AUSP_TOM_PP_2018_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Administrative United States Penitentiary (AUSP)_- Thomson, IL

Electric Utility Service – 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 (c), the Federal Bureau of Prisons (BOP) has determined that the procurement of electric service for the Administrative United States Penitentiary (AUSP) located in Thomson, Illinois 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 Administrative United States Penitentiary (AUSP) 1100 One Mile Road Thomson, IL 61285

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

This justification for other than full and open competition is for the acquisition of electric utility services provided to the AUSP located in Thomson, IL, from the original and sole provider of such services. AUSP Thomson has a present and continuing requirement for electric utility service for the orderly operation of the facility from the sole provider of such services for Carroll County, Illinois.

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

AUSP Thomson requires electric 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 Illinois.

Services shall be provided on a dependable and adequate daily basis (365) days per year.

The Jo-Carroll Energy will be responsible to maintain and/or repair all associated electrical lines and equipment, including associated costs for such repair, up to the delivery point or meter of AUSP Thomson. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire electric 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.).

Electric services from October 1, 2016 through September 30, 2017 are subject to funds availability (FAR Clause 52.232-18). The services will be procured by way of purchase order.

FEDERAL BUREAU OF PRISONS – AUSP THOMSON

JOFOC – ELECTRIC 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:

Jo-Carroll Energy is a member-owned cooperative and the sole provider of electric service in the Carroll County service area. Jo-Carroll Energy is the only authorized provider of electric service in the area. Jo-Carroll Energy is the sole provider of these services in the Thomson service area. Jo-Carroll Energy is authorized by the Rural Electric Act (REA) of 1935 to exist as a cooperative.

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 Jo-Carroll Energy have been approved and are considered fair and reasonable by the Illinois Commerce Commission. The contracting officer has also determined that the anticipated costs to the government are fair and reasonable. The Illinois Commerce Commission regulates utility pricing to ensure that rates are just, fair and reasonable. 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 electric service.

8. Description of the Market Survey Conducted:

A market survey was conducted by contacting Jo-Carroll Energy, as well as, internet research of the Illinois Commerce Commission’s website to ensure that Jo-Carroll Energy was the sole provider of electric service for AUSP Thomson. Market research has revealed the presence of Articles of Incorporation and Bylaws which establish the Jo-Carroll Energy as the only legal provider of electric service with physical, mechanical, and operational capabilities to process the magnitude of service required by AUSP Thomson.

Market Research has also revealed that the North American Industrial Classification System (NAICS) code for electric utility service as 221122. The NAICS industry description for code 221122 has detailed that establishments with this code are primarily engaged in either (1) operating electric power distribution systems (i.e., consisting of lines, poles, meters, and wiring) or

(2) operating as electric power brokers or agents that arrange the sale of electricity via power distribution systems operated by others. Since Jo-Carroll Energy has demonstrated that they are engaged in the operation of such utility service and distribution systems, code 221122 is applicable to this acquisition.

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

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

There were no other sources which expressed an interest in this acquisition or that would be able to provide electric service to meet the minimum requirements of the government.

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

The BOP 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 government and its utility requirements for AUSP Thomson. Should opportunities arise in the future the BOP will take appropriate action to obtain the most cost effective means for electric service at AUSP Thomson.

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// 05/23/17

Antoinette Kennedy, Supervisory Contract Specialist Date AUSP Thomson, IL

//SIGNED// 06/23/17

Darrell 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//_______________ 05/23/17______

John Moore, Facility Manager Date

Concurrence of:

_____//SIGNED//_______________ ____05/23/17_____

D. Hudson, Warden Date

//SIGNED// 06/23/17

Al Rauschuber, Jr., Acting Chief Date

Field Acquisition Office

//SIGNED// 06/30/17

Loneryl Burns Date

Acting Procurement Executive

Approved by:

//SIGNED// 06/30/17

Bradley T. Gross Date Assistant Director for Administration Competition Advocate