WWT JOFOC FBO.pdf

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FEDERAL BUREAU OF PRISONS – FCC VICTORVILLE, CA

JOFOC – WASTEWATER TREATMENT SERVICE

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FCC Victorville, CA – Wastewater Treatment Utility Services – FY 2020

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 wastewater treatment services for the Federal Correctional Complex (FCC) located in Victorville, 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:

U. S. Department of Justice Federal Bureau of Prisons Federal Correctional Complex 13777 Air Expressway Boulevard Victorville, CA 92394

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

This action is for the acquisition of wastewater treatment services at FCC Victorville located in Victorville, CA, from the only responsible provider of such services in the area.

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

FCC Victorville requires 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 Victorville will be responsible to maintain and/or repair all associated wastewater pipelines and equipment, including associated costs for such repair, up to the delivery point or meter of FCC Victorville. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire waste water 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.).

Wastewater treatment services from October 1, 2019 through September 30, 2020 are subject to funds availability (FAR Clause 52.232-18).

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JOFOC – WASTEWATER TREATMENT SERVICE

Contract Line Item Number

Performance Period Estimated Cost ($)

CLIN 0001 October 2019 CLIN 0002 November 2019 CLIN 0003 December 2019 CLIN 0004 January 2020 CLIN 0005 February 2020 CLIN 0006 March 2020 CLIN 0007 April 2020 CLIN 0008 May 2020 CLIN 0009 June 2020 CLIN 0010 July 2020 CLIN 0011 August 2020 CLIN 0012 September 2020 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:

FCC Victorville lies within the City of Victorville’s service territory, due to this fact; the FCC is required by ordinance to obtain wastewater treatment utility service from the City of Victorville. Currently, FCC Victorville wastewater treatment rates are reflected in the ordinance, Section 10.01.020, entitled Service unit rates.

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

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JOFOC – WASTEWATER TREATMENT SERVICE

than telecommunications services and only one source is available.” Therefore, a notice is not required in the Government wide point of entry (GPE).

Several years ago, the City of Victorville indicated their willingness to enter into a contractual relationship with the Bureau of Prisons for these services. Subsequently, Solicitation RFPP06161000002 was issued for wastewater treatment service and The City of Victorville responded with their proposal; however, their proposal included the payment of capacity charges for which the Bureau of Prisons has already paid for during the construction of the Complex.

Based on the Facilities Manager’s request and non-responsiveness of the City of Victorville, this solicitation has been officially cancelled by FCC Victorville. Services are procured through the issuance of a purchase order.

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

The City of Victorville has provided sufficient data to the contracting officer, pursuant to FAR 15.402, Pricing Policy, allowing the development of a preliminary determination that such anticipated costs appear to be fair and reasonable. The Wastewater Treatment rates are established and coded as part of an ordinance which becomes law for the period of time approved by the City Council. As stated in the Ordinance: “The City shall prescribe, revise, and collect its sewer service unit rates by ordinance approved and authorized by two-thirds vote of the members of the city council”. By reviewing this information, the Contracting Officer has determined that the rates offered by the City of Victorville are fair and reasonable. Ordinance rates and monthly bill prices will be analyzed by the Facilities Manager with the assistance of the Supervisory Contract Specialist in accordance with FAR 41.401 in order to ensure price reasonableness and accuracy for these utility services.

8. Description of the Market Survey Conducted:

Acquisition history has demonstrated that the City of Victorville is the only responsible source with legal authority to provide wastewater treatment services in the Victorville area.

The contracting officer initially contacted the City of Victorville with a request to determine their willingness to enter into a contract into a contractual arrangement. Several years ago, the City of Victorville has indicated their willingness to enter into a contractual relationship with FCC Victorville and the solicitation process resulted in the provision of a solicitation (RFPP06161000002) and receipt of a proposal from the city of Victorville.

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The resulting proposal contained line item charges for capacity that were not applicable to the Bureau. These charges were already paid off during the construction of the Complex.

A revised proposal was requested and provided; however, the charges for capacity were still present in the City’s proposal. A second request was sent to the City to remove the charges and the City never responded to the second request. Due to these facts, no agreement or progress has been reached on the sewer treatment service contract. The City of Victorville’s legal authority to provide sewer treatment services is sustained by City Ordinance. Based on the Facilities Manager’s request and non-responsiveness of the City of Victorville, this solicitation has been officially cancelled by FCC Victorville.

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

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

The City of Victorville had expressed an interest in this service, by providing a written confirmation of their willingness to enter into a contract with FCC Victorville. Due to the presence of Ordinances which provide the City of Victorville with the legal authority to provide wastewater treatment services to end users in their territory, no other sources are qualified to provide wastewater services to FCC Victorville without the presentation of capital improvement and infrastructure costs.

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

FCC Victorville will continue to monitor the local ordinances and industry trends to ensure that the most current information is available for competition opportunities. Should an opportunity become available that would be more advantageous to FCC Victorville for wastewater treatment services, the acquisition staff will take appropriate action to secure these services.

12. Contracting Officer’s Certification:

I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

//Signed// James Blakely, Contract Specialist Date FCC Victorville, CA

//Signed// Darrell McKeel, Contract Specialist Date Field Acquisition Office

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JOFOC – WASTEWATER TREATMENT SERVICE

Technical or Requirements Personnel Certification

I hereby certify that the supporting data provided by the technical and requirements personnel which form the basis for this justification is complete and accurate to the best of my knowledge and belief.

David Dittemore, Facility Manager Date

Concurrence of:

Louis Milusnic, Warden Date

Al Rauschuber Jr., Chief Date

Field Acquisition Office

___ //Signed//_______________ ___________________ Loneryl Burns, Date Acting Procurement Executive

Approved by:

______//Signed//_ ______ ___________________ Bradley T. Gross Date Assistant Director for Administration Competition Advocate