JA-Des Moines_Water.docx

J&A No. 20-11JA

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND NORTHWEST

1101 TAUTOG CIRCLE

SILVERDALE, WASHINGTON 98315-1101

J&A No. 20-11JA

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Facilities Engineering Command (NAVFAC) Northwest, 1101 Tautog Circle, Silverdale, WA 98315.

2. Description of Action Being Approved.

Request to award a sole source, ten-year base and two, ten-year option periods under a firm-fixed price utility service contract with Xenia Rural Water District for water to support the mission of the Marine Forces Reserve (MARFORRES), in accordance with FAR 41.103(b), Delegated Authority. The service is required at the MARFORRES Center located in Polk County at 9867 NW 110th Court, Granger, Iowa 50109. Since this facility falls within NAVFAC Northwest’s AOR and NAVFAC is the Navy entity responsible for procuring utility service, this procurement action is being undertaken on behalf of MARFORRES.

3. Description of Supplies/Services.

NAVFAC Northwest plans to acquire water from Xenia Rural Water District for the action noted above. Water services are being established for a newly constructed Marine Forces Reserve Center at 9867 NW 110th Court, Granger, Iowa 50109.

This contract action is authorized by FAR 41.103(b), Delegated Authority. The estimated ten-year total is approximately $128,300.00 based upon historical usage and costs at a similar facility. Payment will be made by the customer, MARFORRES and is funded by OM&N Funds.

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

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

FAR 6.302-1(a)(2) provides for the authority that full and open competition need not be provided for procurements where the service is available from only one source and no other type of supplies or services will satisfy agency requirements. FAR 6.302-1(b)(3) identifies an example situation where this authority may be appropriate specifically for utility services (as defined in FAR 41.101) when circumstances may dictate that only one supplier can furnish the service. Three water utilities provide water services in Polk County; Johnston City Water & Sewer, Des Moines Water Works, and Xenia Rural Water District. Currently, Johnston City Water and Des Moines Water Works do not have water service lines pulled to the area where the newly constructed reserve facility is located. At this time, Xenia Rural Water District is the only responsible source that can provide water services at this location.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market research indicates there is no competitive market. Since there are no other sources from which to obtain these utility services, no attempts were made to solicit offers from other sources. In accordance with FAR Part 5.202(a)(5) and 5.301(b)(5), the Government need not submit a synopsis notice if the proposed contract action, or contract award, is for utility services and only one source is available. However, the DFARS PGI 206.302-1 requires that a notice be advertised and the results included in the justification. A synopsis of the proposed contract action was published with a response time on Sam.Beta.gov contract opportunities on 22 January 2020. No interested parties responded. Additionally, the Government will make the approved Justification publicly available within 14 days after contract award in accordance with FAR Part 6.305(a).

7. Determination of Fair and Reasonable Costs.

The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For reasons cited under statutory authority in Paragraph 5, and until another water utility is able to provide water services to this site/location, NAVFAC Northwest is unable to compete for a future contract for the types of services covered under this document.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

TREVOR LUNCEFORD Phone No. Date Senior Utilities Engineer

Requirements Cognizance:

KEVIN STIGILE Phone No. Date Utility and Energy Product Line Coordinator

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Phone No. Date

ALAN MYGATT-TAUBER

Counsel

CONTRACTING OFFICER CERTIFICATION

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

RONALD P. SMITH Phone No. Date Contracting Officer image1.png