JA_Control___16-0018_Utility_Services_ 150K_Bluff_Creek_(Signed_by_KO).pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Other Than Full and Open Competition

CONTROL NO: SAM-16-0018

PROJECT/EQUIPMENT: Electric Services with Tallapoosa River Electric Coop for Bluff Creek Campground and Hatchechubee Park

AUTHORITY: FAR 6.301 AMOUNT $150,000.00 EST

Prepared by:

NAME: Joan Rensink TELEPHONE: (251) 441-6712

TITLE: Contract Specialist DATE: December 18, 2015

Contracting Officer NAME: Alisa Murray TELEPHONE: (251) 441-5578

TITLE: Contracting Officer DATE:

Same as 13 & 14 in J&A (5)

Technical (6) NAME: Terrell Stoves TELEPHONE:

TITLE: DATE:

Requirements (6) NAME: TELEPHONE

TITLE: DATE

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this Justification, and find the information provided adequate to permit other than full and open competition.

Deputy for Small Business (7)

SIGNATURE DATE

NAME: Linda L.

Spadaro

TELEPHONE: 251-441-3597

Project Manager (8) SIGNATURE: N/A DATE: N/A

NAME: TELEPHONE: N/A

If no PM, use N/A

229-768-2516

Walter F. George Site Manager

18 Dec 2015

SPADARO.LINDA.L.123

0756470

Digitally signed by SPADARO.LINDA.L.1230756470 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SPADARO.LINDA.L.1230756470 Date: 2015.12.28 07:56:41 -06'00'

N/A

CONTROL NO: SAM-16-0018

Office of Counsel

SIGNATURE DATE

NAME: TELEPHONE:

Business Oversight Branch Chief

SIGNATURE DATE

NAME Charlotte G. Hofstetter TELEPHONE: 251-690-3420

DCC/CCC Contracting Chief

SIGNATURE DATE

NAME Jeffery D. Burgess TELEPHONE: 251-441-6501

CRESWELL.MICHAE

L.W.1381595532

Digitally signed by

CRESWELL.MICHAEL.W.1381595532

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CRESWELL.MICHAEL.W.1381595532 Date: 2015.12.28 09:00:18 -06'00'

Justification and Approval (J&A) For

Other Than Full and Open Competition

1. Contracting Activity: The responsible contracting agency is the U.S. Army Corps of Engineer District Mobile, P.O. Box 2288, Mobile, Alabama 36628-0001.

2. Description of Action: Approval is being requested for a new follow on contract for the Walter F. George Site Office for utility services. The contract is for a five year period and not to exceed $150,000.00 for the five year period. This is funded with Civil Money.

3. Description of Supplies/Services: The contractor shall provide the Walter F. George Site Office with electric services to cover Bluff Creek Campground and Hachechubbee Park for the period of five (5) years at an estimated cost of $150,000.00 total. The proposed contractor is:

Tallapoosa River Electric Cooperative 15163 US Hwy 431 S Lafayette, Al 36862-5452

4. Authority Cited: The statutory authority permitting acquisition of the requirement by other than full and open competition is Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements – FAR 6.302-1 – U.S.C. 2304(c )(1).

5. Reason for Authority Cited: State. ALA. CODE § 37-14-1 (Enacted in 1984, NO. 84-206, p.

314, § 1. - Revised 2006) states the following:

“The Legislature of the State of Alabama has investigated the economic, financial and environmental impact associated with the potential for duplication of electric distribution facilities used for the furnishing of retail electric service. Among its findings are the conclusion that with respect to retail electric sales, the benefit normally associated with competition between two or more entities for customers is outweighed by the tremendous cost burden which must be borne by such customers associated with the maintenance of two or more duplicate sets of facilities. It is the further finding of the legislature that the existence of duplicate facilities for the furnishing of electricity at retail is not in the public interest because of the adverse impact which such duplication has on environmental and aesthetic values and on safety. It is therefore declared that the policy of the State of Alabama is to ensure effective, economical and orderly supply of electric service at retail to customers in the state and to avoid unnecessary duplication of facilities by electric suppliers for the furnishing of such services which would result in waste and in degradation of the environment. To accomplish these objectives, it is necessary and in the public interest to establish, mandate and implement procedures for determining which electric supplier shall furnish electric service to customers at retail within various areas of the state including areas within present and future corporate limits of municipalities in the state.”

