S_A12_FBO_Utility_JOFOC_2017_-_Natural_Gas.pdf

contract action is for utility services other than telecommunications services and only one source is available. MDFA is the government-owned sole provider of natural gas utility service in the FMC Devens service area. MDFA is an entity within Devens, Massachusetts, the only agent authorized by rules and regulations to provide natural gas utility services in the Devens area. Having a single supplier of natural gas service for this area is the most efficient method of providing this utility service.

The Bureau does not have the state and local approval or the resources to provide the funding for another company to install a transportation/distribution system for the institution, another pipeline is not available, and no other contractor can provide natural gas service through the MDFA system.

The U.S. General Services Administration has issued a Delegation of Contracting Authority to the U.S.

Department of Justice, Federal Bureau of Prisons to negotiate and execute utility service contracts. This includes the provision of natural gas utility services for FMC Devens.

I also make the determination that this procurement action “NOT” be set-aside for small business. The

Small Business Procurement Review for the purchase of utility services has been granted a waiver by the

Office of Small and Disadvantaged Business Utilization to the FBOP for submitting routine procurements to the Office of Small and Disadvantaged Business Utilization for review in accordance with PGD 09-02.

Recommendation: The Government contemplates the single award of a firm-fixed price requirements type natural gas utility service purchase order resulting from this requirement.

Comments: The conclusions from this market research will be incorporated into the document for providing Natural Gas Utility Service for FMC Devens.

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

State regulations and local ordinances limit the provider of this service to only one provider.

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

There were no other sources which expressed an interest in this requirement.

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

At this time, full and open competition is not available for this requisition. If opportunities arise in the future the BOP will take appropriate action to satisfy the agency’s requirement.

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 and 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 desire to expend funds while those funds are still available.

//Signed// 7/27/2016

Dennis Dempsey, Contract Specialist Date

Field Acquisition Office

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// for 7/7/2016

Isaac Hilton, Facilities Manager Date

FMC Devens

Concurrence of:

//Signed// 7/8/2016

J. Grondolsky, Warden Date

FMC Devens

//Signed// 7/29/2016

Jill D. Ryan, Chief Date

Field Acquisition Office

//Signed// for 8/5/2016

Matthew D. Nace, Procurement Executive Date

Approved:

//Signed// for 8/8/2016

Bradley T. Gross Date

Assistant Director for Administration

Competition Advocate