Water_JOFOC_2017_FBO.pdf

FCC Victorville Water Utility Service 1 | P a g e

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Correctional Complex Victorville, CA – Water Utility Service

FY 2017

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (3), and the Bureau of Prisons Acquisition Policy (BPAP) 6.304 (c), the Federal Bureau of Prisons (BOP) has determined that the procurement of water utility services for the Federal Correctional Complex (FCC) located in Victorville, California 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 13777 Air Expressway Blvd.

Victorville, CA 92394

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

This action is for the acquisition of water utility services supplied to the Federal Correctional Complex located in Victorville, California, from the sole provider of such services in the Victorville area.

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

FCC Victorville 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 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 water 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 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.).

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Contract Line Item Number

Performance Period Estimated Cost ($)

Total Estimated Cost: $702,500.00

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 water utility service in the Victorville service area. The City of Victorville is authorized by city ordinance, as the sole authorized provider of water utility service in the Victorville area. FCC Victorville lies within the City of Victorville’s service territory, due to this fact; the FCC is required by ordinance to obtain water utility service from the City of Victorville. Currently, FCC Victorville water utility rates are reflected in the Victorville Water District Schedule of Rates, Fees, Charges, and Deposits. All rates are upheld and regulated by ordinance.

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). Market Research and acquisition history has demonstrated that the City of Victorville is the legally designated

FCC Victorville Water Utility Service 3 | P a g e exclusive provider of water utility services in the Victorville area. The City of Victorville requires all customers within their jurisdictional boundaries to utilize the City’s water distribution system.

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

As stated in the Schedule of Rates: Water District services are funded by rates, fees, charges and deposits. Pursuant to statutory requirements, these fees, charges and deposits are established so as to cover the cost of the requested service. Fees, charges and deposits are subject to the rules and regulations of the Victorville Water District (the “District”) including ordinances, resolutions, and municipal code as authorized by the Board of Directors or other applicable law. The Schedule of Rates’ prices will be analyzed by the the Facilities Manager with the assistance of the Contracting Officer in accordance with FAR 41.401 in order to ensure price reasonableness and accuracy for these services.

8. Description of the Market Survey Conducted:

Acquisition history has demonstrated that the City of Victorville is the only source with legal authority to provide water utility services in the Victorville area.

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The City of

Victorville’s legal authority to provide water utility services is sustained by City Ordinance through a Schedule of Rates.

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 water utility services 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 (Victorville Water District), 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:

Due to the presence of Ordinances which provide the City of Victorville (Victorville Water District) with the legal authority to provide water utility services to end users in their territory, no other sources are qualified to provide water utility services to FCC Victorville without the presentation of capital improvement and infrastructure costs.

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.

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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// 10/01/2016

Alicia Chandler, SCS Date FCC Victorville, CA

//Signed// 09/28/2016 Darrell L. McKeel, Contract Specialist 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:

//Signed// 10/01/2016 Brett Jurgensen, Facility Manager Date

Concurrence of:

//Signed// 10/01/2016

C. Entzel, Warden Date

//Signed// 09/30/2016

Jill D. Ryan, Chief Date Field Acquisition Office

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Loneryl Burns Date Acting Procurement Executive

Approved by:

Bradley T. Gross Date Assistant Director for Administration Competition Advocate