-16174.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C26019P0499

1. Contracting Activity: Department of Veterans Affairs, VISN 20, for the Portland Veteran Affairs Medical Center – Vancouver Campus. The Engineering Services service line submitted Purchase Request 648 19 1 5104 0010, requesting a non personal services contract to provide Solid Waste & Recycling Collection Services for the Portland Veteran Affairs Medical Center – Vancouver Campus.

2. Nature and/or Description of the Action Being Processed: This procurement is IAW FAR 13.5 Simplified Procedures for Certain Commercial Items. This is a request for other than full and open competition to enter into a single firm fixed price contract with Waste Connections of Washington, Inc. (dba Vancouver Hauling) for Solid Waste & Recycling Collection Services for the Portland Veteran Affairs Medical Center – Vancouver Campus. This procurement will be awarded as a new purchase order on a firm fixed price basis.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This procurement under purchase request number 648 19 1 5104 0010 is for the collection and disposal of non hazardous Solid Waste and Recycling Collection Services for the for the Portland Veteran Affairs Medical Center

– Vancouver Campus. The contractor shall furnish all labor, materials, tools, equipment, and supervision necessary to provide collection, removal, transportation, and disposal of non hazardous solid waste, recycling, and yard waste that is generated at the Portland Veteran Affairs Medical Center – Vancouver Campus. The contractor shall comply with all current city, county, state, and federal laws, regulations, and guidelines pertaining to solid waste collection, transportation, and disposal services.

The anticipated cost to the Government is $412,790.63 for a period of performance of Date of Award – 22 January 2020 plus four (4) one year option periods.

Base Year: $77,751.00 First Option Period: $80,083.53 Second Option Period: $82,486.04 Third Option Period: $84,960.62 Fourth Option Period: $87,509.44

4. Statutory Authority Permitting Other than Full and Open Competition:

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106 1(b)(2).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):Waste Connections of

OFOC SOP Revision 08 Page 2 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

Washington, Inc. (dba Vancouver Hauling) is the only Contractor that holds a “G” series permit in Clark County, WA. All providers of Solid Waste Collection and Disposal Services must be licensed by the Washington Utilities and Transportation Commission (UTC). The UTC issues “G” series permits to solid waste providers. The G permit provides authority from the UTC to collect, transport, and dispose of solid waste by geographic region. Additionally, local governments such as cities and counties may contract with a solid waste disposal company to provide service for a specific area (RCW 35.21.120 Solid Waste Handling System – Contracts). Clark County, Washington is contracted to provide Solid Waste Collection Services. As the Portland Veteran Affairs Medical Center – Vancouver Campus is located within Clark County, Waste Connections of Washington, Inc. (dba Vancouver Hauling) is the only solid waste collection provider available for this requirement. VISN 20 Regional Counsel has provided legal decisions that address the issue of federal agencies complying with local requirements in regard to solid waste collection and disposal. Solano Garbage Co. V. Cheney, 779 F. Supp. 477 (E.D. Cal 1991) and the GAO decision in Red River Service Corporation, B 279250 (1998), the Resource Conservation and Recovery Act of 1976 (42 USC 6961(a)) provides that every federal agency engaging in any activity that may result in the disposal of solid waste, must comply with all federal, state, and local substantive and procedural requirements, “in the same manner, and to the same extent, as any person is subject to such requirements.” The Portland Veteran Affairs Medical Center – Vancouver Campus is not exempt from the general requirement that federal installations comply with local arrangements for solid waste collection and disposal. Therefore Solid Waste and Recycling Collection services can only be acquired fromWaste Connections of Washington, Inc. (dba Vancouver Hauling).

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Based on the circumstances outlined in paragragh five (5), no other sources were solicited. IAW FAR 52.02 –Exceptions. The contracting officer need not submit the notice required by 5.201 when (a) The contracting officer determines that (5) The proposed contract action is for utility services other than telecommunications services and only one source is available. Because this is a utility and Washington State regulates and decides which companies hold solid waste authority for each county, this new requirement is not required to be synopsized, so a notice of intent to sole source was not issued.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost to the Government is $412,790.63 for a period of performance of Date of Award – 22 January 2020 plus four (4) one year option periods. Pricing for Solid Waste & Recycling Collection Services are regulated by the UTC and set by the contract between Waste Connections of Washington, Inc. (dba Vancouver Hauling) and Clark County, Washington.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: No other market research was conducted as explained in paragraph five (5).

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts beyond what has been described above that is available to support restricting competition.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other sources other than Waste Connections of Washington, Inc. (dba Vancouver Hauling) have expressed interest in this acquisition. See paragraph six (6) above.

OFOC SOP Revision 08 Page 3 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: This service is limited by local government requirements and therefore is not available for competition.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.

1/17/2019 Name Richard V Stanton Date Title LAUNDRY OPERATIONS MANAGER Facility VAPORHCS, VAN DIV

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Jacob Jackson Date Contracting Officer Network Contracting Office 20 (NCO 20)

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Bethany Ireton Date Chief, Services Branch 1, Facilities/Support Network Contracting Office 20 (NCO 20)

1/17/2019 Jacob P.

Jackson 457690

Digitally signed by Jacob P. Jackson 457690 Date: 2019.01.17 13:02:18 -08'00'

Bethany D. Ireton 282396

Digitally signed by Bethany D.

Ireton 282396 Date: 2019.01.23 09:35:55 -08'00'