Justification Approval_USAFA_Comm_Elec-Nat_Gas.pdf

10/21/2015

SHAFFER.MICHA

EL.G.1044850571

Digitally signed by SHAFFER.MICHAEL.G.1044850571 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DECA, cn=SHAFFER.MICHAEL.G.1044850571 Date: 2015.10.21 14:19:59 -04'00'

February 2, 2016

KIRKLAND.FLOYD.L

.JR.1067833224

Digitally signed by KIRKLAND.FLOYD.L.JR.1067833224 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DECA, cn=KIRKLAND.FLOYD.L.JR.1067833224 Date: 2016.02.02 10:54:41 -05'00'

Control Number: HDEC05-15-53

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING OFFICE: Defense Commissary Agency Enterprise Acquisition Division Store Support Services Branch 1300 E Avenue Fort Lee, Virginia 23801-1800

2. TYPE OF CONTRACT ACTION: The type of action contemplated is a continuation of utility services by a DeCA contract through Electric and Natural Gas authorizations under the new GSA Areawide Public Utility contract. Defense Commissary Agency (DeCA) contract is created for funding and payment through the Defense Finance and Accounting Service. Contract is expected to be fixed price, as determined by rates established by the local municipal utility and regulated under Title 40 Article 3.5 of the State of Colorado Revised Statutes. The contract will also be indefinite quantity, depending upon actual usage by the Commissary. This effort will utilize Defense Working Capital Funds.

3. DESCRIPTION OF SUPPLIES/SERVICES: The USAF Academy Commissary currently receives electrical and natural gas utility services from Colorado Springs Utilities through authorizations under GSA Areawide Public Utility contract GS-00P-06-BSD-0399; DeCA contract number HDEC05-12-C-0003. This contract expires on June 9, 2016; on its third “option” period. The estimated base period award is $153,400 for both services for the period of June 9, 2016 through June 8, 2017. The base period and nine 12-month “option” periods will be at an estimated $1,746,000 total for both services; contract period of performance will end at midnight on June 8, 2026. The current GSA Areawide Public Utility contract expires on May 29, 2016, however the authorization forms have a date of June 8, 2016. The new GSA Areawide Public Utility contract has not been awarded as of this date, but is expected to be awarded prior to expiration of the current contract. FAR 41.103(b) allows for a utility contract for more than one year, but no more than 10 years. In absence of competition or interagency contracts, FAR 41.204(c)(1) directs Federal agencies to use a GSA Areawide Public Utility contract.

4. AUTHORITY CITED: Statutory Authority 10 U.S.C. 2304 (c) (1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED: The State of Colorado, under its Public Utilities Commission, regulates utility companies operating within its borders. Each utility company can only provide service within its own authorized area. The location of the USAF Academy Commissary is serviced by Colorado Springs Utilities, a municipal utility. Municipal utilities are partially regulated by the Colorado Public Utilities Commission and partially by their city council (Colorado Springs City Council). No interagency contract vehicle exists for this service.

A GSA Areawide Public Utility contract is in effect and another will replace it prior to the current contract’s expiration, therefore per FAR 41.204(c)(1), the GSA contract is the only source available.

Control Number: HDEC05-16-05

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of electrical and natural gas utility services for the USAF Academy Commissary on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), provided funds are available, or will be available, and provided that the services and property herein described have otherwise been authorized for acquisition.

APPROVED:

_________________________________ Date ___________________ Floyd Kirkland DeCA Competition Advocate

February 2, 2016

KIRKLAND.FLOYD

.L.JR.1067833224

Digitally signed by

KIRKLAND.FLOYD.L.JR.1067833224

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DECA, cn=KIRKLAND.FLOYD.L.JR.1067833224 Date: 2016.02.02 10:55:59 -05'00'