JOFOC_Posting.docx

July 2018

JUSTIFICATION FOR OTHER THAN FULL

AND OPEN COMPETITION (JOFOC)

U.S. Department of Energy National Energy Technology Laboratory

Utility services: potable water, sanitary sewage, and wastewater disposal, and private fire service.

19FE000916

I recommend that negotiations be conducted only with Morgantown Utility Board for the supplies or services described herein:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for Other than Full and Open Competition.”

Agency: Department of Energy Contracting Activity: National Energy Technology Laboratory (NETL).

Justification for Other than Full and Open Competition for potable water, sanitary sewage, and wastewater disposal, and private fire service provided by the Morgantown Utility Board

2. The nature and/or description of the action being approved, i.e. sole source, limited competition, establishment of a new source, etc.

Sole Source.

3. A description of the supplies or services required to meet the agency’s needs.

Utility services: potable water, sanitary sewage, and wastewater disposal, and private fire service.

4. The statutory authority permitting other than full and open competition.

FAR 6.302-1(b)(3) acquiring utility service where circumstances dictate that only one supplier can furnish the services.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Utility service only one supplier can furnish services.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOpps announcement was made and what response, if any, was received, and include the exception under FAR 5.202 when not synopsizing. Describe whether any additional or similar requirements are anticipated in the future. (This may not be included as an addendum, but must be in the body of the JOFOC.)

A Fed Biz Ops announcement was not made. Synopsis exempted under FAR 5.202(a)(5) action is for utility services other than telecommunications and only one source is available.

7. Cite the anticipated dollar value of the proposed acquisition including options if applicable and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 41.103(b), the anticipated dollar value is $710,000 for a period of 10 years. The Contracting Officer will determine the price fair and reasonable prior to award.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted. Do not simply refer to the sources sought synopsis.

Verified that a Government Wide Acquisition Contract (GWAC) was not available for the City of Morgantown. In addition, NETL Morgantown is located within the city limits of Morgantown, WV. As such, these services are mandated and provided by the local city Government: Morgantown Utility Board.

9. Any other facts supporting the use of other than full and open competition, such as:

N/A

a. Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available.

b. When FAR Subpart 6.302-2 is cited for follow on acquisition as described in FAR 6.302-1(a)(2)(ii), an estimate of cost to the Government that would be duplicated and how the estimate was derived.

c. When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

N/A

11. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

N/A