JOFOC_FBO_Version.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Water Utility Service – Federal Correctional Complex (FCC)

Terre Haute, IN- FY 2018

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (3), and Bureau of Prisons Acquisition Policy (BPAP) 6.304 (b), the Federal Bureau of Prisons (BOP) has determined that the procurement of water utility service for the Federal Correctional Complex (FCC) located in Terre Haute, IN , 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 4700 Bureau Road South Terre Haute, In. 47802

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

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

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

FCC Terre Haute 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 Indiana. Services shall be provided on a dependable and adequate daily basis (365) days per year. Indiana American Water Company 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 Terre Haute.

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.).

Acquisition of water utility services will be obligated from October 1, 2017 thru September 30, 2018. The services will be procured by way of purchase order.

FEDERAL BUREAU OF PRISONS – FCC TERRE HAUTE, IN

JOFOC – WATER UTILITY SERVICE

Contract Line Item Number Performance Period Estimated Cost ($)

Total Estimated Cost:

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:

Indiana American Water is the sole provider of these services in the Terre Haute service area. Indiana American Water Company is authorized by Indiana Utility Regulatory Commission (IURC) Under Tariff no S-20-A, as sole authorized provider of water utility service in the Terre Haute and Vigo County area. All rates are regulated by IURC, Terre Haute is located in Vigo 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:

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 Indiana American Water Co. are regulated by the Public Utility Commission of Indiana and substantiated by Indiana Code as referenced in Section

8-1-2-4 “Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any service rendered or to be rendered either directly or indirectly or in connection therewith shall be reasonable and just, and every unjust or unreasonable charge for such service is prohibited and declared unlawful”.

8. Description of the Market Survey Conducted:

The Contracting Officer researched the Utility Contracts list for General Services Administration and did not find a contract available for water utility services in the Terre Haute area. The Contracting Officer is also aware that FCC Terre Haute has a present and continuing need for water utility services.

A market survey was conducted by researching Indiana-American Water Company’s website to find tariffs and information to support the fact that the Indiana American Water Company is the sole provider of water utility service to FCC Terre Haute.

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, without the Government paying for infrastructure improvements, to offer water utility services to

FCC Terre Haute. The Indiana American Water Company presents the most cost effective opportunity for the water utility service for FCC Terre Haute, IN.

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

There were no other sources which expressed an interest in the acquisition or that would be able to provide water utility service to meet the minimum requirements of the government, without introducing substantial costs 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 Terre Haute will continue to monitor the market trends in the utility industry to seek competition or sources that may be able to meet the minimum needs of the FCC and its water utility requirements. Should opportunities arise in the future FCC Terre Haute will take appropriate action to compete 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.

Submitted by:

//SIGNED// 05/20/17

Charles Hawkins, Supervisory Contract Specialist Date FCC Terre Haute, IN

//SIGNED// 05/25/17

Darrell McKeel, Contract Specialist Date Field Acquisition Office

Technical or Requirement’s 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//____ _ __05/19/17_____

Howard Goldey, Facilities Manager Date FCC Terre Haute, IN

Concurrence of:

//SIGNED// 05/22/17

J.E. Krueger, Complex Warden Date FCC Terre Haute, IN

Approved by:

//SIGNED// 05/26/17

Jill D. Ryan, Chief Date Field Acquisition Office