JA for Other Than Full and Open Competition - Oklahoma.pdf

JUSTIFICATION AND AUTHORIZATION FOR

OTHER THAN FULL AND OPEN COMPETITION

OKLAHOMA

1. Identification of Agency and Contracting Office: GSA, Energy & Acquisition Support

Branch (7PQD) Acquisition Management Division; Greater Southwest Region, Public Buildings

Service; 819 Taylor Street, Room 12B; Fort Worth, Texas 76102

2. Nature/Description of Action: Approval is requested to negotiate and issue an EMSA

Exhibit under the terms and conditions of General Services Agency (GSA) Area Wide Contract

(AWC) 47PA0417D0001 for Oklahoma Gas & Electric Company, a public utility company regulated by the Oklahoma Corporation Commission, to provide UESC (Utility Energy Services

Contract) services without full and open competition. The work will be performed at the building sites and locations listed in paragraph 3 below, which is within the Oklahoma Gas & Electric

Company franchised service territory established by Oklahoma state law and the Oklahoma

Corporation Commission, under the terms and conditions of the AWC.

3. Description of Supplies Services: Subject to the provisions of the AWC and

Authorization, Oklahoma Gas & Electric will provide project development and installation efforts to implement energy and water conservation projects in the following building(s)

OK0046 - Oklahoma City Post Office/Courthouse

Dean A McGee Avenue

Oklahoma City, Oklahoma

OK0072 - William J. Holloway, Jr. United States Courthouse

200 NW 4th Street

OK0099 - Oklahoma City Federal Parking Garage

200 NW 5th Street

OK0101 - Oklahoma City Federal Building

301 NW 6th Street

OK0041 - Ed Edmondson United States Courthouse

101 N. 5th Street

Muskogee, Oklahoma

A description of the work requirements for this project is attached hereto. Implementation of this project will allow the United States Government to effectively improve the aforementioned facilities and reduce its electricity, gas and water demand. The energy and water savings will reduce the site’s electricity, gas, and water allocation, resulting in utility cost avoidance and

ShawnaMVillarreal Typewriter (b)(6) compliance with mandatory laws and statutes to reduce energy and water consumption. The total estimated value of this Order to be issued pursuant to the AWC will be approximately

$8.5m to $13 million.

4. Identification of Statutory Authority: 42 U.S.C. Section 8256 of the EPACT encouraged

Government agencies to enter into agreements with electric, water, and gas utilities to design and implement cost-effective demand and conservation incentive programs in order to address the requirements and circumstances of the Government installations. The main purpose of 42

U.S.C 8256 is to authorize the Government to take advantage of the expertise, rebates, and other financial incentives offered to customers of utility service providers for reducing energy consumption (if applicable). This renewable energy project will also assist the aforementioned buildings and locations in meeting the renewable energy goals as established by the EPACT.

Under 42 U.S.C. 8256, the procedures and methods required by the EPACT are “procurement procedures otherwise expressly authorized by statute,” and, as a consequence, are exempt from the Competition in Contracting Act requirement for full and open competition under FAR

6.302-5.

5. Demonstration of Contractor’s Unique Qualifications: Oklahoma Gas & Electric, are the utility companies able to provide comprehensive UESC Energy Management Services (EMS) at the buildings and locations listed in paragraph 3 in accordance with 42 U.S.C. Section 8256. Only Oklahoma

Gas & Electric expressed interest in providing the services.

did not respond to the letters of interest sent out by the

Contracting Officer. The agency analyzed the expression of interest submitted by the one utility company interested in developing and proposing design-build services for a comprehensive energy project throughout the buildings and locations. Based on the evaluation, Oklahoma Gas

& Electric was selected for the aforementioned services and a task order against their Areawide

Contract for the feasibility study was issued to them. This Justification is for the follow-on task order for design and installation and performance period.

