JOFOC_SHE_WATER-WASTE_FY-18__FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Correctional Institution – FCI Sheridan – FY 2018

Water and Wastewater Treatment Utility Service

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 water and wastewater treatment services for the FCI Sheridan located in Sheridan, OR, 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 Sheridan 27072 SW Ballston Rd.

Sheridan, OR 97378

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 FCI Sheridan located in Sheridan, OR from the sole provider of such services in the Sheridan area.

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

FCI Sheridan 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 Oregon. Services shall be provided on a dependable and adequate daily basis (365) days per year. The City of Sheridan will be responsible to maintain and/or repair all associated water and wastewater pipelines and equipment, including associated costs for such repair, up to the delivery/transport point or meter of FCI Sheridan. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire water and wastewater treatment utility services” (i.e., capacity, standby or backup service, transmission and/or distribution service, quality transportation, assurance, system reliability, system operation and maintenance, metering, billing, etc.).

Water and wastewater treatment services are required from October 1, 2017 through September 30, 2018. All funding is subject to Funds Availability (FAR Clause 52.232-18). The services will be procured by way of purchase order.

Contract Line Item Number Performance Period Estimated Cost ($)

Total Estimated Cost:

4. Statutory Authority Permitting Other Than Full and Open Competition:

This justification to award as a sole source is prepared pursuant to the exception to full and open competition requirements in accordance with the statutory authority for these services that is found at 41 U.S.C. § 3304 (a) (1) and FAR 6.302-1 (b) (3) which states “When acquiring utility services (see FAR 41.101), circumstances may dictate that only one supplier can furnish the service (see F.A.R. 41.202) 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:

City of Sheridan is the sole provider of water and wastewater treatment service for FCI Sheridan and the FCI Sheridan service area. City of Sheridan has an approved tariff by the Sheridan Municipal Code Ch.13 Public Services. City of Sheridan is now the sole authorized provider of water and wastewater treatment in Sheridan, OR area. All rates are regulated and approved by Sheridan Municipal Code Ch.13 Public Services.

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:

8. Description of the Market Survey Conducted:

. FCI

Sheridan is located within the City of Sheridan’s protected area of Yamhill County.

Additional Market Research has also revealed that the North American Industrial Classification System (NAICS) code for Sewer Treatment Facilities as 221320 with a size standard of $20.5M. The NAICS industry description for code 221320 has detailed that establishments with this code are primarily engaged in operating sewer systems or sewage treatment facilities that collect, treat, and dispose of waste. The NAICS industry description for code 221310, “Water Supply and Irrigation Systems” has detailed that establishments with this code are primarily engaged in operating water treatment plants and/or operating water supply systems. The water supply system may include pumping stations, aqueducts, and/or distribution mains. The water may be used for drinking, irrigation, or other uses. Since The City of Sheridan has demonstrated that they are engaged in the operation of such systems, codes 221310 and 221320 are 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 the service to meet the minimum requirements of FCI Sheridan’s water and wastewater treatment service utility

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

FCI Sheridan 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 water and wastewater treatment services to meet FCI Sheridan’s utility requirements. Should competitive opportunities arise in the future FCI Sheridan will take appropriate action to procure those services in a manner which represents the best value to the government.

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// 08/25/17

William L. Anderson, Supervisory Contract Specialist Date

FCI Sheridan, Oregon

//SIGNED// 08/30/2017

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//____________________ ____08/25/17_____

David L. Childress, Facilities Manager Date

Concurrence of:

//SIGNED// 08/31/17

Richard B. Ives, Warden Date

//SIGNED// 08/31/17

Darren Doggett, Acting Chief Date Field Acquisition Office

_______//SIGNED//___________________ _____09/08/17________

Loneryl Burns Date Acting Procurement Executive

Approved by:

______//SIGNED//___________________ _____09/08/17______

Bradley T. Gross Date Assistant Director for Administration Competition Advocate