S_A12_FBO_GUA_Electric_FY17.pdf

JOFOC MDC GUAYNABO

Electric Utility Services government to assure fair rates for safe and adequate service. The ratemaking process ensures the lowest reasonable rate for consumers while maintaining the financial stability of the utility. Under the law, the utility is entitled to recovery of its reasonable incurred expenses.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

The provision of electric utility service is essential for the orderly operation of MDC Guaynabo, which has a rated capacity to collectively house approximately 1300 inmates. The institution’s primary mission is to hold pre-trails and holdover inmates as a service to the US District Courts and the US Marshals Service for the Districts’ of Puerto Rico and the US Virgin Islands. Commonwealth regulations and ordinances limit the providers of this service to only one.

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

THE ACQUISITION:

There were no other sources which expressed an interest in this acquisition or that would be able to provide the service to meet the minimum requirements of the government.

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:

Contracting and requirement staff continues to conduct appropriate market research to determine if sources capable of satisfying the agency’s requirement exist and to overcome competition barriers. Deregulation laws are presently nonexistent in this area and no alternative source of service is currently available. A review of Federal procurement reporting databases show several other agencies (i.e., Army, Navy, Air

Force, Corps of Engineers, DHS, GEMS, US Coast Guard, DOT, VA, etc.) are issuing purchase orders to the PREPA for their electric utility requirements. As with all other agencies, MDC Guaynabo is a consumer of services from the public utility. If another potential source emerges, the agency will assess whether competition for future requirements is feasible. MDC Guaynabo will continue to monitor the trends in the utility industry to seek competition or sources that may be able to meet the minimum needs of the government and its utility requirements. Should opportunities arise in the future MDC Guaynabo will take appropriate action.

12. CONTRACTING OFFICER CERTIFICATION:

I hereby certify that this request for Justification and Approval of other than Full and Open Competition is made in good-faith and 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 desire to expend funds while those funds are still available.

//SIGNED\\ 12/1/2016

Dennis Dempsey, Contract Specialist Date

Field Acquisition Office

JOFOC MDC GUAYNABO

Electric Utility Services

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\\ 12/1/2016

Juan A. Donis, Facilities Manager Date

MDC Guaynabo

Concurrence of:

In accordance with BPAP 4100.05 Subpart 6.304(c), I certify that I have reviewed this justification and find it adequate to support other than full and open competition.

//SIGNED\\ 12/5/2016

N. Vazquez, Warden Date

MDC Guaynabo

//SIGNED\\ for 12/12/2016

Jill D. Ryan, Chief Date

Field Acquisition Office

//SIGNED\\ for 12/16/2016

Matthew D. Nace, Date

Procurement Executive

Approved:

The Competition Advocate for the procuring activity, designated pursuant to FAR 6.501 and BPAP

4100.05, has reviewed this justification for a proposed contract action. Based on the forgoing determination and findings, I hereby approve this justification on an other than full and open competition basis pursuant to the statutory authority cited in paragraph 4 above, subject to availability of funds, and provided that the service herein described have otherwise been authorized for acquisition.

//SIGNED\\ 12/20/2016

Bradley T. Gross, Date

Assistant Director for Administration