JOFOC_MAR_PP_2018_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Electric Transmission and Natural Gas Transportation Utility Services

United States Penitentiary – Marion, Illinois – 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 Electric Transmission and Natural Gas Transportation service for the United States Penitentiary (USP) located in Marion, 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 United States Penitentiary 4500 Prison Road Marion, IL 62959

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

This justification for other than full and open competition is for the acquisition of electric transmission and natural gas transportation services supplied to the USP located in Marion, Illinois from the sole provider of such services for USP Marion, Illinois.

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

The contractor shall provide transmission of electric and natural gas distribution services from October 1, 2017 through September 30, 2018. The funds for this purchase order are 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:

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:

Ameren Illinois is a utility company which possesses the ownership of the infrastructure of electric and natural gas distribution services in the Marion, Illinois area.

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 Ameren Illinois have been approved and are considered fair and reasonable by the Illinois Commerce Commission.

8. Description of the Market Survey Conducted:

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 and natural gas distribution services 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 USP Marion. Should opportunities arise in the future the BOP will take appropriate action to obtain the most cost effective means for transmission of electric and distribution natural gas service to USP Marion, Illinois.

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// 10/18/2017

Kelly Lamantia, Supervisory Contract Specialist Date USP Marion, IL

//SIGNED// 11/07/2017

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//_________________ _10/18/2017____

Mark Norris, Facility Manager Date

Concurrence of:

______//SIGNED//__________ ___10/18/2017_____

B. True, Warden Date

Approved by:

_______//SIGNED//___________ ____11/08/2017_____

Al Rauschuber, Jr., Chief Date Field Acquisition Office