Fairpoint_JOFOC_FY19.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Telephone Utility Distribution Service

(a) Pursuant to Federal Acquisition Regulations (FAR) Part 6.302- 1(b)(3) and the Federal Bureau of Prisons (FBOP) Acquisition Guidance Document (AGD) 06-006, the FBOP has determined that the procurement of telecommunication distribution services for FCI Berlin located in Berlin, NH, 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:

(b)(1) IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

Department of Justice Federal Bureau of Prisons FCI Berlin 1 Success Loop Rd

Berlin, NH 03570

(b)(2) NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

This action is for the acquisition of telecommunication services supplied to FCI Berlin from the sole provider of such services. Pursuant to FAR Part 41 for a one year period, FY- 2019.

(b)(3) DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY NEEDS:

The contractor shall provide telecommunication distribution services for the period of October 01, 2018 through September 30, 2019. The total estimated amount for telephone utility service is $26,000.00.

(b)(4) AN IDENTIFICATION OF THE 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). When the supplies or services required by the agency are available from only one responsible source. The application which permits use of the cited statutory authority are stated at FAR Part 6.302-1(b)(3), “When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the services (see 41.202). Only one responsible source & no other supplies or services will satisfy agency requirement.”

(b)(5) A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

The contractor, Fairpoint Communications, is the sole provider of telecommunication services in the Berlin, NH service area.

(b)(6) A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

INCLUDING WHETHER OR NOT A NOTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY FAR SUBPART 5.2.

The government point of entry (GPE), www.fbo.gov., was not utilized due the fact that the contractor is the only one available.

(b)(7) A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer has determined that the estimated price of $26,000.00 for the period of FY-19 is fair and reasonable. The estimated price is consistent with what the Federal Bureau of Prisons has been paying for during the last fiscal year.

(b)(8) DESCRIPTION OF THE MARKET RESEARCH:

Market research was conducted in accordance with FAR Part 10 and to the extent commensurate with the urgency, established value, and complexity of the requirement. Fairpoint Communictions is the only telecommunication service company for the area of 1 Success Loop Road, Berlin, NH, 03570.

(b)(9) OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

The provision of telecommunication services is essential for the orderly operation of FCI Berlin.

(b)(10) A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN

WRITING, AN INTEREST IN THE ACQUISITION:

None.

(b)(11) A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

ANY SUBSEQUENT ACQUISITION FOR THE SERVICES REQUIRED:

None. Fairpoint Communications is the only distributor of telecommunication services in the FCI Berlin area.

12. CONTRACTING OFFICER'S CERTIFICATION THAT THE JUSTIFICATION IS

ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING

OFFICER'S KNOWLEDGE AND BELIEF:

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

Approved By:

____________________________________________10/2/2018____

Andre Bouchard Date Contracting Officer FCI Berlin