S_A12_FBO_CAA_JOFOC_Water_FY-17.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – WATER UTILITY SERVICE

UNITED STATES PENITENTIARY CANAAN

WAYMART, PENNSYLVANIA

Contractor: Aqua America, Inc.

Period of Coverage: 10/1/2016 through 9/30/2017

Estimated Amount: $326,050.00

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Water Utility Service

(a) Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1(a)(1), 6.302-1(b)(3), and the Bureau of Prisons Acquisition Policy (BPAP) 4100.05

Subpart 6.304(b), the Federal Bureau of Prisons (FBOP) has determined that the procurement of water utility service for the United States Penitentiary (USP)

Canaan located near Waymart, Pennsylvania, 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(a) this justification contains sufficient facts and rationale to justify the use of the specific authority cited:

(b)(1) Identification of the Agency:

U.S. Department of Justice

Federal Bureau of Prisons

USP Canaan

P.O. Box 400, 3057 Easton Turnpike

Waymart, PA 18472

(b)(2) Nature and/or description of action being approved:

This action is for the acquisition of Water utility services supplied to USP Canaan, from the sole provider of such services for the period of October 1, 2016 – September 30, 2017.

(b)(3) Description of supplies or services required to meet the agency needs:

The contractor Aqua America (Aqua Pennsylvania, Inc.) shall provide water utility services for the period from the October 1 through

September 30, 2017. The total estimated annual amount for water utility service is $326,050. The figures were produced from previous usage history.

(b)(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.

253(c)(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 are stated at FAR Part

6.302-1(b)(3), “When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the service

(see 41.202).

(b)(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

JOFOC USP CANAAN

Water Utility Services

Water service is only available from Aqua America (Aqua Pennsylvania, Inc.) for the geographic location of the facility. Aqua America (Aqua Pennsylvania, Inc.) is a provider of water service in the USP Canaan area that is regulated by the Pennsylvania Public Service Commission.

Service Agreements are not required under the rules and regulations of PPSC. All rates are approved by the PPSC.

(b)(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 and, if not, which exception under 5.202 applies;

As stated in FAR Part 5.202, Exceptions to transmitting a notice to the Government Point of Entry(GPE) at (a) (5), 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."

(b)<7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable;

The estimated average monthly cost for the water utility service is $27,170. The current rates offered by Aqua America (Aqua Pennsylvania, Inc.) are comparable to the market price levied other commercial and industrial users in the USP Canaan area. Aqua America (Aqua Pennsylvania, Inc.) has provided sufficient data to the FBOP contracting officer, pursuant to FAR 15.402, Pricing Policy, allowing the ability to make a preliminary determination that such anticipated costs appear to be fair and reasonable.

<b)(8) A description of the market research conducted and the results or a statement of the reason market research was not conducted;

The market research conducted by the contracting office and the Facilities Department personnel determined that a GSA areawide contract is not available, GSA has not pursued a single point contract, and GSA has delegated contracting authority to the FBOP for utility requirements. Also, Aqua America (Aqua Pennsylvania, Inc.) is the current water utility service provider for USP Canaan and has serviced the facility since the institution was dedicated.

(b)(9) Any other facts supporting the use of other than full and open competition:

The provision of water utility services is essential for the orderly operation of USP Canaan, which collectively houses 1550 inmates. State regulations and FBOP Construction Contracting have limited the providers of this service to only one provider.

Water Utility Services

(b)(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

No other sources have ever expressed an interest in this acquisition.

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

At the present time, full and open competition is not available for this requisition. GSA has not pursued an area-wide contract, pursuant to FAR Part 41. Contracting staff continue to conduct appropriate market research to determine if sources capable of satisfying the agency's requirement exist. Water service provided by Aqua America {Aqua Pennsylvania, Inc.) to USP Canaan near Waymart, PA, has been under contract JXOOc-383 since the institution was constructed. The contract expired in July 2010. A RCA Packet was submitted to the Field Acquisition Office for the requirement.

Water Utility Services

(b)(12) Contracting Officer’s Certification:

I hereby certify that this request for Justification and Approval of other than Full and Open Competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that 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 advance planning or a desire to expend funds while those funds are still available.

//Signed// _7/26/2016_

Dennis Dempsey, Contract Specialist Date

Field Acquisition Office

(c) I hereby certify that the supporting data, provided by the technical and requirements personnel, which form the basis for this justification is complete and accurate to the best of my knowledge and belief.

//Signed// 6/28/2016

Benjamin Bush, Facility Manager Date

USP Canaan

Concurrence:

//Signed// 6/28/2016

J. Gilley, Acting Warden Date

USP Canaan

Approved:

//Signed// 7/27/2016

Jill D. Ryan, Chief Date

Field Acquisition Office