JOFOC NG JAN to SEPT.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NATURAL GAS SUPPLY & DELIVERY

Pursuant to Federal Acquisition Regulations (FAR) Part 6.302-1(b)(3), FCI Berlin has determined that the procurement of natural gas supply and delivery services for Fiscal Year 2022 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 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.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY NEEDS:

The vendor will provide natural gas supply and distribution to FCI Berlin from January 1, 2022 through September 30, 2022.

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. § 3304(a)(1). 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 is stated at FAR Part 6.302-1(b) (3), “When acquiring utility services, circumstances may dictate that only one supplier can furnish the services. 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.

FCI Berlin has participated in a GSA/World Energy Reverse Auction for Natural Gas Services in the past. The results of these auctions each indicated that no other vendor is able to provide natural gas and delivery at a lower price than Liberty. GSA confirmed in 2015, 2016, and 2017 that market conditions have not changed significantly. They reasoned that that it would not be in the BOP’s best interest to conduct a reverse auction as no other competitor can supply and deliver gas other than Liberty. They further indicated that Liberty is the only provider who can provide both the supply and delivery of natural gas. An additional consideration is Berlin’s metering. In order to switch suppliers, Berlin would have to upgrade its metering. Berlin currently has a telemeter in place, but would need to hook up a phone line in order for it to receive third-party supply. This would result in additional costs. The market rates currently provided by Liberty reflect the best rate to the government. In addition, this contracting officer made contact with Liberty Utilities in order to ascertain their interest in doing a multi-year contract with FCI Berlin. Liberty does not want to pursue a multi-year contract at this time. FCI Berlin intends to follow up with the GSA and participate in a reverse auction should the market change significantly.

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 $276,963.09 is fair and reasonable based on historical data.

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:

None

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION:

A sources sought announcement was published to www.SAM.gov on May 28, 2021; however, no response was received with regards to FCI Berlin.

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:

FCI Berlin intends to participate in the next available GSA reverse auction for natural gas services should market conditions change to provide competition.

12. CONTRACTING OFFICER'S CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER'S KNOWLEDGE AND BELIEF:

I hereby certify that this request for Justification and Approval of Other than Full and Open Competition is made in good faith, the supporting data and information are accurate and complete to the best of my knowledge and belief and I would not 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 advanced planning or a desire to expend funds while those funds are still available.