Performance Period 2020 FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Prison Camp (FPC) – Duluth, MN

Water Utility Services – FY 2020

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (3), and Acquisition Policy 6.304 (a), the Federal Bureau of Prisons (BOP) has determined that the procurement of water services for the Federal Prison Camp (FPC) located in Duluth, Minnesota 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 Prison Camp (FPC) 4464 Ralston Drive Duluth, MN 55811

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

This justification for other than full and open competition is for the acquisition of water services at the Federal Prison Camp (FPC) located in Duluth, Minnesota from the only responsible provider of such services in the Duluth area.

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

Water services from October 1, 2019 through September 30, 2020 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 ($)

CLIN 0001 10/01/2019 – 09/30/2020

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 Duluth dba Comfort Systems is the only responsible provider of water service in the City of Duluth service area. The City of Duluth is the only authorized and responsible provider of water services in the area. The written and legal authorization to provide water utility service is established through the passing of ordinances with included rate structures that are applicable to all users within the City’s territory.

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 Duluth have been approved and are considered fair and reasonable. The Federal Prison Camp (FPC) is currently operational with staff to fulfill the agency’s mission with an inmate population; as a result, the demand for water is anticipated to be consistent. The Facility Staff at the Federal Prison Camp (FPC) has discussed no concerns relating to price unreasonableness during this time.

Prices will be analyzed by the Facilities Manager with the assistance of the Contract Specialist in accordance with F.A.R. 41.401 in order to ensure price reasonableness and accuracy for water utility services.

8. Description of the Market Survey Conducted:

A market survey was conducted by researching the City of Duluth’s website to ensure that the City of Duluth is the only responsible provider of water service for FPC Duluth.

FPC Duluth’s existing pipe infrastructure is already connected to the City of Duluth’s water supply and distribution system; thereby, offering the most efficient and cost effective opportunity for the government to continue receiving water. The City of Duluth has the authorized personnel to operate and maintain the water supply system.

The City of Duluth has been deemed responsible and legally authoritative to provide water utility services by the authority in the Constitution and the laws of the State of Minnesota.

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 that any other contractors would have the legal authority or financial capabilities to offer water service to FPC Duluth. The City of Duluth dba Comfort Systems presents the most cost effective opportunity for water service to FPC Duluth.

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 water service to meet the minimum requirements of the government, without introducing substantial costs increases to the government by proposing capital improvements in order to meet those needs 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 FPC. Should opportunities arise in the future the BOP will take appropriate action to ensure the most cost effective water services are obtained for FPC Duluth.

12. Contracting Officer’s Certification:

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

Approved by:

Darrell McKeel, Contracting Officer Date Field Acquisition Office