FBO_JA_BlueRidgeElectric.pdf

For Official Use Only

Justification and Approval (J&A) For Other than Full and Open Competition

Electrical Services for W. Kerr Scott Reservoir

1. Contracting Activity: The responsible contracting agency is the U.S. Army Corps of Engineer Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina 28403.

2. Description of Action: Approval is being requested for an electrical services/utilities contract for W Kerr Scott Reservoir. The contract is for a five year period, and shall not exceed for the five year period.

3. Description of Supplies/Services: The contractor shall provide the W Kerr Scott Reservoir with electric services to cover the following locations:

Rhymer Branch Rd, Deep Gap, North Carolina NC HWY 268, Lenoir, North Carolina Marley’s Ford Pump House, 977 S. Marley Ford Road, Boomer, North Carolina

Blue Ridge Electric Membership Corporation 1216 Blowing Rock Blvd NE Lenoir, North Carolina 28645-3619

4. Authority Cited: The statutory authority permitting acquisition of the requirement by other than full and open competition is Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements – FAR 6.302-1(b)(3), U.S.C.

2304(c )(1).

5. Reason for Authority Cited: In accordance with North Carolina State Law, Chapter 62, Section 2, the North Carolina Utilities Commission is responsible for regulating all electrical rates, services, and operations of public utilities. In addition, the commission also has the authority to regulate electric membership corporations as provided in G.S. 117-18-1.

Therefore, the North Carolina Utilities Commission was created to bring together investor-owned utilities and cooperatives in order to define and assign service areas throughout the state.

The North Carolina Utilities Commission developed a map which depicts the respective boundaries for each electric service entity (See Attachment 1). The Blue Ridge Electric Membership Corporation is the only electric service provider authorized by the State of North Carolina to operate in the areas listed in paragraph three (3).

6. Efforts to Obtain Competition: There is no competition anticipated for this procurement, because competition would be inconsistent with North Carolina state law governing the provision of electric utility services. The requirement was not synopsized for the reasons detailed in paragraph nine (9) of this document. Competition is not feasible for the reasons outlined in paragraph five (5) of this document.

7. Actions to Increase Competition: No Market Survey was conducted because the Blue Ridge Electric Membership Corporation is a regulated utility service that has territorial rights to the areas listed in paragraph three (3) of this document.

8. Market Research: No other source is available to supply electric utility services to these locations. Due to the statutory restriction regarding the source for electrical services, there are no possible actions to be taken to increase competition for subsequent acquisitions.

9. Interested Sources: The utility service procurement is exempt from synopsizing, in accordance with FAR 5.202 (a)(5). The proposed contract action is for utility services other than telecommunications services and only one (1) source is available.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history

(1) Contract number and date of the last award.

i. N/A

(2) Competitive status of these actions.

i. N/A

(3) Authority previously used for less than full and open competition

i. N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

i. N/A

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

i. N/A

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

i. N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

i. N/A

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: _____ ______ Date: ____________________

Title: _________________________________ Signature:

12. Requirements Certification:

Typed Name: _ ____________ Date: ____________________

Title: _________________________________ Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price reasonableness was based on established price schedule of a public utility company, which is subject to state and local regulatory bodies.

Typed Name: __________________________ Date: ____________________

Title: _________________________________ Signature: _______________________

13 April 2016

Civil Engineer Technician

Chief, Operations Division

13 April 2016

FIGGINS.CHARLENNE

.LEEANN.1229788430

Digitally signed by

FIGGINS.CHARLENNE.LEEANN.1229788430

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=FIGGINS.CHARLENNE.LEEANN.1229788430 Date: 2016.04.14 14:54:57 -04'00'

Charlenne Figgins

Contracting Officer

14 April 2016

Approval

Based on the foregoing justification, I hereby approve the procurement of electricity on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ___________________ Date: ___________________

FIGGINS.CHARLENNE.

LEEANN.1229788430

Digitally signed by

FIGGINS.CHARLENNE.LEEANN.1229788430

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=FIGGINS.CHARLENNE.LEEANN.1229788430 Date: 2016.04.14 14:55:26 -04'00' 4/14/2016

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