JOFOC TUC Water Utility FY 20 (FCC) FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Correctional Complex (FCC) – Tucson, AZ

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 services for the Federal Correctional Complex (FCC) located in Tucson, Arizona 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 (FCC) 9300 S. Wilmot Road Tucson, AZ 85756

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 FCC Tucson located in Tucson, Arizona from the sole provider of such services in the area. The FCC has a requirement for the continuous use of water utility services.

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

FCC Tucson 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 Arizona. Services shall be provided on a dependable and adequate daily basis for 365 days per year. The City of Tucson will be responsible to maintain and/or repair all associated water pipelines and equipment, including associated costs for such repair, up to the metered connection of FCC Tucson. In accordance with 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 services from October 1, 2019 through September 30, 2020 are subject to funds availability (FAR Clause 52.232-18).

FEDERAL BUREAU OF PRISONS – FCC TUCSON, AZ

JOFOC – WATER UTILITY SERVICE

Contract Line Item Number Performance Period Estimated Cost ($)

CLIN 0001

Total Estimated Cost:

4. Statutory Authority Permitting Other Than Full and Open Competition:

The policy and statute, which authorizes this justification, can be found at 41 U.S.C.

3304 (a) (1) and FAR 6.302-1 (b) (3). The policy states, “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 Tucson is the sole provider of water utility services in the Tucson service area by authority under the state of Arizona and city ordinance.

The City of Tucson under the authority of the ordinance is the only authorized provider of water services in the area of Tucson, AZ.

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 telecommunication 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 Tucson have been approved and are considered fair and reasonable under City Ordinance.

The Contracting Officer will analyze prices with the assistance of the Facilities Manager in accordance with FAR Part 41.401 in order to ensure price reasonableness and accuracy for water services.

8. Description of the Market Survey Conducted:

FCC Tucson’s existing pipe infrastructure is already connected to the City of Tucson’s supply and distribution system; thereby, offering the most efficient and cost effective opportunity for the government to continue receiving water services in a continuous and cost efficient manner. The City of Tucson has the authorized and trained personnel to operate and maintain the water supply and distribution system.

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

The City of Tucson presents the most cost effective opportunity for water service to FCC Tucson and is authorized to do so under City Ordinance and the State of Arizona.

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 cost increases to the government by proposing capital improvements or construction costs in order to meet the 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 water utility requirements for FCC Tucson. Should opportunities arise in the future the BOP will take appropriate action to ensure the most cost effective water services are obtained for FCC Tucson.

12. Contracting Officer’s Certification:

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

Richard Ortega, Contract Specialist Date FCC Tucson, AZ

Darrell McKeel, Contracting Officer Date Field Acquisition Office

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

Chad Schickel, Facility Manager Date FCC Tucson, AZ

Concurrence of:

B. von Blanckensee, Complex Warden Date FCC Tucson, AZ

Approved by:

Al Rauschuber Jr., Chief, Date Field Acquisition Office

//SIGNED//

//SIGNED//

//SIGNED//

//SIGNED//

//SIGNED//