S_A12_FBO_nat_gas_transport_JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

PUBLIC UTILITY – NATURAL GAS LDC UTILITY SERVICE

FEDERAL CORRECTIONAL INSTITUTION MCKEAN

LEWIS RUN, PENNSYLVANIA

Contractor: National Fuel Gas Dist.

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

Estimated Amount: $153,643.88

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Natural Gas Transportation Utility Services

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1 (a) and 6.302-1 (b)(3), and the Bureau of Prisons Acquisition Policy (BPAP) 4100.05 Subpart 6.304 (b), the Federal Bureau of Prisons (BOP) has determined that the procurement of natural gas transport utility services for the Federal Correctional Institution McKean located near Lewis Run, Pennsylvania 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. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Department of Justice Federal Bureau of Prisons Federal Correctional Institution McKean P.O. Box 5000 Bradford, PA 16701

2. NATURE and/or DESCRIPTION OF ACTION BEING APPROVED:

Provide transportation of natural gas to FCI McKean.

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

Transportation of natural gas for the period of 10/01/2016 through September 30, 2017. Estimated value: $153,643.88

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

The statutory authority for this action is found at 41 U.S.C. 253(c)(1). The exception which permits use of the cited statutory authority is stated at FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED:

The vendor, National Fuel Gas Dist. Corp., is the owner of the two high pressure natural gas lines that run onto Government property to a point where the institution is tapped into the gas line immediately behind institution power house boilers. Procurement of transport services from any other source in not possible or cost effective.

Justification for Other Than Full and Open Competition :

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY SOURCES AS IS PRACTICABLE, INCLUDING

WHETHER OR NOT A NOTICE WAS OR WILL BE PUBLICIZED A REQUIRED

IN FAR PART 5.2:

A synopsis was not publicized in FEDBIZOPPS accordance with FAR 5.202(a)(5) since the contract action is for utility services other than telecommunications services and only one source is available.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

The estimated price offered by the vendor is fair and reasonable based upon the Contracting Officer's experience and charges levied other commercial users.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED:

The market survey conducted determined that a GSA area wide contract does not exist. National Fuel Gas is the only vendor capable of providing FCI McKean with transport services and the volume of product the institution requires. This survey did not yield an outcome different than the current procurement methods being employed .

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

OPEN COMPETITION:

There are no other facts which would support 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:

There were no requests of any kind regarding this acquisition .

11 . A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

ANY SUBSEQUENT ACQUISITION FOR THE SERVICES REQUIRED:

There are no actions that would eliminate this barrier for full and open competition. FCI McKean will actively continue its efforts to obtain an area wide contract from General Services Administration .

Justification for Other Than Full and Open Competition

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, 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//________________ 7/28/2016 Dennis Dempsey, CS

_//Signed//________________ _7/8/2016_________ Matthew Joyce Date Contract Specialist

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

_//Signed// _____________ _7/8/2016 ________ Ed Fleeson Date Facility Manager

Concurrence:

_//Signed//________________ _7/8/2016_________ M. Recktenwald Date Warden

Approved:

_//Signed//_________________ _7/29/2016________ Jill D. Ryan, Chief Date Field Acquisition Office