JOFOC_SDC_W_&_WWT_FY_18_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Metropolitan Correctional Center - Water and Wastewater Utility Service

San Diego, CA – 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 and wastewater treatment utility service for the Metropolitan Correctional Center located in San Diego, CA, 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 (MCC) 808 Union Street San Diego, CA 92101

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 utility service to the Metropolitan Correctional Center (MCC), located in San Diego, CA, from the sole provider of such services in the San Diego area.

MCC San Diego has a present and continuing need for the provision of water and wastewater treatment utility services for the orderly operation of the MCC.

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

MCC San Diego 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 California. Services shall be provided on a dependable and adequate daily basis (365) days per year. The City of San Diego will be responsible to maintain and/or repair all associated water and wastewater treatment pipelines and equipment, including associated costs for such repair, up to the delivery point or meter of MCC San Diego. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire Water and wastewater treatment 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.). The City of San Diego will be responsible to ensure that the pipelines and associated equipment, utilized to provide water and wastewater treatment utility services will be maintained and operated in compliance with all rules and regulations set by the California Department of Health, in accordance with all Federal, State, County, and local government for safe and sanitary water and wastewater treatment utility service.

FEDERAL BUREAU OF PRISONS - MCC SAN DIEGO, CA

JOFOC- WATER AND WASTEWATER TREATMENT UTILITY SERVICE

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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. When a public utility supplier refuses to execute a tendered contract the agency may proceed with the acquisition and pay for the utility service under the provisions of 31 U.S.C. § 1501 (a)(8).

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5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

The City of San Diego is the government-owned sole provider of Water and Wastewater Treatment utility service in the San Diego service area. The City Council of San Diego is the governing body that sets all rates and tariffs with the responsibility of water and wastewater treatment for the locale in which MCC San Diego resides.

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). The General Services Administration does not have any areawide or single point contracts for water and wastewater treatment available for use by the MCC at this time.

7. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

The current rates offered by the City of San Diego are equal to the prices that are applicable for similar users in the same rate class as MCC San Diego. The City of San Diego’s website has provided sufficient data to the FBOP contracting officer pursuant to FAR 15.402, Pricing Policy, to make a preliminary determination that such anticipated costs appear to be fair and reasonable.

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8. Description of the Market Survey Conducted:

MCC San Diego has a present and continuing need for water and wastewater treatment utility services. MCC San Diego does not have an onsite water supply system or wastewater treatment plant; therefore, the need for water and wastewater treatment utility service has to be found and supplied by a contractor in the local market.

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

The provision of water and wastewater treatment utility service is essential for the safe and orderly operation of MCC San Diego, which is designed to house over 1,000 inmates. Local ordinances have been established designating the City of San Diego as the only legal authority to provide this service to various classes of users within their coverage area.

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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 and wastewater treatment utility services to meet the minimum requirements of the government. No other responsible source expressed any interest in competing with the City of San Diego to provide water and wastewater treatment utility services to MCC San Diego.

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:

//SIGNED// _09/20/2017

Jeffrey Spear, Procurement and Property Spec. Date MCC San Diego

//SIGNED// 11/14/2017

Darrell McKeel, Contracting Officer Date Field Acquisition Office

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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//________________ ____09/20/2017______

Noel Fenlon, Facility Manager Date MCC San Diego, CA

Concurrence of:

//SIGNED// 10/12/2017

W. Smith, Warden Date MCC San Diego, CA

Approved by:

//SIGNED// 11/15/2017

Al Rauschuber Jr., Chief Date Field Acquisition Office