As a result, of this statute, the State of Alabama developed a map which depicts the respective boundaries for each electric service entity (See Attachment 1). The Tallapoosa River Electric Cooperative is the only electric service provider authorized by the State of Alabama to operate in the areas of the Bluff Creek Campground and Hachechubbee Park.

6. Efforts to Obtain Competition: There is no competition anticipated for this procurement, because competition would be inconsistent with Alabama state law governing the provision of electric utility services. The requirement was not synopsized for the reasons detailed in paragraph nine (9) of this document. Competition is not feasible for the reasons outlined in paragraph five (5) of this document.

7. Actions to Increase Competition: Due to the statutory restriction regarding the source for electrical services, there are no possible actions to be taken to increase competition for subsequent acquisitions.

8. Market Research: No Market Survey was conducted because the Tallapoosa River Electric Cooperative is a regulated utility service that has territorial rights to the areas surrounding the Bluff Creek Campground and Hachechubbee Park. No other source is available to supply electric utility service to this facility.

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:

1) Contract number and date of the last award: W91278-11-P-0035 - 07 January 2011

(2) Competitive status of these actions: Sole Source

(3) Authority previously used for less than full and open competition: 10 USC 2304(c)(1), as implemented by FAR 6.302-1

(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 J&A. 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.

(a.) Acquisition data availability: N/A

(b.) Unusual and compelling urgency: N/A

(c.) Subcontracting competition: N/A

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.

Typed 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.

Typed Name: Date: ___________________

Title: Signature: _______________

13. Fair and Reasonable Cost Determination: I hereby determine this justification is accurate and complete to the best of my knowledge and belief. The estimated cost to the Government is fair and reasonable. I.A.W. FAR 13.106-1 (b) (1), I hereby determine that the circumstances of the contract action deems only one source is reasonable available; provided that the services and property herein described have otherwise been authorized for acquisition and funds are available.

Typed Name: Alisa C. Murray Date: ___________________

Title: Contracting Officer Signature: _______________

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Alisa C. Murray Date: ___________________

Title: Contracting Officer Signature: _______________

Terrell Stoves

Walter F. George Site Manager

18 Dec 2015 for William W. Fuller

Chief, Operations Division

23 Dec 2015

Jason C. Johnston

Jason C. Johnston

29 Dec 2015

29 Dec 2015

STOVES.TERRELL

.S.1239568200

Digitally signed by STOVES.TERRELL.S.1239568200 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=STOVES.TERRELL.S.1239568200 Date: 2015.12.18 11:51:30 -05'00'

HRABOVSKY.STEV

EN.L.1230833970

Digitally signed by

HRABOVSKY.STEVEN.L.1230833970

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HRABOVSKY.STEVEN.L.1230833970 Date: 2015.12.23 13:45:43 -06'00'

Digitally signed by

JOHNSTON.JASON.C.1399389085

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSTON.JASON.C.1399389085 Date: 2015.12.29 14:03:30 -06'00'

Digitally signed by

JOHNSTON.JASON.C.1399389085

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSTON.JASON.C.1399389085 Date: 2015.12.29 14:03:47 -06'00'

Approval

Based on the foregoing justification, I hereby approve the procurement of (state equipment/services being procured) on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(insert authority), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: Alisa C. Murray Date: ___________________

Title: Contracting Officer Signature: _______________

Jason C. Johnston 29 Dec 2015 Digitally signed by

JOHNSTON.JASON.C.1399389085

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSTON.JASON.C.1399389085 Date: 2015.12.29 14:05:28 -06'00'