A12_JOFOC_MORA_Solid_Waste_FY_26_signed_1.pdf

ATTACHMENT 2

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER THE MICROPURCHASE THRESHOLD (See FAR

Part 2) UP TO SAT (See FAR 13.106-1)

Date: 3/24/2026 PR Number: _ 44038201

1. Nature and/or description of the item/service being procured and its intended use (include the anticipated cost):

Collection, transport and disposal of solid waste, and recycling for areas within boundaries of Mount Rainier National Park (MORA). The Park is requesting approval to negotiate and award a single firm fixed-price contract for these services which are regulated in Title 81.77 of the Revised Code of Washington (RCW), as implemented in the Washington Administrative Code (WAC) 480-70. Harold LeMay Enterprises Inc. D.B.A. Pierce County Refuse (LeMay), holds Certificate of Public Convenience, G000098 Tariff No 10 for services provided in MORA’s boundaries. The total for one year is not expected to exceed $130,000.00

2. Sole Source Justification rationale (Check one and explain below):

__X____ Only one responsible source.

______ Urgent and compelling circumstances exist. Include critical delivery or performance dates, and when you became aware of the requirement. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met.

______ Other _____________________________________________________

Explain:

MORA intends to negotiate and award a single year contract for pick up and disposal services with LeMay in accordance with FAR 6.302-1(a)(2) and 41 U.S.C. 3304(a)(5). These services are regulated by the State of Washington. The Washington Utilities and Transportation Commission (WUTC) regulates the rates, services and practices of privately-owned utilities to include related services in Title 80 of the RCW. There is no general exemption in state law for solid waste collection companies operating under contract for the federal government, nor is there a general exemption in federal law. The general rule of the supremacy clause of the U.S. Constitution, Article 6, cl. 2, restricts the ability of states to interfere with the federal government’s right to contract. However, in 1975 Congress enacted 42 U.S.C. 6961 that changed the general rule as it applied to state and local solid waste collection and disposal laws. Under the provisions of 42 U.S.C. 6961 the federal government must comply with state and local requirements regarding control and abatement of solid waste or hazardous waste disposal and management in the same manner and to the same extent as any person subject to such requirements. In other words, when the federal government seeks to obtain the solid waste service collection services from a company, that company must comply with RCW 81.77. Public notice of this action and a copy of this approved notice will be publicized as required by FAR Subpart 5.2.

ATTACHMENT 2

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER $3,000 ($2,000/$2500 for Construction/Services AND UP

TO $150,000

(See FAR 13.106-1)

3. Market Research. Please explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest:

Previous contracts for this requirement – 140P8324P0007 and 140P8325P0013

Traditional Market Research is not applicable. These services are not available by competition as they are regulated by the State of Washington. The Contracting Officer will ensure the WUTC has no other application or tariff to provide service for applicable areas within MORA’s boundaries.

This action was solicited as a total small business set aside to verify the lack of competitive source for this requirement in the open market. No offers were received.

4. If this is a determination for sole source, the contracting officer certifies:

a. Only one source is available, or urgent and compelling circumstances exist.

b. The anticipated price will be determined fair and reasonable using the price analysis techniques described in FAR Part 13.106-3(a).

(Signature) _______________________________________ (Date)__________________________

Type or Print Name: __Jim Ziolkowski________________________________________ Title: Supervisory Facility Operations Specialist

(Signature) _______________________________________ (Date) _____________

Type or Print Name: John Flatt, Contracting Officer

Over $50,000:(if applicable)

(Signature) _______________________________________ (Date) ______________________

Warranted Individual 1 Level Above Contracting Officer Type or Print Name: Lilette Baltodano, Chief of Contracting Office