JOFOC_-_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Correctional Complex(FCC) – Tucson, Arizona

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 water services for the Federal Correctional Complex (FCC) located in Tucson, Arizona 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 Complex 9300 S. Wilmot Road Tucson, AZ 85756

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

This action is for the acquisition of water services at the Federal Correctional Complex located in Tucson, Arizona from the sole provider of such services in the Tucson area.

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

Water services from April 16, 2015 through September 30, 2015 are subject to funds availability (FAR Clause 52.232-18). The services will be procured by way of purchase order. The estimated daily water service is 390,655 gallons which corresponds to an estimated monthly cost of $42,000.00 for this service.

Contract Line Item Number Performance Period Estimated Cost ($) CLIN 0001 – April 2015 April 16-30, 2015 $21,000.00 CLIN 0002 – May 2015 May 1-31, 2015 $42,000.00 CLIN 0003- June 2015 June 1-30, 2015 $42,000.00 CLIN 0004 – July 2015 July 1-31, 2015 $42,000.00 CLIN 0005 – August 2015 August 1-31, 2015 $42,000.00 CLIN 0006 – September 2015 September 1-30, 2015 $42,000.00 Total Estimated Cost: $231,000.00

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 Tucson is the sole provider of water service in the Tucson service area. All rates are regulated by city ordinance and as shown on the included map, the City of Tucson is located in Pima County.

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:

A sources sought notice was posted on Federal Business Opportunities on August 25, 2014 under RFQP06151400033.The response date was September 15, 2014. This contracting officer received no responses.

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

The current rates offered by the City of Tucson have been approved by City Ordinance and implemented as law for all classes of customers within their area of coverage. Prices will be analyzed by the Contracting Officer with the assistance of the Facilities Manager in accordance with F.A.R. 41.401 in order to ensure price reasonableness and accuracy during the billing period.

8. Description of the Market Survey Conducted:

A market survey was conducted by researching the Pima County website to find ordinances establishing the City of Tucson as the sole provider of water service. The FCC’s existing pipe infrastructure is already connected to the City of Tucson’s water supply stations, offering the most efficient and cost effective opportunity for the government to continue receiving water services. The City of Tucson has been granted franchise and public utility authority by the Constitution and the laws of the State of Arizona.

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 water services to FCC Tucson. The City of Tucson presents the most cost effective opportunity for the water services for FCC Tucson.

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

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

FCC Tucson will continue to monitor the market trends in the water utility industry to seek competition or sources that may be able to meet the minimum needs of the government and its water requirements for FCC Tucson. Should opportunities arise in the future the BOP will take appropriate action to ensure the most cost effective water services are obtained for FCC Tucson. A RCA package was sent to the Field Acquisition Office on November 21, 2014 to establish a 10 year contract. The contract has not yet been awarded. Current contract expires on April 15, 2015.

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:

//S// 04/06/15 Dennis Vroegh, Senior Contract Specialist Date FCC Tucson

//S// 04/09/15 Darrell McKeel, Contracting Officer Date 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:

//S// 04/06/15 Chad Schickel, Facility Manager Date

Concurrence of:

//S// 04/07/15 J.T. Shartle, Complex Warden Date

Approved by:

//S// 04/10/15 Jill Ryan, Chief, Date Field Acquisition Office