OF TECHNICAL OR REQUIREMENTS PERSONNEL

I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

7. PROGRAM OFFICE QjJD.1kl- (Phone No.) (Date) (Requiring Activity) (Name &

IC{zs/6 Title)

Derrell D. Hart Sr.

SENIOR BUILDING 901-546-2229

MANAGEMENT SPECIALIST

SMALL BUSINESS CERTIFICATION

I have reviewed this justification, including any attached documentation, if applicable, and concur D I D do not concur with the findings.

8. SMALL BUSINESS (Signature) (Phone No.) (Date)

SPECIALIST

(Name and Title) Sandra D.

Digitally signed by Sandra D. Dubose ON: c=US, o=U5. Government.

ou=Department of the Treasury, ou=lntemal Revenue Service, 07/13/2016 Dubose ou=People,seria1Number:332694, Sandra D. Dubose cn=Sandra 0. Dubose 470-719-6505 Date: 2016.07.13 08:49"36 -{)4.'00'

Small Business Specialist

PROCUREMENT OFFICE CERTIFICATION

> This requirement [ ] will, [X ] will not, provide for a bridge contract

I certify that this submission is accurate and complete to the best of my knowledge and belief. This certification will serve as ap roval, unless action exceeds $700K.

9. CONTRACTING OFFICER (Signature) (Phone No.) (Date) (Name)

ON:c=US, oz.-U.S. Government, Caml.lle D. o;9;""'"'""'b,c.m;u,o."ttw"

Camille D. Pettway ::=!:"'..="!:::~::"'·"'·~·""'' 470-719-6514 07/13/2016 Pettway sefiiiiNum~1 2131,cn=CamiHeD.Pettway

Contractin Officer 0"~ 20'6·"·""""''6 ""'"" Before requesting this procurement, state one statutory authority for this procurement to be conducted under "other than full and open competition" procedures. Provide narrative justification associated with the res ective state authorit in block number 17.

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.l:. 98-369) h jace "X" in appropriate box)

.o. 41 U.S.C. 3304(a)(1), FAR 6.302-1- Only one responsible source; or brand name X specification

11. 41 U.S.C. 3304(a)(2), FAR 6.302-2- Unusual and compelling urgency

12. 41 U.S.C. 3304(a)(3), FAR 6.302-3 -Industrial mobilization, engineering, developmental, or research capability; or expert services

13. 41 U.S.C. 3304(a)(4), FAR 6.302-4 -International agreement

14. 41 U.S.C. 3304(a)(5), FAR 6.302-5 -Authorized or required by statute

15. ) 41 U.S.C. 3304(a)(6), FAR 6.302-6- National Security

16. 41 U.S.C. 3304(a)(7), FAR 6.302-7 -Public Interest

17.JUSTIFICATION (ADD PAGES IF NEEDED)

·, •. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

MLGW is a municipality owned utility that provides network electrical power, natural gas, and water for all of Shelby County. The MIRSC is located within the city limits of Memphis, TN, in Shelby County. MLGW is the only source to supply electrical power, natural gas, and water to the MIRSC site.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES.

Exception-FAR 5.202 (a) (5) The proposed contract action is for utility services other than telecommunications services and only one source is available.

C. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE.

The Government will pay for services based on the actual usage at the MLGW's published rate(s).

D. DESCRIBE THE MARKET RESEARCH THAT WAS CONDUCTED AND THE RESULTS OF

THAT SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY

THIS REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.~

Market Research was conducted by the Contract Specialist, and found MLGW is the only knovv supplier/source that provides utility services for the city/county of Memphis/Shelby.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JOFOC.

In addition to the Market Research was conducted by the Contract Specialist, and found · MLGW is the only know supplier/source that provides utility services for the city/county of Memphis/Shelby, the Independent Government Cost Estimate (IGCG) was performed by the program office of the services cost estimate. The proposed contract action is for the supply of utility services (electric, gas and water). Therefore, no statement of work is required.

F. LIST SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

No sources expressed in writing an interest in the acquisition.

G. LIST THE ACTIONS THE BUREAU WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS

TO PROMOTE THE COMPETITION ON ANY SUBSEQUENT ACQUISITIONS FOR SIMILAR

SUPPLIES OR SERVICES.

Competition will be sought in the future if another supplier/source becomes available.

H. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR

THE EXPIRATION OF FUNDS.

This requirement does not result from lack of planning or the expiration of funds.

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ADDITIONAL APPROVALS

18. BUREAU COMPETITION [ ] APPROVE (Signature)

ADVOCATE (Name & Title) [ ] DISAPPROVE rx:

w

19. HEAD OF THE []APPROVE (Signature) z PROCURING ACTIVITY ::::i OR AUTHORIZED [ ] DISAPPROVE ...J DESIGNEE (Name & :E It) Title) M rx:

w

20.SENIOR [ ] APPROVE (Signature) PROCUREMENT z EXECUTIVE (Name & [ ] DISAPPROVE 0 __ :::i Title) iD rx:

w

(Phone No.)

(Date)

(Phone No.)

(Date)

(Phone No.)

(Date)

NOTE: Each review must be preceded by lower level approval(s). e.g., over $68 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL.

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CONTROL NO. OM 2016-23

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BRENDA J. BOBBITT

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(202) 578-0574

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