JOFOC18-100_FLX_Water_Utility_Services_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Water Utility Service-FCC Florence, CO

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 utility service for the Federal Correctional Complex located in Florence, 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 Complex 5880 State Hwy 67 South Florence, CO 81226

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

This action is for the acquisition of water utility service to the Federal Correctional Complex, (FCC) located in Florence, CO, from the sole provider of such services in the Florence area.

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

FCC Florence 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 Colorado. Services shall be provided on a dependable and adequate daily basis 365 days per year. The City of Florence will be responsible to maintain and/or repair all associated water pipelines and equipment, including associated costs for such repair, up to the delivery point or meter of FCC Florence. 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.).

Contract Line Item Number Performance Period Estimated Cost ($)

CLIN 0001

Total Estimated Cost:

FEDERAL BUREAU OF PRISONS- FCC FLORENCE, CO

JOFOC- WATER UTILITY SERVICE

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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 Florence is the sole provider of water utility usage service in the Florence service area. The City of Florence is authorized by city ordinance, as the sole authorized provider of water utility service in the Florence service area. All rates are regulated by city ordinance. The City of Florence Code of Ordinances

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:

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8. Description of the Market Survey Conducted:

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

Local ordinances/resolutions have been established designating the City of Florence as the only legal authority to provide this service to various classes of users within their coverage area.

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 water utility service to meet the minimum requirements of the government. No other responsible source expressed any interest in competing with the City of Florence to provide water utility service to FCC Florence.

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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. Should opportunities arise in the future the BOP will take appropriate action.

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:

Butch Faoro, Contract Specialist Date FCC Florence

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:

Duane McMullen, Facility Manager Date FCC Florence, CO

03/19/2018

03/19/2018

03/20/2018

//Signed//

//Signed//

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Concurrence of:

C.R. Goetz, Acting Complex Warden Date FCC Florence, CO

Approved by:

Al Rauschuber Jr., Chief Date Field Acquisition Office

03/22/2018

03/30/2018