JFCEnglewood_-_FY_18_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Correctional Institution – Englewood, CO

Water & Wastewater Treatment Utility Services 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 6.304 (b), the Federal Bureau of Prisons (BOP) has determined that the procurement of water and wastewater treatment utility services for the Federal Correctional Institution located in Englewood, CO 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 – Englewood 9595 W. Quincy Ave.

Englewood, CO 80123

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

This justification for other than full and open competition is for the acquisition of water and wastewater treatment services for the Federal Correctional Institution located in Englewood, CO from the sole provider of such services in the Littleton area.

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

The Federal Correctional Institution requires water and 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 Colorado. All utility services shall be provided on a dependable and adequate daily basis (365) days per year. Lakehurst Water District will be responsible to maintain and/or repair all associated equipment lines for each utility service provided, including associated costs for such repair, up to the delivery/transport/receipt point or meters of FCI Englewood. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire utility service for each utility” (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 – FCI ENGLEWOOD, CO

JOFOC – WATER AND WASTEWATER TREATMENT SERVICES

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:

Lakehurst Water District is the sole provider of water and wastewater treatment utility services required by FCI Englewood and the Littleton utility service area. Lakehurst Water District has an approved City Ordinance. Lakehurst Water District is the sole authorized provider of water and wastewater treatment in the Littleton area. All rates are regulated city 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).

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

The current rates offered by Lakehurst Water District rates have been adopted by City Council for all residential, commercial, and industrial users that are geographically located within their service territory. The rates are considered fair and reasonable due to review and approval process from the City Council.

8. Description of the Market Survey Conducted:

The Contracting Officer reviewed the GSA Areawide Contract List and there are no current contract opportunities in the Littleton service area at this time. FCI Englewood has a present and continuing need for water and wastewater treatment utility services.

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

A GSA area-wide contract does not currently exist for water or wastewater treatment utility services in the Jefferson County area. FCI Englewood continues to have an ongoing need for these services and would not be able to operate the facility in an orderly fashion if services were interrupted or not provided.

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

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

FCI Englewood 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 its utility requirements. Should competitive opportunities arise in the future FCI Englewood will take appropriate action to procure those services in a manner which represents the best value to the government and in accordance with prevailing policy guidance.

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// 05/16/2017

Rachel Brown, Supervisory Contract Specialist Date

FCI Terminal Island, CA

//SIGNED// 06/08/2017

Darrell L. 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:

____________//SIGNED//_______________ ___05/16/2017_____

Steven Zerr, Facilities Manager Date

FCI Englewood, CO

Concurrence of:

//SIGNED// 05/19/2017

Debra Denham, Warden Date FCI Englewood, CO

Approved by:

//SIGNED// 06/09/2017

Al Rauschuber, Jr., Acting Chief Date Field Acquisition Office