JA.pdf

CONTROL NO: 14-19

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1 & FAR 6.303

1. Contracting Activity: U.S. Army Corps of Engineer (USACE), Mobile District, 109 St. Joseph Street, Mobile, Alabama 36604-0001

2. Description of Action: A new firm fixed price (FFP) contract using non-expiring Civil Operations and Maintenance (O&M Civil) appropriations to acquire and fund water utilities for Lanier Project Management Office.

3. Description of Supplies/Services: Water Utility Services for the Lanier Project Management Office, Buford, GA. The period of performance is for a base award of one year and four one year option periods for a total not exceed five years. The option years will be evaluated at the time of award based on pricing set by regulation. The total estimated price of the proposed contract, including all options is $31,000.00. Proposed contractor is:

Etowah Water & Sewer Authority 1162 Highway 53 E.

Dawsonville, GA 30353-4013

4. Authority Cited: The statutory authority permitting acquisition of the requirement by other than full and open competition is 10 U.S.C. 2304 (c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirement.

5. Reason for Authority Cited: The Contracting Division of the Mobile District has used other than full and open procedures for awarding water utility contracts throughout the District at various Lake Project offices and other Corps of Engineer managed areas.

Due to the remote geographical location of the Lanier Project Management Office, the only authorized source that has statutory authority to operate in this area is Etowah Water & Sewer Authority.

6. Efforts to Obtain Competition: There is no competition anticipated for this procurement. The requirement was not synopsized for the reasons detailed in paragraph 9 of this document. Only one (1) source will be solicited (Etowah Water & Sewer Authority), and only one offer will be received. Competition is not feasible for the reasons outlined in paragraph five (5) of this document. No GSA area wide contract, no interagency agreement, and no other means of obtaining the service exist.

7. Actions to Increase Competition: There was no market research conducted, because Etowah Water & Sewer Authority is a regulated utility service that has territorial rights to the area surrounding Lanier Project Site. USACE is unable to procure services from another source. This procurement will be structured with annual options, and an annual

Page | 2 review will be required prior to exercising each option. Per FAR 41.401, it is deemed to be advantageous for the Government to exercise annual reviews in order to take advantage of any changes in the market, policies, and regulations. The annual review will include:

market research to examine the competitive alternatives for more advantageous services offerings, any new GSA area-wide contracts, changes in market competition or state regulations will be identified and addressed prior to exercising each option.

8. Market Survey: No Market Survey was conducted in accordance with FAR 41.202(b);

No other source is available to supply water utility service to this project.

9. Interested Sources: The utility service procurement is exempt from synopsizing, in accordance with FAR 5.202 (a)(5). The proposed contract action is for utility services other than telecommunications services and only one (1) source is available.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history.

(1) Contract number and date of the last several awards.

W91278-09-P-0085

(2) Competitive status of these actions.

Sole Source

(3) Authority previously used for less than full and open competition.

10 U.S.C. 2304 (C)(1) FAR 41 (Utility)

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. The contract was not competed and was also a sole source award under the same authority as detailed in this Justification and Approval document. The Scope of Work (SOW) cannot be developed in such a way to better enhance competition due to the reasons outlined in paragraph five (5). Other than the facts listed above, there are no additional or unusual facts surrounding the history of this procurement.

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances. N/A

(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys. N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes. N/A

b. Acquisition data availability. N/A

c. Subcontracting competition. N/A

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11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Printed Name: ___________________ Date: __________________________

Title___________________________ Signature:_______________________

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Printed Name: ___________________ Date:________________________

Title: _______________________ ___ Signature:____________________

13. Fair and Reasonable Cost Determination: Include the following determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price reasonableness was based on established price schedule of a public utility company which is subject to state and local regulatory bodies.

Printed Name: _____________________ Date: _______________________

Title: Contracting Officer Signature:_____________________

14. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Printed Name: __________________ Date: _______________________

Title: Contracting Officer Signature: _____________________

Shamekia M. Chapman April 24, 2013

Shamekia M. Chapman April 24, 2014

RAINEY.TIMOTHY.A.123026

Digitally signed by RAINEY.TIMOTHY.A.1230260261 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=RAINEY.TIMOTHY.A.1230260261 Date: 2014.04.23 16:08:29 -04'00'

RAINEY.TIMOTHY.A.1230260

Digitally signed by RAINEY.TIMOTHY.A.1230260261 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=RAINEY.TIMOTHY.A.1230260261 Date: 2014.04.23 16:08:53 -04'00'

Digitally signed by CHAPMAN.SHAMEKIA.M.1290320719 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CHAPMAN.SHAMEKIA.M.1290320719 Date: 2014.04.24 08:59:12 -05'00'

Digitally signed by CHAPMAN.SHAMEKIA.M.1290320719 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CHAPMAN.SHAMEKIA.M.1290320719 Date: 2014.04.24 08:59:33 -05'00'

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APPROVAL

Based on the foregoing justification, I hereby approve the procurement for water utility services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), provided that the services and property herein described have otherwise been authorized for acquisition.

Printed Name: ____________________ Date: ___________________

Title: Chief, CESAM Contracting Division Signature: ____________________

JEFFERY D. BURGESS 04/24/2014

Digitally signed by BURGESS.JEFFERY.D.1264843584 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BURGESS.JEFFERY.D.1264843584 Date: 2014.04.24 09:51:49 -05'00'