6. Potential Sources/Publication of Proposed Contract Action: In accordance with FAR

5.202(a) (4), the CO has determined the contract action is expressly authorized by statute to be made from a specified source. The specified source is the regulated utility company that is participating in the UESC project and the justification will be published in accordance with the requirements in FAR 6.305.

7. Determination of Fair and Reasonable Cost: The anticipated cost to the United States

Government will be fair and reasonable. The Order will be negotiated independently with the price fully substantiated as fair and reasonable. The Utility Contractor will meet the requirements for open competition by selecting each of the subcontractors performing the design-build for the facilities energy improvements under the contract from a group of at least three competitors utilizing their competitive source selection process in accordance with FAR

52.244-5. Documentation will be required if the utility contractor is not able to obtain competitive pricing for any Energy Conservation Measure (ECM).

8. Description of Market Survey: According to the market survey, Oklahoma Gas & Electric, are the utility companies willing and able to provide UESC EMS at the buildings and locations listed in paragraph 3.

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Oklahoma Gas and Electric was selected after a competitive selection process as discussed in paragraph 5.

9. Any Other Supporting Facts: Oklahoma Gas & Electric with Ameresco can provide all of the UESC EMS design, installation and funding as well as the timely execution of the needed services. In addition to monetary incentives approved by the Oklahoma Corporation

Commission, the associated costs for procurement, contract administration, and performance assurance being performed by Oklahoma Gas & Electric on behalf of the United States

Government represent a significant savings in time and costs.

10. Listing of Interested Sources: Only Oklahoma Gas & Electric, were utility companies available at the buildings and locations listed in paragraph 3 to provide the United States Government with the comprehensive EMS and rebates and other financial incentives required for this project. Oklahoma Gas & Electric was selected as the most competent to accomplish this specific project as discussed in Paragraph 5.

11. Actions Taken to Remove Barriers to Competition: The Energy and Acquisition

Support Branch team met with utility companies providing utility services at the buildings and locations listed in paragraph 3 to ascertain their interest, qualifications, and experience in providing UESC EMS. Only Oklahoma Gas & Electric expressed interest. Competition for the design and installation was completed in accordance with FAR 52.244-5 subcontractor selection process.

12. Statement of Delivery Requirements: The Order will be negotiated and awarded for project development, design, and installation for the buildings and locations listed in paragraph

3 by August 31, 2020. See the attached scope of work for a description of the work requirements.

13. Total Estimated Dollar Value of the Acquisition Covered by this J&A: The United

States Government estimated total cost of accomplishing the work is approximately $8.5m to

$13.5 million for a period less than 25 years.

14. Reference to the Approved Acquisition Plan (AP): An Acquisition Plan shall be developed and routed with the Justification.

15. Documentation for Spare/Repair Parts Acquisition: Contractor shall provide spare parts list in the official close out documentation to be submitted at the end of the project.

CERTIFICATION AND APPROVAL

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(b)(6)

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TECHNICAL/REQUIREMENTS

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:

_ _________________08/17/2020______________

Signature (Steve Rutledge) and Date

CO CERTIFICATION

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

_____________________________________ 08/17/2020_____________

Signature (Teresa Thompson) and Date

LEGAL SUFFICIENT REVIEW

I have determined this Justification is legally sufficient.

_________________________________________08/17/2020_________

Signature (Helen Kearns) and Date

(b)(6) - Steve Rutledge

ShawnaMVillarreal Typewriter (b)(6) Teresa Thompson

ShawnaMVillarreal Typewriter (b)(6) - Helen Kearns

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ONE LEVEL ABOVE CO

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

___________________________________________08/17/2020________

Signature (Carolyn Smith) and Date

APPROVING OFFICIAL - GSA PBS R7 COMPETITION ADVOCATE

Upon the basis of the above Justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 6.302-5.

____________________________________________08/18/2020________

Signature (Charlie Hart) and Date

Enclosures

(b)(6) - Carolyn Smith

ShawnaMVillarreal Typewriter (b)(6) - Charlie Hart

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