S_A12_FBO_JOFOC_MIM_Water_ _Wastewater_Utility_Service_FY-17.pdf

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Water and Wastewater Utility Service FDC MIAMI

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

Bureau of Prisons Acquisition Policy (BPAP) 4100.05 Subpart 6.304(c), the Federal Bureau of Prisons (FBOP) has determined that the procurement of water and wastewater utility service for the Federal Detention Center

Miami located in Miami, Florida, meets the criteria established for other than full and open competition. It is further determined that only one responsible source (Miami-Dade County Water and Sewer) 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:

(b)(1) Identification of the Agency:

U.S. Department of Justice

Federal Bureau of Prisons

Federal Detention Center Miami

33 NE 4

th

St., Miami, Florida 33132

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

This justification for other than full and open competition is for the acquisition of water and wastewater utility services provided to the Federal Detention Center (FDC) Miami, located in Miami, Florida, from the sole provider of such services in the Miami area. FDC Miami has a present and continuing requirement for water and wastewater utility service for the proper operation of the facility.

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

Miami Dade County (hereinafter referred to as “the county”) shall provide to the government facility at FDC

Miami, water and wastewater 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 County shall provide services on an uninterruptible daily basis 365 days per year.

The County will be responsible to maintain and/or repair all associated pipelines and equipment, including associated costs for such repair, up to the delivery point or meter of FDC Miami. The County will be responsible to ensure that the pipelines and associated equipment, utilized to provide water and wastewater services will be maintained and operated in compliance with all rules and regulations set by the Florida

Department of Public Health, in accordance with all Federal, State, County, and local government for a safe and sanitary water and wastewater service. Pursuant to FAR Part 41.202, the County continues to provide the “entire water and wastewater utility service” (i.e., production, distribution, system operation and maintenance, treatment, metering, billing, etc.).

The County shall provide water and wastewater utility services for the period from October 1, 2016, through

September 30, 2017, for a 12 month period, subject to funds availability (FAR Clause 52.232-18). The total estimated monthly amount for water and wastewater utility service is $121,441.66. The total estimated amount for a 12-month period is $1,457,300.00.

JOFOC FDC Miami

Water and Wastewater Utility Services

There were no other sources which 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:

Contracting and requirement staff continue 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 and no alternative source of service is currently available. A review of government procurement databases shows only the FBOP, GSA, and National Archives and Records

Administration are issuing orders to the County for water and wastewater utility requirements. FDC

Miami 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.

(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\\ 9/20/2016

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\\ 7/27/2016

Bryan Brown, Facilities Manager Date

FDC Miami

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.

//SIGNED\\ 8/11/2016

R. C. Cheatham, Warden Date

FDC Miami

JOFOC FDC Miami

Water and Wastewater Utility Services

//SIGNED\\ 9/23/2016

Jill D. Ryan, Chief Date

Field Acquisition Office

//SIGNED\\ for 9/28/2016

Loneryl Burns, Acting Procurement Executive Date

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\\ 9/29/2016

Bradley T. Gross Date

Assistant Director for Administration