Station Fairport, OH Waterline

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by Federal Acquisition Regulation (FAR) Subpart 6.3, and in accordance with the requirements of FAR 6.303-1, the use of legal authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2. 1) The Coast Guard Facilities Design and Construction Center Detachment Seattle (FDCC) proposes to enter into a contract on a basis of other than full and open competition. 2) The Coast Guard has a requirement on a sole source basis for a new water main to Coast Guard Station Fairport at an estimated cost of $451,382 (AC&I funding). The proposed contractor is the City of Painesville, 7 Richmond Street, Painesville, OH 44077. 3) The requirement is to provide through a connection charge pursuant to FAR Part 41, design and construction of a 4,050 lineal feet 8" water main from the City of Painesville water service to Station Fairport. FDCC has a project to recapitalize the existing station facilities with a new station and boathouse. The City of Painesville owns and maintains the existing 6" water main which is undersized and unreliable for the potable and firefighting needs of the new building. The City of Painesville is the only water service provider to Station Fairport as described in the attached service agreement. Therefore, the USCG intends to contract with the City of Painesville for the nonrefundable, nonrecurring service charge to supply increased water service sufficient for the upgraded facility. As the local servicing utility for water, the City for Painesville will be responsible in perpetuity for ownership, operations, maintenance and repairs of these water lines. The replacement of the 6" water line is critically important because the water pressure provided by the current line is insufficient to properly pressurize the fire protection system. In addition, the current system of well water with a 6" pipeline is resulting in water quality issues and resulting health concerns in using it as a source of drinking water." 4) The legal authority permitting other than full and open competition is FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The City of Painesville is the one responsible source for providing water in this area. 5) The nearest water service main is located approximately 3,000 feet from Station Fairport and is owned by the City of Painesville. Potable water is required for the health and welfare of Coast Guard personnel assigned to the unit and mission essential operations at the Station. There are no private contractors in the vicinity of Station Fairport that provide water service. The City of Painesville has the exclusive rights through their service agreement to provide water to this location. 6) A FedBizOps notice will not be publicized. The exception under FAR 5.202 (a) (5) applies as there is only one water utility provider. 7) The Contracting Officer has determined the price to be fair and reasonable based on comparisons of other City of Painesville water construction project costs which are public information and a comparison to the independent government estimate. 8) The City of Painesville is the only water utility provider to Station Fairport per their service agreement and there are no area wide GSA contracts in place. 9) Full and open competition would directly violate the City of Painesville's service agreement so no effort will be put forth to seek additional competition. 10) No sources expressed interest in this procurement and none were solicited due to the City of Painesville's exclusive service agreement. 11) Increasing competition for this procurement is not up to the Federal Government as utilities are subject to state and local laws. 12) Contracting Officer's Certification I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief. Furthermore, the Contracting Officer verified that the Service agreement does in fact give the City of Painesville jurisdiction over water services. On page 4 of the service agreement it states, "The City shall retain jurisdiction for the provision of water service over the following areas (collectively, the New Service Area) located in Concord Township and in Painesville Township..." The document then goes on to define the Painesville Township on the bottom of page 6. Station Fairport is within this boundary on the northwest corner of the boundary right next to Headlands Beach State Park. Alex Wingert 9/21/12 Contracting Officer 13) Technical/Requirements Personnel Certification I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief. Debra Chinn 9/21/12 APPROVAL: Alex Wingert 9/21/12 Contracting Officer