JOFOC_SAF_Wastewater_Treatment_Utility_FY_19_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FCI Safford, AZ – Wastewater Treatment Service JOFOC

FY 2019

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 (b), the Federal Bureau of Prisons (BOP) has determined that the procurement of wastewater treatment service for the Federal Correctional Institution located in Safford, Arizona 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 1529 W. U.S. Hwy 366 Safford, AZ 85546

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

This justification for other than full and open competition is for the acquisition of wastewater treatment service provided to the Federal Correctional Institution (FCI) located in Safford, Arizona. The City of Safford is the only responsible provider of such services in the area. FCI Safford has a present and continuing requirement for wastewater treatment service for the orderly operation of the facility.

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

FCI Safford requires wastewater treatment service 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 Arizona. Services shall be provided on a dependable and adequate daily basis 365 days per year. The City of Safford will be responsible for maintaining all associated equipment, including costs for such repair, up to the delivery point of meter of FCI Safford.

The monthly estimated cost for wastewater treatment service is detailed below.

Contract Line Item Number Performance Period Estimated Cost ($)

CLIN 0001 –

Total Estimated Cost:

Federal Bureau Of Prisons- FCI Safford JOFOC- Wastewater Treatment Services

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

This justification for other than full and open competition 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), when the supplies or services required by the agency are available from the only one source. The application which permits use of the cited statutory authority is stated at FAR 6.302-1 (b) (3) When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the services (see 41.202).

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

The City of Safford is authorized by approved City Ordinance as the sole authorized provider of sewage treatment service to the FCI located in Safford, Arizona. This authority is established and documented in the City of Safford’s Code of Ordinances, Chapter 13.16.90 entitled “Mandatory connection to the city wastewater system once available”. It states the following:

“Within twenty-four (24) months from the date that the director provides notice of sewer availability, as defined in this code, a real property owner with building or water fixtures thereon shall consent to direct connection to the city wastewater system in accordance with the city design requirements, the adopted Uniform Plumbing Code, as amended, and all applicable state, county and city regulations. If within twenty-four

(24) months of notice the property owner notifies the city in writing of the owner's consent to connect, the city shall make connection at no cost to the property owner.”

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

The current rates offered by the City of Safford have been approved by City Ordinance and implemented as law for all classes of customers within their area of coverage.

Monthly bill reviews will establish mechanisms to ensure that prices are billed as indicated by the Ordinance and any discrepancies may be addressed with the City for clarification, correction and/or bill adjustment.

8. Description of the Market Survey Conducted:

FCI Safford has a present and continuing need for sewage treatment services. Market research has revealed the North American Industrial Classification System (NAICS) code for sewage treatment services is 221320. According to its classification, this industry comprises establishments primarily engaged in operating sewer systems or sewage treatment facilities that collect, treat, and dispose of waste. The City of Safford offers these services and is currently registered under this NAICS code.

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

The provision of sewage treatment service is essential for the orderly operation of FCI Safford, which is designed to house over 1,100 inmates. City ordinances have been established designating the City of Safford as the only legal authority to provide sewage treatment service to various classes of users within the coverage area, including, but no limited to FCI Safford.

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

No sources have expressed written interest in this utility acquisition.

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

Contracting and utility requirement staff will continue to conduct appropriate market research to determine if sources capable of satisfying the agency’s requirement exist and to overcome competition barriers. Should opportunities arise in the future the BOP will take appropriate action to ensure the most cost effective sewer treatment services are obtained for FCI Safford.

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 and Approved by:

//Signed// 10/10/18 Darrell McKeel, Contracting Officer Date

Field Acquisition Office