LSJ_Control_26-0006_Redacted.pdf

LSJ Control # 26-0006

b. Justification: As stated in RFO 41.201(d)(1), “Section 8093 of the Department of Defense Appropriations Act of 1988, Pub.L.100-202, provides that none of the funds appropriated by that Act or any other Act with respect to any fiscal year by any department, agency, or instrumentality of the United States, may be used for the purchase of electricity by the Government in any manner that is inconsistent with state law governing the providing of electric utility service, including state utility commission rulings and electric utility franchises or service territories established pursuant to state statute, state regulation, or state-approved territorial agreements.” State. ALA. CODE § 37-14-1 (Enacted in 1984, NO. 84-206, p. 314, § 1. - Revised 2006) states the following:

“The Legislature of the State of Alabama has investigated the economic, financial and environmental impact associated with the potential for duplication of electric distribution facilities used for the furnishing of retail electric service. Among its findings are the conclusion that with respect to retail electric sales, the benefit normally associated with competition between two or more entities for customers is outweighed by the tremendous cost burden which must be borne by such customers associated with the maintenance of two or more duplicate sets of facilities. It is the further finding of the legislature that the existence of duplicate facilities for the furnishing of electricity at retail is not in the public interest because of the adverse impact which such duplication has on environmental and aesthetic values and on safety. It is therefore declared that the policy of the State of Alabama is to ensure effective, economical and orderly supply of electric service at retail to customers in the state and to avoid unnecessary duplication of facilities by electric suppliers for the furnishing of such services which would result in waste and in degradation of the environment. To accomplish these objectives, it is necessary and in the public interest to establish, mandate and implement procedures for determining which electric supplier shall furnish electric service to customers at retail within various areas of the state including areas within present and future corporate limits of municipalities in the state.”

c. Alternative: N/A – No alternatives to provide electrical power distribution to Irvington Site Office.

d. Impact: As a result, of ALA. CODE § 37-14-1, the State of Alabama developed a map which depicts the respective boundaries for each electric service entity. Alabama Power Company is the only electric service provider authorized by the State of Alabama to operate in the areas of the Irvington Project Management Office. The only authorized source that has statutory authority to operate in as a result, of this statute, the State of Alabama developed a map which depicts the respective boundaries for each electric service entity. Alabama Power Company is the only electric service provider authorized by the State of Alabama to operate in the areas of the Irvington Project Management Office. The only authorized source that has statutory authority to operate in this area is Alabama Power company.

6. Efforts to Obtain Competition: There is no competition anticipated for this procurement, because competition would be inconsistent with Alabama state law governing the provision of electric utility services. The requirement was not synopsized for the reasons detailed in paragraph nine (9) of this document. There is a General Services Administration (GSA) area-wide contract to obtain the service; 47PA0425D0028. Competition is not feasible for the reasons outlined in paragraph five (5) of this document. No market research has been conducted because there are no other entities other than Alabama Power that are able to provide electrical service to the ISO. There were no other entities identified through this effort.

a. Effective competition: Due to the statutory restriction regarding the source for electrical services, there are no possible actions to be taken to increase competition for subsequent acquisitions.

b. Subcontracting competition: A small business subcontracting plan will not be required for this acquisition as it is below the $900,000 threshold in accordance with RFO 19.109(a)(1).

7. Actions to Increase Competition: Due to the statutory restriction regarding the source for electrical services, there are no possible actions to be taken to increase competition for subsequent acquisitions.

8. Market Research: There was no market research conducted in accordance with RFO 41.201(e) because Alabama Power Company is a regulated utility service that has territorial rights to the area surrounding the Irvington Site Office. No other source is available to supply electric utility service to this facility.

9. Interested Sources: The utility service procurement is exempt from synopsizing, in accordance with RFO 5.101(b)(vi). The proposed contract action is for utility services other than telecommunications services and only one source is available.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history:

1) Contract number and date of the last several awards:

W9127816F0008 awarded 10 March 2016

2) The competitive status of these actions:

Sole Source

3) Authority previously used for less than full and open competition:

The statutory authority permitting acquisition of the requirement by other than full and open competition is 10 U.S.C. 2304 (a)(1) as implemented by FAR 6.302-1.

Only one responsible source and no other supplies or services will satisfy agency requirements.

4) If any prior contract for this requirement was accomplished using full and open competition or full and open competition after exclusion of sources, include a detailed explanation of the changed circumstances causing this action to now limit the sources: N/A

5) An explanation of any unusual patterns that may be revealed by history, e.g., several consecutive, urgent buy: N/A.

6) An explanation of protests received, if applicable, and actions taken in response to the protest: N/A

b. Other Facts: Alabama Power is the only viable entity that can provide electrical service to the ISO and any attempt to secure a contract through a competitive contract would be futile resulting in excess time and labor unnecessarily.