FBO_Version.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

USP Leavenworth, KS – Wastewater Treatment Service FY 2016

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (3), and Acquisition Guidance Document 06-006, the Federal Bureau of Prisons (BOP) has determined that the procurement of Wastewater Treatment services 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 1300 Metropolitan Avenue Leavenworth, Kansas 66048

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

This action is for the acquisition of Wastewater Treatment services at the USP Leavenworth located in Leavenworth, KS from the sole and only authorized provider of such services in the Leavenworth area.

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

USP Leavenworth requires 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 Kansas. Services shall be provided on a dependable and adequate daily basis (365) days per year. The City of Leavenworth Public Works Department will be responsible to maintain and/or repair all associated wastewater treatment 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 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.).

Wastewater Treatment services from October 1, 2015 through September 30, 2016 are subject to funds availability (FAR Clause 52.232-18). The services will be procured by way of purchase order. The estimated cost for Wastewater Treatment services during this period is $340,736.46.

Contract Line Item Number Performance Period Estimated Cost ($) CLIN 0001 - October 2015 10/01/15 – 10/31/2015 $ 25,614.25 CLIN 0002 – November 2015 11/01/15 – 11/30/2015 $ 27,529.94 CLIN 0003 - December 2015 12/01/15 – 12/31/2015 $ 37,666.24 CLIN 0004 – January 2016 01/01/16 – 01/31/2016 $ 32,776.41 CLIN 0005 - February 2016 02/01/16 – 02/29/2016 $ 39,748.98 CLIN 0006 – March 2016 03/01/16 – 03/31/2016 $ 26,427.83 CLIN 0007 – April 2016 04/01/16 – 04/30/2016 $ 26,695.10 CLIN 0008 – May 2016 05/01/16 – 05/31/2016 $ 20,435.11 CLIN 0009 - June 2016 06/01/16 – 06/30/2016 $ 19,766.67 CLIN 0010 – July 2016 07/01/16 – 07/31/2016 $ 28,965.74 CLIN 0011 - August 2016 08/01/16 – 08/31/2016 $ 27,506.47 CLIN 0012 – September 2016 09/01/16 – 09/30/2016 $ 27,603.70 Total Estimated Cost: $340,736.46

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 City of Leavenworth Public Works Department is the sole provider of Wastewater Treatment service in the Leavenworth, Kansas service area. In accordance with the Ordinance, the City of Leavenworth is the only authorized provider of Wastewater Treatment services in the area of Leavenworth, KS.

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 Leavenworth have been approved in the Ordinance and are considered fair and reasonable. No concerns have been raised by local Facilities or Contracting staff relating to price unreasonableness. Prices will be analyzed by the Facilities Manager with the assistance of the Contracting staff in accordance with F.A.R. 41.401 in order to ensure price reasonableness and accuracy.

8. Description of the Market Survey Conducted:

A market survey was conducted by researching the City of Leavenworth’s website (www.lvks.org) and prior knowledge of the history for this acquisition.

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

Due to the facts listed in Section 8, the market survey does not reveal that any other contractors would have the legal authority or financial capabilities to offer Wastewater Treatment service to USP Leavenworth, KS. The City of Leavenworth presents the most cost effective opportunity for Wastewater Treatment service to USP Leavenworth.

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 Wastewater Treatment service to meet the minimum requirements of the government, without introducing substantial costs increases by proposing capital improvements in order to meet those needs.

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

The BOP will continue to monitor the market trends, national, regional, and local laws in the utility industry that may create competition or sources which may be able to provide the minimum needs of the government and its wastewater treatment service for USP Leavenworth. Should opportunities arise in the future, the BOP will take appropriate action to ensure the most cost effective manner to acquire Wastewater Treatment service for USP Leavenworth.

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, SCS USP Leavenworth, KS

Darrell L. McKeel, Contracting Officer Field Acquisition Office

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:

Richard O’Donnell, Facility Manager

Concurrence of:

C. Maye, Warden

Approved by:

Jill D. Ryan, Chief Field Acquisition Office