Water_Utility_JOFOC_2017_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Metropolitan Correctional Center (MCC) - Chicago, IL

Water Utility Service - FY 2017

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 utility services for the Metropolitan Correctional Center (MCC) located in Chicago, IL 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 Metropolitan Correctional Center

71 W. Van Buren Chicago, IL 60605

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

This justification for other than full and open competition is for the acquisition of water utility services at the Metropolitan Correctional Center located in Chicago, IL from the sole and only authorized provider of water utility services in the Chicago, IL area.

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

MCC Chicago 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 Illinois, more specifically in the service territory of the MCC. Services shall be provided on a dependable and adequate daily basis (365) days per year.

The City of Chicago will be responsible to maintain and/or repair all associated water utility pipelines and equipment, including associated costs for such repair, up to the receiving point or meter of MCC Chicago. 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.).

Water utility 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. The estimated cost for water utility services during this period is $ 420,000.00.

Contract Line Item Number Performance Period Estimated Cost ($) CLIN 0001 October 2016 $30,000.00 CLIN 0002 November 2016 $28,000.00 CLIN 0003 December 2016 $29,000.00 CLIN 0004 January 2017 $28,000.00 CLIN 0005 February 2017 $30,000.00 CLIN 0006 March 2017 $33,000.00 CLIN 0007 April 2017 $30,000.00 CLIN 0008 May 2017 $37,000.00 CLIN 0009 June 2017 $43,000.00 CLIN 0010 July 2017 $44,500.00 CLIN 0011 August 2017 $48,500.00 CLIN 0012 September 2017 $39,000.00 Total Estimated Cost: $420,000.00

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 Chicago is the only authorized provider of water utility service for MCC Chicago. In accordance with their approved ordinance and current rates, The City of Chicago is authorized to provide water utility services in the area of Chicago, Illinois.

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 Chicago have been approved and incorporated into their ordinance for all users within their designated service territory.

8. Description of the Market Survey Conducted:

A market survey was conducted by researching The City of Chicago’s website (www.cityofchicago.org) and prior knowledge of the history for this acquisition.

The City of Chicago has verified they are the sole authorized provider of water utility service for MCC Chicago.

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 any other contractors who have the legal authority or financial capabilities to offer water utility service to MCC Chicago. The City of Chicago presents the most cost effective and fiscally responsible opportunity for the acquisition of water utility service to MCC Chicago.

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

No additional sources expressed an interest in this acquisition. Additional market research and past acquisition history has shown that no other sources would be able to provide water utility service to meet the minimum requirements of MCC Chicago without introducing substantial costs increases through proposing capital improvements and construction related projects.

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

MCC Chicago will continue to monitor market trends, national, regional, and local laws in the utility industry that may create competition or sources which may be able to provide the minimum needs of the government and its water utility service for MCC Chicago. Should opportunities arise in the future; MCC Chicago will take appropriate action to ensure the most cost effective manner to acquire water utility service for MCC Chicago.

http://www.cityofchicago.org/

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// 11/16/16

Wesley Wilson, Contract Specialist Date MCC Chicago, IL

//Signed// 11/18/16

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:

Matt Flisk, Facilities Manager Date MCC Chicago, IL

Concurrence of:

A.M. Owens, Warden Date MCC Chicago, IL

Approved by:

//Signed// 11/22/16

Jill D. Ryan, Chief Date Field Acquisition Office