SF 1014 - Justification for an Exception to Fair Opportunity 2027 Redacted

DEPARTMENT OF THE TREASURY

SF 1014 - JUSTIFICATION FOR AN EXCEPTION

TO FAIR OPPORTUNITY

ACQUISITION TITLE: Electrical Services, Andover, MA
‫ ܆‬FAR 16.505(b)(2)(i)(D) – It is necessary to place an order to satisfy a minimum guarantee.
‫ ܈‬FAR 16.505(b)(2)(i)(E) – For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. ‫ ܆‬FAR 16.505(a)(4) – The requirement is for an item peculiar to one manufacturer. (i.e., Brand Name specifications)
4.b Supporting rationale:
In accordance with Title 40 U.S. Code 501 Services for Executive Agencies, the General Services Administration (GSA) has the authority to procure, supply and manage public utility services on behalf of Agencies under the Executive Branch. RFO FAR 41.204(c)(1) states "Any Federal agency having a requirement for utility services within an area covered by an areawide contract shall acquire services under that areawide contract." GSA areawide contract 47PA0423D0002 is available with National Grid. Furthermore, National Grid is the only electric distribution utility serving the town of Andover, Massachusetts.
5. A determination that the anticipated cost to the Government will be fair and reasonable:
The anticipated cost to the Government is determined to be fair and reasonable based on the applicable regulated utility rates and charges established by the Massachusetts Department of Public Utilities for National Grid. Because the rates are regulated and established through the applicable state regulatory process, the Government is unable to negotiate the underlying utility rates through competition. The proposed acquisition will utilize the GSA Areawide Contract applicable to the utility services, and the Government will pay the authorized rates and charges applicable to the service. Based on these circumstances, the Contracting Officer determines that the anticipated costs to the Government is fair and reasonable. 6.a Any other facts supporting this justification: N/A
6.b Attachments: ‫ ܆‬Yes ‫ ܈‬No
7. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies and services is made: The requirement and contracting activities will periodically review the availability of the alternative electric utility providers servicing the facility. Prior to any subsequent acquisition, the