JOFOC_GRE_Water_WWT_FY_19_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Water and Wastewater Treatment Utility Service

FCI Greenville, IL - FY 2019

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (3), and Bureau of Prisons Acquisition Policy 6.304 (a), the Federal Bureau of Prisons (BOP) has determined that the procurement of potable water and wastewater treatment services for FCI Greenville located in Greenville, 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 100 U.S. Hwy 40 & 4th Street Greenville, IL 62246

2. Nature and/or Description of Action being Approved:

This action is for the acquisition of water and wastewater treatment services to the FCI/FPC located in Greenville, Illinois, from the only responsible provider of such services in the Greenville area.

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

FCI Greenville requires water and wastewater treatment utility services in a manner that is consistent with all applicable laws, rules, codes, industry standards, permits and regulations, promulgated by any and all governmental authorities having jurisdiction in the State of Illinois, more specifically, the City of Greenville. Services shall be provided on a dependable and adequate daily basis (365) days per year. City of Greenville will be responsible to maintain and/or repair all associated water and wastewater treatment pipelines and equipment, including associated costs for such repair, up to the delivery point or meters of FCI Greenville. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire water and wastewater treatment utility service” (i.e., capacity, standby or backup service, transmission and/or distribution service, quality transportation, assurance, system reliability, system operation and maintenance, metering, billing, etc.).

Water and wastewater treatment utility service from April 1, 2019 thru June 30, 2019 is subject to funds availability (FAR Clause 52.232-18). The services will be procured by way of purchase order. The estimated cost for one quarter of water and wastewater treatment utility service is $ 214,906.37.

Contract Line Item Number Performance Period Estimated Cost ($) Water & Sewer – CLIN 0001 04/01/2019 - 06/30/2019 $ 214,906.37 Total Estimated Cost: $ 214,906.37

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

41 U.S.C. 3304 (a) (1) and FAR 6.302-1 (b) (3) When acquiring utility services, circumstances may dictate that only one supplier can furnish the service or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.

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

The City of Greenville is the only responsible provider of water and wastewater treatment service in the Greenville service area. The City of Greenville is authorized by city ordinance, as the only responsible and authorized provider water and wastewater treatment service in the Greenville area. All rates are regulated by city ordinance which are passed and adopted as law for all residential, commercial, and industrial users in the County of Bond.

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) (5), “the proposed contract action is for utility services other than telecommunications services and only one source is available.” Therefore, a notice is not required in the Government wide point of entry (GPE).

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

The current rates offered by the City of Greenville are approved by City Ordinance # 2707 and incorporated as law for all businesses and residents with the city limits. Prices will be analyzed by the Facilities Manager with the assistance of the Contracting Officer in accordance with F.A.R. 41.401 in order to ensure price reasonableness and accuracy in accordance with the most recent Ordinance.

8. Description of the Market Survey Conducted:

The market research conducted by the Contracting Office and the Facilities Department personnel determined that a GSA area wide contract is not available for water and wastewater treatment service in the Greenville, IL utilities market. By virtue of the City Ordinance and established regulations by the Illinois Commerce

Commission, the City of Greenville is the current legally authorized water and wastewater treatment utility service provider for FCI Greenville and has serviced the facility since dedication. Market Research has also revealed that the North American Industrial Classification System (NAICS) code for water utility service as 221310 with a size standard of $27.5M and the NAICS code for wastewater treatment and/or Sewage Treatment Facilities are 22320 with a size standard of $20.5M. The NAICS industry description for code 221310, “Water Supply and Irrigation Systems” has detailed that establishments with this code are primarily engaged in operating water treatment plants and/or operating water supply systems. The water supply system may include pumping stations, aqueducts, and/or distribution mains. The water may be used for drinking, irrigation, or other uses. The NAICS industry description for code 221320, “Wastewater/Sewage Treatment Facilities” has detailed that establishments with this code are primarily engaged in operating sewer systems or sewage treatment facilities that collect, treat, and dispose of waste. Since the City of Greenville has demonstrated that they are engaged in the operation of such systems, NAICS codes 221310 and 221320 are applicable to this acquisition.

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

Local ordinance limits the provider of these services to only the municipality. The City of Greenville is the only provider for water and wastewater treatment services in the immediate geographical area to the facility.

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

Various communications have taken place between the BOP and City of Greenville concerning the availability of water and wastewater treatment service to the FCI Greenville. A letter to determine if the City of Greenville would be willing to enter into a formal contract for the provision of water and sewer utility services to the Federal Correctional Institution, Greenville, IL was sent to the City of Greenville and a response has been received with the City written confirmation of their willingness to enter a contract with FCI Greenville.

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

The BOP will continue to monitor the market trends in the utility industry to seek competition or sources that may be able to meet the minimum needs of the government and its utility requirements. Should opportunities arise in the future the BOP will take appropriate action to ensure these services are competed and acquired in accordance with the Federal Acquisition Regulation.

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:

//Signed// 04/10/2019 Adam S. McCammack, SCS Date FCI Greenville, IL

Technical or Requirement’s Personnel 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 are accurate and complete to the best of my knowledge and belief:

_______//Signed//____________________ __04/10/2019___ David Gottshall, Facility Manager Date FCI Greenville, IL

Approved by:

//Signed 04/11/2019 Darrell McKeel, Contracting Officer Date Field Acquisition Office