Water_Utility_JOFOC__Over_SAT_2020_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Metropolitan Correctional Center (MCC) - Chicago, IL

Water Utility Service - 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 (b), the Federal Bureau of Prisons (BOP) has determined that the procurement of water utility services for the Metropolitan Correctional Center (MCC) located in Chicago, IL 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

71 W. Van Buren Chicago, IL 60605

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

This justification for other than full and open competition is for the acquisition of water utility services at the Metropolitan Correctional Center located in Chicago, IL from the only responsible and authorized provider of water utility services in the Chicago, IL area.

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

MCC Chicago 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 Illinois, more specifically in the service territory of the MCC. Services shall be provided on a dependable and adequate daily basis (365) days per year.

The City of Chicago will be responsible to maintain and/or repair all associated water utility pipelines and equipment, including associated costs for such repair, up to the receiving point or meter of MCC Chicago. 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 ($)

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 responsible 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 Chicago is the only responsible and authorized provider of water utility service for the Metropolitan Correctional Center in Chicago, Illinois. In accordance with their approved ordinance, The City of Chicago is authorized to provide water utility services in the area of Chicago, Illinois.

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:

The current rates offered by the City of Chicago have been approved and incorporated into their ordinance for all users within their designated service territory. Prices within the ordinance are approved by the City Council and are considered to be fair and reasonable based on past acquisition history. The City of Chicago Water Management Department is to deliver nearly 1 billion gallons of drinking water to residents of Chicago and 125 suburbs daily. We also remove waste water and storm runoff through the sewer system. Our mission is to efficiently provide the highest quality drinking water to the

Chicago region while protecting our most precious natural resource- Lake Michigan. No concerns have been raised by local Facilities or Contracting staff relating to price unreasonableness. Prices will be analyzed by the Facilities Manager with the assistance of the Contracting staff in accordance with F.A.R. 41.401 in order to ensure price reasonableness and accuracy in accordance with the most recent ordinance.

8. Description of the Market Survey Conducted:

A market survey was conducted by researching The City of Chicago website (www.cityofchicago.gov) and prior knowledge of the history for this acquisition.

The City of Chicago has verified they are the only responsible and authorized provider of water utility service for MCC Chicago. MCC Chicago’s existing pipe infrastructure is already connected to the City of Chicago’s water supply system. With this being the case, The City of Chicago offers the most efficient and cost effective opportunity for MCC Chicago to continue receiving water utility service in an efficient and reliable manner. The City of Chicago also has the authorized and trained personnel to operate and maintain the water supply system which supplies the MCC.

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

Due to the facts listed in Section 8, the market survey does not reveal any other contractors who have the legal authority or financial capabilities to offer water utility service to MCC Chicago. MCC Chicago presents the most cost effective and fiscally responsible opportunity for the continued acquisition of water utility service to MCC Chicago.

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

No additional sources expressed an interest in this acquisition. Additional market research and past acquisition history has shown that no other sources would be able to provide water utility service to meet the minimum requirements of MCC Chicago without introducing substantial costs increases through proposing capital improvements and construction related projects.

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

MCC Chicago will continue to monitor market trends, national, regional, and local laws in the utility industry that may create competition or sources which may be able to provide the minimum needs of the government and its water utility service for MCC http://www.cityofchicago.gov/

Chicago. Should opportunities arise in the future; MCC Chicago will take appropriate action to ensure the most cost effective manner to acquire water utility service for MCC .

Chicago.

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// 7/19/19 Mike Kurtz, Inventory Management Specialist Date MCC Chicago, IL

//Signed// 9/25/19 Darrell L. 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:

Matt Flisk, Facilities Manager Date

Concurrence of:

R.A. Heisner, Warden Date

Approved by:

//Signed// 09/26/19 Al Rauschuber Jr., Chief Date Field Acquisition Office