20134696 - JA - Sole Source Waste Management - FINAL_Redacted.pdf

U.S. Customs and Border Protection Justification and Approval For Other Than Full and Open Competition Trash Services – U.S. Border Patrol, Tucson Sector Area of Operations

JA – Sole Source Waste Management – USBP Tucson Sector Page 1 of 4

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Justification No: 20134696 Date: 4/10/2023

1. Agency and Contracting Activity.

The U.S. Customs and Border Protection (CBP), Border Enforcement Contracting Division – Pacific Branch, proposes to enter into a contract for trash services to the U.S. Border Patrol (USBP), Tucson Sector, on a basis other than full and open competition.

2. Nature and/or description of the action being approved.

CBP USBP Tucson Sector has a requirement on a sole source basis to remove the waste from government property located within the Tucson Sector area of operations at .an estimated cost of . Waste Management is the only vendor sized and capable of providing services to the required locations.

Waste Management 5200 West Ina Road Tucson, AZ 85743

3. Description of Supplies/Services.

Trash removal services are required to maintain a clean, healthy and orderly work environment for personnel assigned to the various locations within the Tucson Sector area of operations. Waste Management is the only vendor who provides services in all of the required locations in the USBP Tucson Sector area of operations.

Period Unit Price Total Base Period 12 mos $ $

Total

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C.

2304(c)(1)(for USCG) or 41 U.S.C. 253(c)(1) (for other Components) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

This requirement is for the provision of full waste removal, treatment and recycling services for the U.S. Customs and Border Protection, U.S. Border Patrol, Tucson Sector area of

JA – Sole Source Waste Management – USBP Tucson Sector Page 2 of 4 operations. The USBP Tucson Sector area of responsibility covers the majority of the state of Arizona from the Yuma County line to the New Mexico state line, with greater than 262 border miles included. Because of the varied and geographically dispersed location coverage required, only Waste Management has historically been able to provide full services for this requirement in all areas of the Tucson Sector. There are other trash collection services in the local area, some of whom have other waste removal contracts with the Government, but none have the resources, equipment, staffing or assets to provide for all locations as needed. This action has been solicited under a competitive full-and-open action for greater than 10 years, with only one provider continually being awarded based on their capabilities to perform successfully – Waste Management.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

This requirement has been offered to as many potential sources as practicable for over 10 years. Each time the requirements of this service have come up for renewal, a competitive full-and-open solicitation action is completed. For ever action, Waste Management has been awarded as the only vendor with the full resources capable of providing for all geographic locations within the Sector. The award of this sole source action shall be published on the System for Award Management (SAM) Government Point of Entry (GPE) at www.sam.gov, and the follow-on competitive action shall provide for same.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer has determined that the anticipated price(s) will be fair and reasonable based on prior historical competitive actions and the current contract pricing, which shall be maintained by Waste Management for this action.

8. Description of Market Research.

Contacted other vendors, with whom CBP has waste removal contracts; researched online and SAM.gov. The result has been that Waste Management is the only vendor who provides services in all of the required locations in the USBP Tucson Sector area of operations.

Competitive solicitation actions over the last 10 years have netted Waste Management as the single vendor consistently able to provide all requirements.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The requirements of these services are critical and cannot be stopped or delayed. In the interest of time and to ensure services are not missed, a non-competitive award to Waste Management for a period of 12-months will allow for continued services while a competitive longer-term solution is contemplated.

JA – Sole Source Waste Management – USBP Tucson Sector Page 4 of 4

Signature: ________________________________ Date: _____________

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $750,000 shall constitute approval of the J&A.

Frank S. Duarte Digitally signed by Frank S. Duarte Date: 2023.04.10 09:20 33 -07'00' 4/10/2023