Final_JOFOC__Memphis_Light-Gas-Water_(MLGW).pdf

As prescribed by FAR 6.3 2/2015

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

FAR SUBPART 6.3

I recommend the use of other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

IRS/Field Procurement Bus Oper Br (OS:A:P:B:S)

2. NATURE/DESCRIPTION OF THE ACTION BEING APPROVED:

This is a new Fixed Price Contract using FY16 funds.

3. DESCRIPTION OF SUPPLIES OR SERVICES

Provide electrical power, natural gas, and water to the Memphis Internal Revenue Service Center (MIRSC) located at 5333 Getwell Rd. Memphis, TN 38118.

Period of Services - October 1, 2015 - September 30, 2016

4. REQUISITION NO. 5. NAME(S) OF PROPOSED SOURCE(S)

D-6-09-24-DE-LOO Memphis Light, Gas and Water (MLGW)/ Memphis, City of

6. COST ESTIMATE 220 South Main St.

Memphis TN 38103-3917

$3,247,941.56

CERTIFICATION OF TECHNICAL OR REQUIREMENTS PERSONNEL

I certify that this submission is accurate, and complete to the best of my knowledge and belief.

~P·EETR5S~OI~N· ~N· ·~E,~L~TN~aRme & ,,.tle,l o(Sign::flature) I)\ {J~(l (Phone No~) (Dat~) 1' 11 1 /J 71 ~ 901-546-222Q 5/8/2015

Derrell Hart · Building Management Specalist

SMALL BUSINESS CERTIFICATION

I certify that I have conducted a search of vendor files to locate potential offerors for this procurement.

If any were found, a list is attached.

8. SMALL BUSINESS (Signature) (Phone No.) (Date)

SPECIALIST

(Name and Title)

PROCUREMENT OFFICE CERTIFICATION

> This requirement is an acquisition under the authority of the test program for commercial items:

authorit of 41 U.S.C. 1901 or the authorit of 41 U.S. C. 1903.

I certify that this submission is accurate and complete to the best of my knowledge and belief. This certification will serve as a roval, unless action exceeds $650K.

9. ASSIGNED CONTRACTING (Signature) (Phone No.) (Date) OFFICER (Name)

Before requesting this procurement, state one statutory authority for this procurement to be conducted under "other than full and open competition" procedures. Provide narrative justification associated with the res ective state authorit in block number 17.

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THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L. 98-369)

(place 'X" in appropriate box)

10. 41 U.S.C. 3304(a)(1), FAR 6.302-1- Only one responsible source; or brand name X specification

11. 41 U.S.C. 3304(a)(2), FAR 6.302-2- Unusual and compelling urgency

12. 41 U.S.C. 3304(a)(3), FAR 6.302-3 -Industrial mobilization, engineering, developmental, or research capability; or expert services

13. 41 U.S.C. 3304(a)(4), FAR 6.302-4- International agreement

14. 41 U.S.C. 3304(a)(5), FAR 6.302-5 -Authorized or required by statute

15. 41 U.S.C. 3304(a)(6), FAR 6.302-6- National Security

16. 41 U.S.C. 3304(a)(7), FAR 6.302-7 -Public Interest

17.JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

MLGW is a municipality owned utility that provides network electrical power, natural gas, and water for all of Shelby County. The MIRSC is located within the city limits of Memphis, TN, in Shelby County. MLGW is the only source to supply electrical power, natural gas, and water to the MIRSC site.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES.

Exception-FAR 5.202 (a) (5) The proposed contract action is for utility services other than telecommunications services and only one source is available.

C. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE.

The Contracting Officer determined the cost fair and reasonable, due to the Government will pay for services based on actual usage at the MLGW's published rate(s).

D. DESCRIBE THE MARKET RESEARCH THAT WAS CONDUCTED AND THE RESULTS OF

THAT SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY

THIS REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.

Market Research was conducted by the Contract Specialist, and found MLGW is the only known supplier/source that provides utility services for the city of Memphis/Shelby County.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JOFOC.

In addition to the Market Research conducted by the Contract Specialist, the Independent Government Cost Estimate (IGCE) was also provided by the program office in support of the services cost estimate. The proposed contract action is for the supply of utility services (electric, gas and water). Therefore, no statement of work is required.

F. LIST SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

No sources expressed in writing an interest in the acquisition.

G. LIST THE ACTIONS THE BUREAU WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS

TO PROMOTE THE COMPETITION ON ANY SUBSEQUENT ACQUISITIONS FOR SIMILAR

SUPPLIES OR SERVICES.

Competition will be sought in .the future if another supplier/source becomes available.

H. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR

THE EXPIRATION OF FUNDS.

This requirement does not result from lack of planning or the expiration of funds. ·

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ADDITIONAL APPROVALS

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NOTE: Each review must be preceded by lower level approval(s). e.g., over $62.5 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL

LEVEL.

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CONTROL NO. OM 2015-21

Procurement Analyst undefined:

470-719-6505 undefined_2:

5/8/2015

Associate Director, SCR-CO

AWSS, Employee Sup Serv