JOFOC_17_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FCI Three Rivers, TX – Water Utility Service

FY 2017

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 (b), the Federal Bureau of Prisons (BOP) has determined that the procurement of Water Utility services for the Federal Correctional Institution (FCI) located in Three Rivers, TX 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 Highway 72 West Three Rivers, Texas 78071

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

This action is for the acquisition of water utility services at the FCI Three Rivers located in Three Rivers, TX from the sole and only authorized provider of water utility services in the Three Rivers area.

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

FCI Three Rivers 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 Texas, more specifically in the City of Three Rivers. Services shall be provided on a dependable and adequate daily basis (365) days per year. The City of Three Rivers will be responsible to maintain and/or repair all associated water utility pipelines and equipment, including associated costs for such repair, up to the delivery point or meter of FCI Three Rivers. 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 services from October 1, 2016 through September 30, 2017 are subject to funds availability (FAR Clause 52.232-18).

Contract Line Item Number Performance Period Estimated Cost ($)

CLIN 0001 $336,000.00

Total Estimated Cost: $336,000.00

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 Three Rivers is the sole provider of water utility service in the Three Rivers, Texas service area. The City is empowered with operational provision and authority under Texas Loc. Government Code Section 552.001 and 552.015 which substantiates the development of and implementation of Ordinance 2238. The City of Three Rivers is the only authorized provider of water utility services in the area of Three Rivers, TX.

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 Three Rivers 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 Three River’s website (www.threeriverstx.org) and prior knowledge of the history for this acquisition. The City of Three Rivers has verified they are the sole authorized provider of water utility service for FCI Three Rivers.

http://www.threeriverstx.org/ authorized and trained personnel to operate and maintain the water supply System.

Market Research has also revealed that the North American Industrial Classification System (NAICS) code for Water Supply and Irrigation Systems as 221310 with a size standard of $27.5M. The NAICS industry description for code 221310 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. Since the City of Three Rivers has and continues to demonstrate that they are engaged in the operation of such systems, code 221310 is applicable to 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 water utility service to FCI Three Rivers, TX. The City of Three Rivers, TX presents the most cost effective and fiscally responsible opportunity for the continued acquisition of water utility service to FCI Three Rivers, TX.

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

A Sources Sought Synopsis was posted to FedBizOpps to identify any sources which are capable of providing water utility services for FCI Three Rivers.

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 water utility service for FCI Three Rivers.

Should opportunities arise in the future; the BOP will take appropriate action to ensure the most cost effective manner to acquire Water Utility service for FCI Three Rivers.

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 09/22/16

Darrell McKeel, Contracting Officer Date Field Acquisition Officer

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 09/07/16

Chris Davis, Facility Manager Date FCI Three Rivers, TX

Concurrence of:

Signed 09/07/16

R. Hanson, Warden Date FCI Three Rivers, TX

Approved by:

Signed 09/23/16

Jill D. Ryan, Chief Date Field Acquisition Office