Performance_Period_19_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Federal Correctional Institution – Dublin, CA – FY 2019

Sewer Treatment Utility Service

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (3), and Bureau of Prisons Acquisition Policy 6.304 (c), the Federal Bureau of Prisons (BOP) has determined that the procurement of sewer treatment utility services for the Federal Correctional Institution located in Dublin, CA meets the criteria established for other than full and open competition. It is further determined that only one responsible source and no other supplies and/or services will satisfy agency requirements. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Institution

5701 8th Street – Camp Parks Dublin, CA 94568

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

This justification for other than full and open competition is for the acquisition of sewer treatment services for the Federal Correctional Institution located in Dublin, CA from the sole provider of such services in the Dublin, CA area. The Federal Correctional Institution in Dublin, CA has a continuing need for the provision of sewer treatment services.

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

The Federal Correctional Institution in Dublin, CA requires sewer treatment utility services in a manner that is consistent with all applicable laws, rules, codes, industry standards, permits and regulations, promulgated by any and all governmental authorities having jurisdiction in the State of California. Services shall be provided on a dependable and adequate daily basis (365) days per year. Dublin San Ramon Services District will be responsible to maintain and/or repair all associated sewer treatment pipelines and equipment, including associated costs for such repair, up to the delivery/transport point or meter of FCI Dublin. Pursuant to FAR Part 41.202, the contractor is required to provide the “entire sewer treatment utility service”(i.e., capacity, standby or backup service, transmission and/or distribution service, quality transportation, assurance, system reliability, system operation and maintenance, metering, billing, etc.).

Sewer treatment services are required from January 1, 2019 through September 30, 2019.

All funding is subject to Funds Availability (FAR Clause 52.232-18). The services will be procured by way of purchase order.

Contract Line Item Number Performance Period Estimated Cost ($)

CLIN 0001

Total Estimated Cost:

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

This justification to award as a sole source is prepared pursuant to the exception to full and open competition requirements in accordance with the statutory authority for these services that is found at 41 U.S.C. § 3304 (a) (1) and FAR 6.302-1 (b) (3) which states “When acquiring utility services (see FAR 41.101), circumstances may dictate that only one supplier can furnish the service (see F.A.R. 41.202) 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. Analysis of the market indicates that the Dublin San Ramon Services District has proprietary rights up to the meters at FCI Dublin.

The current requirement is for follow-on services and does not include funding for capital improvements.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

Dublin San Ramon Services District is the local community services district and is in the business of providing water and sewer treatment services to the local community in the Dublin, California area. Additionally, the Dublin San Ramon Services District has been the sole provider of sewer treatment services to FCI Dublin since the construction of the institution. Dublin San Ramon Services District is the sole provider of sewer treatment service for the Dublin, CA area and all classes of end users in that service area. Dublin San Ramon Services District has approved rates issued by the District Board. The District Board is empowered by the laws of the State of California to enact and approve such rates for their service territory.

All rates are regulated and approved by Dublin San Ramon Services District Board.

6. Efforts Made to Solicit from as Many Sources as Practicable Including 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 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 Dublin San Ramon Services District are equal to the market price levied for other users in the same rate class as FCI Dublin.

The Dublin San Ramon Services District is established and operated in accordance with California Government Code 61000 et. seq. This act provides a community services district, such as the Dublin San Ramon Services District, the broad authority to provide public services, such as sewer treatment, to a local municipality, Cal. Gov. Code § 610001

(c) (1). It has been given exclusive authority to set rates by the Alameda County Local Area Formation Commission, a county entity authorized by California Government Code 56000 et. seq. to decide boundary decisions for local government entities such as service districts.

The Dublin San Ramon Services District’s website provides sufficient cost and fee data to allow the contracting officer to make a preliminary determination that such anticipated costs appear to be fair and reasonable. The Federal Acquisition Regulation has indicated that “A formal decision in the form of periodic rulings, reviews, or similar actions of a governmental boy, or embodied in the laws, are sufficient to set pricing (see FAR 15.403-1[c] [2].” The establishment of the current supply and delivery of services began when the original service connections were installed.

. The sewer treatment rates have been deemed fair and reasonable through market research performed by the Contracting Officer and as shown in supporting documentation.

8. Description of the Market Survey Conducted:

The Dublin San Ramon Services District is the sole provider of sewer treatment services for the cities of Dublin and San Ramon. As a services district, it is authorized to be the sole provider of sewer treatment service to the City of Dublin.

As a result, this requirement cannot be conveniently or economically obtained by contracting to a private source. Market Research revealed that the Dublin San Ramon Services District is the only authorized sewer treatment utility supplier capable of and authorized to provide these services. FCI Dublin is physically located within the Dublin San Ramon Services District’s service area of Alameda County.

Additional Market Research has also revealed that the North American Industrial Classification System (NAICS) code for 221320, “Wastewater/Sewage Treatment Facilities has detailed that establishments with this code are primarily engaged in operating sewer systems or sewage treatment facilities that collect, treat, and dispose of waste”, is best suited for this acquisition. Since the Dublin San Ramon Services District has demonstrated that they are engaged in the operation of such systems and the existence of District Codes, NAICS code 221320 is applicable to this acquisition.

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

A GSA area-wide contract does not currently exist for sewer treatment services in the Alameda County area. FCI Dublin has an ongoing need for these services and would not be able to operate the facility in an orderly fashion if services were interrupted or not provided. Interruption of sewer treatment services would interfere with the continuity of care and normal operations for the staff and the inmate population at FCI Dublin.

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

There were no other sources which expressed an interest in this acquisition or that would be able to provide the service to meet the minimum requirements of FCI Dublin’s sewer treatment service utility requirements. Dublin San Ramon Services District is the only source available to provide the requested services.

11. Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

FCI Dublin will continue to monitor the market trends in the utility industry to seek possible competition through the deregulation of established laws or ordinances.

Deregulation would allow or the introduction of responsive and responsible sources that may be able to meet the minimum needs of FCI Dublin’s sewer treatment utility requirements. Should competitive opportunities arise in the future FCI Dublin will take appropriate action to procure those services in a manner which represents the best value to the government.

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:

//Signed// 12/13/18 Sharon Fernandez, SCS Date

FCI Dublin, CA

//Signed// 12/13/18 Darrell L. McKeel, Contracting Officer Date Field Acquisition Office

Technical or Requirement’s Personnel Certification:

I hereby certify that this request for Justification and Approval of Other than Full and Open Competition is made in good faith that the supporting data and information are accurate and complete to the best of my knowledge and belief:

//Signed// 10/12/18 Douglas Ricks, Facilities Manager Date

Concurrence of:

//Signed// 10/16/18 W.Z. Jenkins II, Warden Date

//Signed// 12/14/18 Al Rauschuber Jr., Chief Date Field Acquisition Office

//Signed// 1/7/19 Loneryl Burns Date

Acting Procurement Executive

Approved by:

_____//Signed//_____________ 1/7/19______ Bradley T. Gross Date Assistant Director for Administration Competition Advocate