Water Service JOFOC FBO.pdf

FCC Victorville Water Utility Service 1 | P a g e

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Correctional Complex Victorville, CA – Water Utility Service – FY 2020

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (3), and the Bureau of Prisons Acquisition Policy (BPAP) 6.304 (c), the Federal Bureau of Prisons (BOP) has determined that the procurement of water utility services for the Federal Correctional Complex (FCC) located in Victorville, California 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 13777 Air Expressway Blvd.

Victorville, CA 92394

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

This action is for the acquisition of water utility services supplied to the Federal Correctional Complex located in Victorville, California, from the only responsible provider of such services in the Victorville area.

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

FCC Victorville 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 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 water 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 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 acquired from the October 1, 2019 through September 30, 2020.

These funds are subject to Funds Availability (FAR Clause 52.232-18).

FCC Victorville Water Utility Service 2 | P a g e

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:

The City of Victorville is the only responsible provider of water utility service in the Victorville service area. The City of Victorville is authorized by city ordinance, as the only responsible and authorized provider of water utility service in the Victorville area.

FCC Victorville lies within the City of Victorville’s service territory, due to this fact; the

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). Market Research and acquisition history has demonstrated that the City of Victorville is the legally designated

FCC Victorville Water Utility Service 3 | P a g e

The City has been in possession of the award documentation for over seven years and has not responded to date. Based on a request from the Facilities Manager and non-responsiveness of the City of Victorville, this solicitation has been officially cancelled by FCC Victorville.

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 Schedule of Rates posted on the City’s website are established and approved as part of an ordinance which becomes law for the period of time approved by the City Council. As stated in the Schedule of Rates: Water District services are funded by rates, fees, charges and deposits. Pursuant to statutory requirements, these fees, charges and deposits are established so as to cover the cost of the requested service. Fees, charges and deposits are subject to the rules and regulations of the Victorville Water District (the “District”) including ordinances, resolutions, and municipal code as authorized by the Board of Directors or other applicable law. The Schedule of Rates’ prices will be analyzed by the the Facilities Manager with the assistance of the Contracting Officer in accordance with FAR 41.401 in order to ensure price reasonableness and accuracy for these 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 water utility 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.

FCC Victorville Water Utility Service 4 | P a g e

The City of Victorville has never responded to the award documentation and the award process has ended due to the City’s non-responsiveness. Due to these facts, no agreement or official contract award has been made for the acquisition of water utility services. The City of Victorville’s legal authority to provide water utility services is sustained by City Ordinance through a Schedule of Rates.

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

A Statement of Requirements suitable for full and open competition was developed for the acquisition of water utility services at FCC Victorville; however, the presence of City Ordinances, which present legal authority for adherence by all customers within the jurisdictional boundaries of the City of Victorville (Victorville Water District), prevent any other providers from participating in this acquisition without including capital improvement costs with an offer.

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

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 the provision of water utility services, the acquisition staff will take appropriate action to secure these services.

FCC Victorville Water Utility Service 5 | P a g e

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// James Blakely, Contract Specialist Date FCC Victorville

____//Signed//______________________ ______________ Darrell L. McKeel, Contract Specialist 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//_______________ ______________ David Dittemore, Facility Manager Date

Concurrence of:

L. J. Milusnic, Complex Warden Date

Al Rauschuber, Jr., Chief Date Field Acquisition Office

FCC Victorville Water Utility Service 6 | P a g e

Loneryl Burns, Date Acting, Procurement Executive

Approved by:

____//Signed//_______ ______________ Bradley T. Gross Date Assistant Director for Administration

Competition Advocate