S_A12_FBO_JOFOC_Marianna_Water_FY17.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – WATER UTILITY SERVICE

FEDERAL CORRECTIONAL INSTITUTION MARIANNA

MARIANNA, FLORIDA

Contractor: City of Marianna

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

Estimated Amount: $200,000.00

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

WATER UTILITY SERVICE FCI MARIANNA

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) Subpart 6.304(b), the Federal

Bureau of Prisons (FBOP) has determined that the procurement of water utility service for the Federal Correctional Institution and Federal Prison Camp (FCI) Marianna, Florida, 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 Marianna

3625 FCI Road

Marianna, Florida 32446

2. Description of action being approved:

This action is for the sole source acquisition of water utility service for FCI

Marianna located in Marianna, Florida, from the sole source supplier for this area, the City of Marianna.

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

The requirement is for water utility service from October 1, 2016 through

September 30, 2017, pending the submission and processing of a Request for

Contract Action (RCA) and award of a multi-year contract, subject to funds availability (FAR Clause 52.232.18). The services will be procured by way of purchase order. The estimated annual cost for water utility service is $200,000.

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:

communications have taken place between FBOP and the City of Marianna concerning the continued availability of water utility service to FCI Marianna.

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

FCI Marianna contacted GSA to establish an area wide contract for water utility service but was advised that GSA does not contract for utilities services for the

FBOP. FCI Marianna will review this requirement on an annual basis to determine if alternate sources have become available, and if competition has become possible.

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// 8/3/2016

Dennis Dempsey, Contract Specialist Date

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.

//SIGNED// 8/2/2016

Todd Large, Facilities Manager Date

Concurrence:

//SIGNED// 8/5/2016

N. C. English, Warden Date

Approval:

//SIGNED// 8/8/2016

Jill D. Ryan, Chief Date

Field Acquisition Office