JOFOC_LVN Utility Powerline Relocation_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Privatized Corrections Contracting Utility Powerline Pole Relocation Located in Leavenworth, Kansas

1. Agency:

The United States Department of Justice, Federal Bureau of Prisons (Bureau), Administration Division, Acquisitions Branch, Privatized Corrections Contracting (PCC).

2. Description of Action Being Approved:

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1(a) and 6.302-1(b)(3), the Bureau has determined the need for electrical power lines to be relocated in support of the anticipated construction of a new Federal Correctional Institution (FCI) on the United States Penitentiary (USP) Leavenworth property. This limitation on competition is justified as supported by the following information in accordance with FAR Part 6.303-2.

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

The Bureau is undertaking a project which involves the construction of a new FCI on the USP Leavenworth’s property. In order to facilitate the construction, the Bureau is requiring the powerline utility operation/provider, Evergy Kansas Central, Inc., to relocate power lines that run across the property pursuant to an easement issued to Evergy’s predecessor.

Excavation and grading cannot be completed due to the powerlines existing location, and in compliance with The Kansas Overhead Power Line Accident Prevention Act, K.S.A.

66-1709 et seq., which prohibits certain activity that’s likely to place people, machinery, or equipment within 10 feet of an overhead power line.

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

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

06-22-0030, PCC Leavenworth, Utility Powerline Relocation

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

Evergy Kansas Central is the only responsible and authorized provider of electric utility service in the Leavenworth service area. The City of Leavenworth has granted franchise authority under Ordinance No. 7575 to Evergy Kansas Central. The Leavenworth Code of Ordinances Article V states, “An ordinance granting to Evergy Kansas Central, an electric franchise including the right to construct, operate and maintain electric transmission, distribution and street lighting facilities within the corporate limits of the City of Leavenworth, Kansas. Now, therefore be it ordained by the governing body of the City of Leavenworth, Kansas.” This authority permits the Evergy Kansas Central to lawfully be the sole and authorized provider of electric utility service within the Leavenworth service area to include USP Leavenworth. Therefore, Evergy Kansas Central (Evergy) is the sole utility provider for USP Leavenworth who owns and operates the electrical lines, poles, and transformers. Evergy has stated the removal, installation, upgrade, or service to utilities poles, lines, and transformers must be performed by them.

6. Efforts made to solicit from as many sources as practicable, including whether or not a notice was published in the GPE:

No efforts were made to solicit for additional sources as Evergy retains the sole rights to construct, service, or replace their property. Additionally, as stated in FAR Part 5.202(a)(5), exceptions to transmitting a notice to the Government Point of Entry (GPE), 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. Contracting Officer’s determination that cost to the Government will be fair and reasonable:

Evergy provided a detailed cost breakdown of the proposed work for a new 115 kV transmission line, removal of the existing line, and carousel substation with a sum of

. The cost of the Bureaus specific requirement totals at , which includes the removal and installation of a new 115 kV transmission line and supporting infrastructure. Evergy has agreed to cost share of the Bureau’s requirement, as it will support their additional site upgrades. The Bureau’s obligation of the agreement will be $983,300.00. This represents estimated material and installation costs. Any surplus funding will be returned to the Bureau.

The contracting officer has reviewed the supporting documents from Evergy and Bureau subject matter experts, and has determined that the estimated cost of $983,300.00 to be fair and reasonable.

8. Other facts supporting the use of other than full and open competition:

Evergy is the only authorized vendor for installation, service, and upgrade of Evergy property.

9. List of sources, expressing in writing, interest in the acquisition:

Evergy expressed interest in writing for this acquisition.

10. Actions taken by the agency to remove or overcome barriers to competition:

There were no actions taken by the agency because Evergy is the only capable vendor that can install, service, upgrade, or remove the existing utility infrastructure.

11. A statement of actions, if any, the agency may take to remove or overcome barriers to competition before any subsequent acquisition for the supplies or services required:

Contracting and requirement staff continue to conduct appropriate research to determine if sources capable of satisfying the agency’s requirement exist and to overcome competition barriers. Deregulation laws are presently nonexistent, and no alternative source of service is currently available. Evergy is the only public utility energy source provider available for USP Leavenworth. If another potential source emerges, the agency will assess whether competition for future requirements is feasible.

12. Contracting Officer’s Certification:

I certify that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.