S_A12_FBO_JOFOC_BEN_Natural_Gas_Utility_Service.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – NATURAL GAS UTILITY SERVICE

FEDERAL CORRECTIONAL INSTITUTION BENNETTSVILLE

BENNETTSVILLE, SOUTH CAROLINA

Contractor: City of Bennettsville

Period of Coverage: 11/1/2016 through 9/30/2017

Estimated Amount: $270,900.00

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Natural Gas Utility Service FCI Bennettsville

Pursuant to Federal Acquisition Regulation (FAR) Subpart 6.302-1(a)(1) and 6.302-1 (b)(3), and the

Bureau of Prisons Acquisition Policy (BPAP) 4100.05 Part 6.304(b), the Federal Bureau of Prisons

(FBOP) has determined that the procurement of natural gas service for the Federal Correctional

Institution Bennettsville, South Carolina, 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:

1. Agency:

Department of Justice

Federal Bureau of Prisons

Federal Correctional Institution Bennettsville

696 Muckerman Rd

Bennettsville, SC 29512

2. Description of action being approved:

This action is for the sole source acquisition of natural gas service for FCI Bennettsville from the sole source supplier for that area.

3. Description of the services required to meet the agency needs:

The requirement is for natural gas utility service from November 1, 2016, through September 30, 2017, subject to funds availability (FAR Clause 52.232.18). The services will be procured by way of purchase order. The estimated cost for natural gas utility service is $270,900.

Contract Line Item Number Performance Period Estimated Cost

CLIN 0001 November 1-30, 2016 $23,500.00

CLIN 0002 December 1-31, 2016 $34,000.00

CLIN 0003 January 1-31, 2017 $36,000.00

CLIN 0004 February 1-28, 2017 $39,000.00

CLIN 0005 March 1-31, 2017 $33,000.00

CLIN 0006 April 1-30, 2017 $31,000.00

CLIN 0007 May 1-31, 2017 $20,000.00

CLIN 0008 June 1-30, 2017 $15,000.00

CLIN 0009 July 1-31, 2017 $13,000.00

CLIN 0010 August 1-31, 2017 $13,300.00

CLIN 0011 September 1-30, 2017 $13,100.00

Total Estimated Cost: $270,900.00

JOFOC FCI BENNETTSVILLE

NATURAL GAS UTILITY SERVICE

4. 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). The exceptions which permit use of the cited statutory authority are stated at FAR Subpart 6.302-1 (b) (3), “Only one responsible source and no other supplies or services will satisfy agency requirements.” This section states that when acquiring utility services (see 41.101), circumstances may dictate that only one supplier can legally furnish the services (see 41.202).

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The City of Bennettsville is the sole provider of natural gas service in the Bennettsville service area.

The City of Bennettsville is authorized by city ordinance as the sole authorized provider of natural gas usage in the Bennettsville area. All rates are regulated by City ordinance.

6. Efforts made to solicit from as many sources as practicable, including whether or not a Notice was or will be publicized as required by FAR 5.2:

As stated in FAR Part 5.202(a)(5), “the contract action is for utility services other than telecommunications services and only one source is available.” Therefore, notice of this procurement action is not required to be published in Government wide point of entry (GPE).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable based on review of prices available for similar services currently being provided. The estimate is based on historical data from the past year.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted:

Market research conducted in accordance with FAR Part 10 and to the extent commensurate with the urgency, established value, and complexity of the requirement. The City of Bennettsville is the only utility provider that furnishes both supply and delivery of natural gas in the Bennettsville area.

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

It is in the best interest of the Government to procure these services from the only source available. Failure to procure these services for FCI Bennettsville would severely disrupt the orderly operation of the institution.

10. List of sources, if any, that expressed, in writing, interest is the acquisition:

There were no other sources which expressed an interest in this acquisition or that would be able

JOFOC FCI BENNETTSVILLE

NATURAL GAS UTILITY SERVICE

to provide the service to meet the minimum requirements of the government.

11. Actions taken by the agency to remove or overcome barriers to competition:

The FBOP will continue to monitor the market 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 the FBOP will take appropriate action to ensure these services are competed.

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 is 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\\ 10/24/2016

Dennis Dempsey, Contract Specialist Date

Field Acquisition Office

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

Steve Rivera, Facility Manager Date

FCI Bennettsville

Concurrence:

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

M. Travis Bragg, Warden Date

FCI Bennettsville

Approval:

//SIGNED\\ for 10/28/2016

Jill D. Ryan, Chief Date

Field Acquisition Office