S_A12_FBO_JOFOC_Form.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – WATER SERVICE

FEDERAL CORRECTIONAL INSTITUTION DANBURY

DANBURY, CONNECTICUT

Contractor: City of Danbury

Period of Coverage: 10/1/16 through 9/30/2017

Amount: $348,000.00

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

(JOFOC)

A. JUSTIFICATION

I recommend the use of other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY NEEDS:

REQUISITION NO.

NAME(S) OF PROPOSED SOURCE(S):

COST ESTIMATE:

As prescribed by FAR

7/2016

THE COMPETITION IN CONTRACTING ACT OF 1984

(place “✓” in appropriate box)

Before requesting this procurement, state one statutory authority for this procurement to be conducted under

“other than full and open competition” procedures. Provide narrative justification associated with the respective stated authority in section B.

i. FAR 8.405-6 – Limiting Sources Justification

ii. FAR 6.302-1(c), 13.106-1(b), or 13.501 – Brand Name Specification

iii. FAR 13.106-1 – Soliciting from a single source / One quote received

iv. FAR 13.501 – Sole Source Acquisition / One Quote received This requirement is an acquisition under the authority of FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items: [ ] authority of 41 U.S.C. 1901 or [ ] authority of 41 U.S.C. 1903.

v. 41 U.S.C. 3304(a)(1), FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements

vi. 41 U.S.C. 3304(a)(2), FAR 6.302-2 – Unusual and compelling urgency

B. DETERMINATION AND FINDINGS (ADD PAGES IF NEEDED)

4. An identification of the statutory authority permitting other than full and open competition:

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

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:

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

8. A description of the market research conducted:

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

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

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:

CERTIFICATION OF TECHNICAL OR REQUIREMENTS PERSONNEL

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.

TECHNICAL OR

REQUIREMENTS

PERSONNEL (Name & Title)

(Signature) (Phone Number)

(Date)

PROCUREMENT OFFICE 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.

CONTRACTING OFFICER

(Name & Title)

(Signature) (Phone Number)

(Date)

//Signed//

SHALL HAVE THE CONCURRENCE OF:

O V

E R

,0

CHIEF EXECUTIVE OFFICER

(Name and Title)

(Signature) (Phone Number)

(Date)

O V

E R

,5

,0

REGIONAL DIRECTOR (Name and Title)

(Signature) (Phone Number)

(Date)

O V

E R

,0

FBOP PROCUREMENT

EXECUTIVE (Name and Title)

(Signature) (Phone Number)

(Date)

O V

E R

.5

,0

COMMERCIAL LAW BRANCH

(Name and Title)

(Signature) (Phone Number)

(Date)

SHALL HAVE THE APPROVAL OF:

O V

E R

,0

CHIEF OF THE CONTRACTING

OFFICE (Name and Title)

(Signature) (Phone Number)

(Date)

//Signed// for

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.

O V

E R

,0

FBOP COMPETITION

ADVOCATE (Name and Title)

(Signature) (Phone Number)

(Date)

O V

E R

,5

,0

FBOP DIRECTOR (Name and

Title)

(Signature) (Phone Number)

(Date)

O V

E R

,5

,0

DOJ SENIOR PROCUREMENT

EXECUTIVE (Name and Title)

(Signature) (Phone Number)

(Date)

NOTE: Each review must be preceded by lower level concurrence and approval(s). e.g., over $62.5 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL.

JOFOC FCI DANBURY

Water Utility Services

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

WATER UTILTIY SERVICE FCI DANBURY

3. A Description of the Supplies or Services Required to Meet the Agency’s Needs: Continuation:

Contract Line Item Number Performance Period Estimated Annual Cost ($)

CLIN 0001 October, 2016 $29,000.00

CLIN 0002 November, 2016 $29,000.00

CLIN 0003 December, 2016 $29,000.00

CLIN 0004 January, 2017 $29,000.00

CLIN 0005 February, 2017 $29,000.00

CLIN 0006 March, 2017 $29,000.00

CLIN 0007 April, 2017 $29,000.00

CLIN 0008 May, 2017 $29,000.00

CLIN 0009 June, 2017 $29,000.00

CLIN 0010 July, 2017 $29,000.00

CLIN 0011 August, 2017 $29,000.00

CLIN 0012 September, 2017 $29,000.00

Total Estimated Cost: $348,000.00

8. A Description of the Market Research Conducted and the Results: Continuation:

I. BACKGROUND: A review of the obligation reveals the following – the FCI Danbury has a current and continuing requirement for the purchase of water utility service for the continuation of normal operations of the institution in order to provide a safe, secure environment to confine offenders and protect the public. FCI Danbury has purchased water and wastewater service from this same vendor since the institution was dedicated.

A. Title: Water Utility Service – FCI Danbury

B. Product or Service Code: S-Utilities and Housekeeping Services-S114 Utilities-Water

C. North American Industry Classification System (NAICS): 221310 Water Supply and

Irrigation Systems=this industry comprises establishments primarily engaged in operating water treatment plants and/or operating water supply systems.

