FCC_THX_WWT_2018_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Wastewater Treatment Utility Service – Federal Correctional Complex

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 (c), the Federal Bureau of Prisons (BOP) has determined that the procurement of wastewater treatment utility service for the Federal Correctional Complex 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 wastewater treatment utility services supplied to the Federal Correctional Complex located in Terre Haute, IN from the sole provider of such services in the Terre Haute area. Services are being requested to treat sewage and solid waste services of an estimated 391,000,000 million gallons per year from the FCC located in Terre Haute, IN and transferred to the wastewater treatment plant for processing by the City of Terre Haute.

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

FCC Terre Haute 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 Indiana. Services shall be provided on a dependable and adequate daily basis (365) days per year. The City of Terre Haute will be responsible to maintain and/or repair all associated wastewater treatment 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 wastewater 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.).

Acquisition of wastewater treatment 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 – WASTEWATER TREATMENT 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:

The City of Terre Haute is the sole provider of these services in the Terre Haute service area. City of Terre Haute is authorized by City Ordinance, as the sole authorized provider of these services in the Terre Haute area. All rates are regulated by 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 the City of Terre Haute 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”. 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.

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 wastewater treatment utility services in the Terre Haute area. The Contracting Officer is also aware that FCC Terre Haute has a present and continuing need for wastewater treatment utility services.

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 wastewater treatment utility services to FCC Terre Haute. The City of Terre Haute presents the most cost effective opportunity for the treatment of wastewater utility services 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 wastewater treatment 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 wastewater treatment 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// 05/19/17

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

//SIGNED// 06/01/17

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// _ _05/20/17____

Howard Goldey, Facilities Manager Date FCC Terre Haute, IN

Concurrence of:

//SIGNED// 05/22/17

J.E. Krueger, Complex Warden Date Terre Haute Correctional Complex

//SIGNED// 06/02/17

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

_____//SIGNED//_________ __06/08/17_______

Loneryl Burns Date Acting Procurement Executive

Approved by:

_____//SIGNED//_____________ __06/08/17___

Bradley T. Gross, Date Assistant Director For Administration Competition Advocate