FBO_Version.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Water Utility Service-USP Leavenworth, KS

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 (c), the Federal Bureau of Prisons (BOP) has determined that the procurement of water utility service for the United States Penitentiary (USP) located in Leavenworth, KS, 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 United States Penitentiary Leavenworth 1300 Metropolitan Avenue Leavenworth, Kansas 66048

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

This action is for the acquisition of water utility service to USP Leavenworth located in Leavenworth, KS, from the sole provider of such services in the Leavenworth area.

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

USP Leavenworth requires water 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 Kansas. Services shall be provided on a dependable and adequate daily basis (365) days per year. The Leavenworth Waterworks Department will be responsible to maintain and/or repair all associated water pipelines and equipment, including associated costs for such repair, up to the delivery point or meter of USP Leavenworth. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire water 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 utility service from October 1, 2015 thru September 30, 2016 is subject to funds availability (FAR Clause 52.232-18). The services will be procured by way of purchase order. The estimated yearly cost for water utility service is $500,009.31.

FEDERAL BUREAU OF PRISONS- USP LEAVENWORTH, KS

JOFOC- WATER UTILITY SERVICE

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Contract Line Item Number Performance Period Estimated Cost ($)

CLIN 0001 10/01/2015 - 10/31/2015 $42,098.87

CLIN 0002 11/01/2015 - 11/30/2015 $38,360.29

CLIN 0003 12/01/2015 – 12/31/2015 $46,398.36

CLIN 0004 01/01/2016 – 01/31/2016 $43,704.97

CLIN 0005 02/01/2016 – 02/29/2016 $40,380.01

CLIN 0006 03/01/2016 – 03/31/2016 $40,749.36

CLIN 0007 04/01/2016 – 04/30/2016 $41,378.12

CLIN 0008 05/01/2016 – 05/31/2016 $38,183.98

CLIN 0009 06/01/2016 – 06/30/2016 $40,078.75

CLIN 0010 07/01/2016 – 07/31/2016 $43,612.63

CLIN 0011 08/01/2016 – 08/31/2016 $43,919.37

CLIN 0012 09/01/2016 – 09/30/2016 $41,144.61

Total Estimated Cost: $500,009.31

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

41 U.S.C. 253 (c) (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 Leavenworth Waterworks Board is the sole provider of water utility usage service in the Leavenworth service area. The Leavenworth Waterworks Board is authorized by city ordinance, as the sole authorized provider of water utility service in the Leavenworth service area. All rates are regulated by city ordinance. The Leavenworth Code of Ordinances states, “No water lines or appurtenances shall be placed on any street or public grounds in the city unless a special permit therefor is obtained in this division”.

(See Division 2. – Water Lines, Sec 114-76). This authority permits the City of Leavenworth to lawfully be the sole provider of water utility service within the Leavenworth service area to include USP Leavenworth.

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).

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

The current rates offered by the City of Leavenworth are approved by the City Council through vote and become law for all users within the applicable service territory of the City of Leavenworth. In order to ensure price reasonableness, ordinance rates will be analyzed by the Supervisory Contract Specialist with the assistance of the Facilities Manager in accordance with FAR 41.401.

8. Description of the Market Survey Conducted:

USP Leavenworth has a present and continuing need for water utility services. USP Leavenworth does not have an onsite water supply system; therefore, the need for water utility service has to be found and supplied by a contractor in the local market.

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

The provision of water utility service is essential for the safe and orderly operation of USP Leavenworth Florence, which is designed to house over 1,900 inmates. Local ordinances have been established designating the City of Leavenworth as the only legal authority to provide this service to various classes of users within their coverage area.

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

There were no other sources which expressed an interest in this acquisition or that would be able to provide the water utility service to meet the minimum requirements of the government. No other responsible source expressed any interest in competing with the City of Leavenworth to provide water utility service to USP Leavenworth.

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.

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//

Amber Wolfington, Supervisory Contract Specialist USP Leavenworth, KS

Darrell McKeel, Contracting Officer Field Acquisition Office

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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//____________________

Richard O’Donnell, Facility Manager USP Leavenworth, KS

Concurrence of:

C. Maye, Warden USP Leavenworth

Jill D. Ryan, Chief Field Acquisition Office

____//SIGNED//_______________________

Paul M. Laird, Regional Director North Central Region

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_________//SIGNED//____________________

Matthew D. Nace, Procurement Executive

Administration Division

Approved by:

Bradley T. Gross, Assistant Director for Administration Division Competition Advocate