JOFOC_Wastewater_Treatment_Services_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FCC Victorville, CA – Wastewater Treatment Utility Services

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 (c) , the Federal Bureau of Prisons (BOP) has determined that the procurement of wastewater treatment services for the Federal Correctional Complex (FCC) located in Victorville, CA, 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:

U. S. Department of Justice Federal Bureau of Prisons Federal Correctional Complex 13777 Air Expressway Boulevard Victorville, CA 92394

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

This action is for the acquisition of wastewater treatment services at FCC Victorville located in Victorville, CA, from the sole provider of such services in the area.

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

FCC Victorville 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 California. Services shall be provided on a dependable and adequate daily basis (365) days per year. The City of Victorville will be responsible to maintain and/or repair all associated wastewater pipelines and equipment, including associated costs for such repair, up to the delivery point or meter of FCC Victorville. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire waste water 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.).

FEDERAL BUREAU OF PRISONS – FCC VICTORVILLE, CA

JOFOC – WASTEWATER TREATMENT SERVICE

Contract Line Item Number

Performance Period Estimated Cost ($)

Total Estimated Cost: $1,007,000.00

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 Victorville is the sole provider of these services in the Victorville service area.

The City of Victorville is the only authorized provider of wastewater treatment services in the area of Victorville, CA with authority granted through ordinances which are voted on, approved and adopted as law. FCC Victorville lies within the City of Victorville’s service territory, due to this fact; the FCC is required by ordinance to obtain wastewater treatment utility service from the City of Victorville.

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:

As stated in the Ordinance: “The City shall prescribe, revise, and collect its sewer service unit rates by ordinance approved and authorized by two-thirds vote of the members of the city council”. Ordinance prices will be analyzed by the Facilities Manager with the assistance of the Supervisory Contract Specialist in accordance with FAR 41.401 in order to ensure price reasonableness and accuracy for these utility services.

8. Description of the Market Survey Conducted:

The City of Victorville’s legal authority to provide sewer treatment services is sustained by City Ordinance.

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

A Statement of Requirements suitable for full and open competition was developed for the acquisition of wastewater treatment service at FCC Victorville; however, the presence of City Ordinances, which present legal authority for adherence by all customers within the jurisdictional boundaries of the City of Victorville, prevent any other providers from participating in this acquisition without including capital improvement costs with an offer.

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

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

FCC Victorville will continue to monitor the local ordinances and industry trends to ensure that the most current information is available for competition opportunities. Should an opportunity become available that would be more advantageous to FCC Victorville for wastewater treatment services, the acquisition staff will take appropriate action to secure these services.

12. Contracting Officer’s Certification:

I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

//Signed// 10/01/2016

Alicia Chandler, Supervisory Contract Specialist Date FCC Victorville, CA

//Signed// 09/29/2016

Darrell McKeel, Contract Specialist Date

Field Acquisition Office

Technical or Requirements Personnel Certification

I hereby certify that the supporting data provided by the technical and requirements personnel which form the basis for this justification is complete and accurate to the best of my knowledge and belief.

//Signed// 10/01/2016

Brett Jurgensen, Facility Manager Date FCC Victorville, CA

Concurrence of:

//Signed// 10/01/2016

C. Entzel, Warden Date

FCC Victorville, CA

//Signed// 09/30/2016

Jill D. Ryan, Chief Date

Field Acquisition Office

Loneryl Burns Date Acting Procurement Executive

Approved by:

Bradley T. Gross Date Assistant Director for Administration Competition Advocate