FBO_Posting_Apr_-_May_2013.pdf

JUSTIFICATION FOR OTHER THAN FlJl.L AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (l) and 6.302-1 (b) (3 ), and the Bureau of Prisons Acquisition Guidance Document 06-006, the Federal Bureau of Prisons (FBOP) has determined that the procurement of waste water, and solid waste services for the Federal Correctional Complex located in Terre Haute, IN, meets the criteria established for other than full and open competjtion. It is further determined tl1at only one responsible !luurcc and no other supplies and/or services will satisfy agency requirements. This limitation on competition is justified as supported by the following infonnation :

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Complex 4 700 Bureau Road South Terre Haute, In. 47802

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

This action is for the acquisition of waste water, and solid waste services supplied to the Federal Correctional Complex located in Terre Haute, IN. from the sole provider of such services in the Terre Haute area.

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

Waste water and solid waste services will be obligated from April l, 2013 thru May 31 , 20 13. The services will be procured by way of purchase order. The estimated average costs for two months service is $394,166.00

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

41 U.S.C. 253 (c) (I) 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. Determ.ination that Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Citrd:

The City of Terre Haute is the sole provider of these services in the Terre Haute service area. City of Terre Haute is authorized by city ordinance, as the sole authorized provider or these services in the Terre Haute area. All rates are regulated by city ordinance.

6. Efforts Made to Solicit from as Many Sources as Practicable lncludine 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 Terre Haute are regulated by the Public Utility Commission of Indiana and substantiated by Indiana Code as referenced in Section 8-l-2-4 "Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any service rendered or to be rendered either directly or indirectly or in connection therewith shall be reasonable and just, and every unjust or unreasonable charge for such service is prohibited and declared unlawful". Prices will be analyzed by the Contracting Officer with the assistance of the Facilities Manager in accordance with FAR 41.401 in order to ensure price reasonableness and accuracy.

8. Description of the Market Survey Conducted:

The market research conducted by the contracting oftice and the Facilities Department personnel determined that the city of Terre Haute Waste Water Treatment Plant is the current sewer service provider for FCC Terre Haute and has serviced the Facility for over the past ten { l 0) years.

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

Local ordinance limits the provider of these services to only the municipality .

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

The City of Terre Haute is granted authority for the provision of waste water and solid waste treatment services through City Ordinances for all users within their geographical boundaries.

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. Should opportunities arise in the future the BOP will take appropriate action.

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:

Is/ Scott Ballinger, Contract Specialist FCC Terre Haute, IN

Acknowledged by:

Is/ Ty Bayless, Facility Manager FCC Terre Haute, IN

Concurrence of:

Is/ J.F. Caraway, Complex Warden FCC Terre Haute, IN

Approval:

Is/ John F. Wenkman, Chief Field Acquisition Office

03/26/13 Date

03/26/13 Date

03/29/13 Date

04/17/13 Date