JOFOC Liberty FY23 Oct-December Revised Amount Increased.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Natural Gas Supply & Delivery

(a) Pursuant to Federal Acquisition Regulations (FAR) Part 6.302-l(b)(3) and the Federal Bureau of Prisons (FBOP) Acquisition Guidance Document (AGO) 06-006, FCI Berlin has determined that the procurement of natural gas supply and delivery services for Fiscal Year 2023 for FCI Berlin located in Berlin, NH, 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 infom1ation in accordance with FAR Part 6.303-2:

(1) IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

Department of Justice Federal Bureau of Prisons FCI Berlin 1 Success Loop Rd Berlin, NH 03570

(2) NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

This action is for the acquisition of natural gas supply and delivery to FCI Berlin from the sole provider of such services. Pursuant to FAR Part 41 for a 3-month period, FY-2023.

(3) DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY NEEDS:

The contractor shall provide natural gas supply and delivery for the period of October 1, 2022, through December 31, 2022.

The total estimated amount natural gas supply and delivery is $182,198.85.

(4) AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The statutory authority for these services is found at 41 U.S.C. 253(C)(l ). When the supplies or services required by the agency are available from only one responsible source.

The application which permits use of the cited statutory authority are stated at FAR Part 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). Only one responsible source & no other supplies or services will satisfy agency requirement."

(5) A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

The vendor, Energy North Natural Gas, Inc., dba: Liberty Utilities (Liberty) is the only responsible provider of natural gas in the Berlin, NH service area; furthermore, they are the only supplier that can provide both supply and delivery of natural gas.

(6) A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

INCLUDING WHETHER OR NOT A NOTICE WAS OR WILL BE PUBLICIZED

AS REQUIRED BY FAR SUBPART 5.2.

As stated in FAR Part 5.202(a)(5), Exceptions to transmitting a notice to the Government Point of Entry, the contracting officer need not submit a notice when "the proposed contract action is for utility services other than telecommunications services and only one source is available."

(7) A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer has determined that the estimated price of $182,198.85 for the period of (3) months is fair and reasonable. The estimated price is consistent with what the Federal Bureau of Prisons paid during the last fiscal year.

(8) DESCRIPTION OF THE MARKET RESEARCH:

Market research was conducted in accordance with FAR Part 10 and to the extent commensurate with the urgency, established value, and complexity of the requirement.

Liberty Utilities is the only utility company that provides supply and delivery of natural gas in the area of 1 Success Loop Road, Berlin, NH, 03570.

(9) OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

The provision of natural gas supply and delivery services is essential for the orderly operation of FCI Berlin.

(10) A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN

WRITING, AN INTEREST IN THE ACQUISITION:

None.

(11) A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

ANY SUBSEQUENT ACQUISITION FOR THE SERVICES REQUIRED:

None. Liberty Energy Utilities (New Hampshire)., dba: Liberty Utilities (Liberty) is the only distributor of natural gas services in the FCI Berlin area.

(12) CONTRACTING OFFICER'S 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, and that I would be making this request if it were feasible to fully compete this requirement. I further certify that this request is not the result of lack of advance planning or a desire to expend funds while those funds are still available.

I I i

Approved By: __ , r

TARYN JON Es -~- }, Digi,tallysigned by TARYN JONES ,; ~·--~Date: 2022.12.19 08:21 :37 -06'00'

Taryn Jones, Contract Officer Field Acquisition Office

·, Digitally signed by KRISTEN

KRISTEN CROTEAU CROTEAU •

. / -~ ~ te: 2022.12.19 07:49:58 -05"00'

Kristen Croteau, Gontract Specialist FCI Berlin .

Date

Date

I hereby ,certify· that_ th~ supporting daf~ pr9videct by the technical and r;guirement personnel which form the basis for this jhstificatioh is complete and· accurate1 to the best

I - •. • of my knowledge and belief.

J

· Bradley Snyder, Acting Facilities Manager FCI Berlin . .

Date

Concurrence: .

In accordance with BPAP 4100.05 Subpart 6.-304, I certify I have reviewed this justification and find it adequate to support other than full and open competition.

Richard Luna, Warden FCI Berlin

Date