D. Standard Industrial Classification (SIC) Code: 4941 Water Supply

E. FMIS Subobject Classification Code: 2314 Utility charge for water.

II. DELIVERY / PERFORMANCE: Purchase order to provide water utility services October 1, 2016, through the month of September 30, 2017. The City of Danbury shall provide to the government facility at FCI Danbury, water utility services in a manner and form that is consistent with all applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all governmental authorities having jurisdiction. The City of Danbury shall provide services on an un-interruptible daily basis (365) days per year. The City of Danbury will be responsible to maintain and/or repair all associated water lines and equipment, including associated costs for such repair, up to the delivery point or meter of FCI Danbury. Pursuant to FAR Part

41.202, the City of Danbury continues to provide the “entire water utility service” (i.e., production, distribution, treatment, system operation and maintenance, metering, billing, etc.).

III. POTENTIAL SOURCES: City of Danbury, Mayor Office, 155 Deer Hill Avenue, Danbury, CT

06810-7728

IV. MARKET ANALYSIS:

A. The results of market research have determined that the Government's needs can be met by items of a type customarily available in the commercial marketplace.

B. The following techniques were utilized to conduct Market Research:

X Reviewed historical acquisition information.

X Personal knowledge in procuring supplies/services of this type.

X Review of Government and/or commercial databases for relevant information.

X Contacting knowledgeable individuals in Government and Industry regarding market capabilities to meet requirements.

X Reviewing results of recent market research undertaken to meet similar or identical requirments.

X FedBizOpps Sources Sought Synopsis; Found no other interested party capable of providing water utility service.

X Searched database and contacted GSA Energy Center of Expertise; Found no area wide or single point contract is available.

X Searched FPDS-NG; Found Department of the Interior, VA, and the FBOP are purchasing water service from the City of Danbury.

X Searched previous purchases of similar/identical acquisitions; Found the City of Danbury is current provider to FCI Danbury. This is a continuation of service.

C. Results: Results of Market Research were as follows: Only one source could be found.

A Justification for Other Than Full and Open Competition is provided for approval.

V. COMMENTS: Based on the results of the above research, it is determined that this requirement can met by a commercial item. Water utility service is an item that is of a type customarily used by the general public and by non-governmental entities for purposes other than governmental purposes.

This Contracting Officer, as the awarding official, has determined that the award of the water utility service purchase order will be performed by the City of Danbury a Government entity. Market research involves obtaining information specific to the item being acquired. The market research conducted by the contracting office and facility department personnel determined that a GSA area-wide or single point contract is not available in accordance with Title 31 USC § 1535. No

Interagency Agreement is available for use either. GSA is specifically authorized by law and regulation to purchase utility services on behalf of other agencies by providing an Assisted

Acquisition. August 2010, in accordance with Title 40 USC § 121(d), GSA issued the Department of Justice for the FBOP a Delegation of Authority for nationwide authority to negotiate and execute utility service contracts at Federal facilities under the control and direction of the FBOP in accordance with Title 40 USC § 501(b)(1)(B). The FBOP, as the requiring agency, must make a determination of the best procurement approach that satisfies FCI Danbury’s schedule, performance, and delivery requirements. The City of Danbury is the current water utility service provider for

FCI Danbury and has continuously serviced the facility since dedication. The City of Danbury controls the water distribution capacity. The City of Danbury provides water services to all sectors of the market (public, private, and government). No other source could be expected to make the capital investments for the infrastructure required to provide water service or meet the regulatory approvals to treat and deliver water to meet FCI Danbury’s consumption requirements.

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 FPDS-NG shows several other agencies (i.e., Department of

Interior, VA) are issuing purchase orders to the City of Danbury for their water utility requirements.

As with the other agencies, FCI Danbury 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.

The provision of water services is essential for the orderly operation of FCI Danbury. History shows and economics dictate that the construction of infrastructure facilities by multiple utilities in the same location would be extremely costly and disruptive to communities. The utility is regulated by local 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.

Field Acquisition Office

FCI Danbury

Contract Specialist Field Acquisition Office Text52: P.A. Salahuddin, General Foreman, FCI Danbury Text54: JOFOC FCI DANBURY Water Utility Service

Water Utility Service Text74: City of Danbury Mayor Office 155 Deer Hill Avenue Danbury, CT 06810-7728

The contracting officer has no reasonable expectation that the City of Danbury will enter into a contract in the foreseeable future. The service required is treatment, distribution, and related services for water utility services from October 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 water utility service is $348,000.

(See Attached Continuation Sheet)

Water Utility Service

This documentation is in accordance with FAR Part 10, which describes the policies and procedures for conducting market research in a process of finding viable sources of goods and services to meet government requirements and to find the most suitable approach to acquiring, distributing, and supporting supplies and services. The extent of market research will vary, depending on such factors as urgency, estimated dollar value, complexity, and past experience. Market research involves obtaining information specific to the item being acquired. This report is submitted in support of an acquisition with an estimated value in excess of the simplified acquisition threshold. Below are the findings of the market research for the above referenced requirement.

(See Attached Continuation Sheet)

Water Utility Service

Water Utility Service