A3-JA Other Than Full and Open Competition waste management.pdf

UNITED STATES MARINE CORPS

REGIONAL CONTRACTING OFFICE

PARRIS ISLAND

PO BOX 5069

PARRIS ISLAND, SOUTH CAROLINA 29905-5069

IN REPLY REFER TO

RCO/

Justification and Approval for Other Than Full and Open Competition

Pursuant to FAR 6.302-1

1. This document constitutes justification and approval for other than full and open competition for the acquisition described herein, under the authority of 41 U.S.C. § 1901 in accordance with

FAR 13.501(a)(1)(ii).

2. Nature and description of action being approved.

The Regional Contracting Office – Parris Island (RCO-PI), located at Marine Corps Recruit

Depot, Building 159 Corregidor St, Parris Island, South Carolina seeks the approval of this justification for a sole source contract to be entered into with the Waste Management of South

Carolina. Waste Management of South Carolina is currently performing the required services under most recently satisfied by the issuance of a sole source contract M00263-20-P-0001. Waste

Management of South Carolina has also performed under previous sole source contract M00263-

17-D-0002. They have the knowledge and is familiar with the waste management requirement.

3. Description of supplies or services required to meet the Agency’s needs.

The Marine Corps Recruit Depot, Parris Island (MCRDPI) has identified a continuing need for refuse collection, disposal and recycling at various locations aboard the Depot. The Contractor shall furnish all labor, supervision, materials, supplies, incidental engineering, transportation, and equipment necessary to perform refuse and recyclable waste collections and disposal services for

MCRDPI. Recommended Source: Waste Management of South Carolina, 2621 Low Country

Drive, Ridgeland, SC 29936-7929, Period of Performance:

Base Period:

1 Nov 2020 through 31

Oct 2021

$237,400

Option I: 1 Nov 2021 through 31

Oct 2022

$243,340

Option II: 1 Nov 2022 through 31

Oct 2023

$249,420

Option III: 1 Nov 2023 through 31

Oct 2024

$255,650

4. Identification of statutory authority permitting other than full and open competition.

a. FAR 13.501(a)(ii) Permanent Authority for us of Simplified Acquisition Procedures for Certain Commercial Items.

5. Demonstrate that the nature of the acquisition requires use of the authority cited.

The services performed under this contract consists of two primary types to of waste to be disposed are: 1) municipal and 2) construction and demolition. Construction and demolition waste include: utility poles, concrete, asbestos, CERCLA-derived, lead painted structure material, and petroleum, oils, and lubricants (POL). The primary outcome desired from this contract is available, and reliable, refuse collection. There are no other landfills within a reasonable driving distance of 80 miles to the Marine Corps Recruit Depot Parris Island that can dispose of the waste described above. Additionally, Government-owned refuse vehicles driving extended distances for refuse disposal at landfills exceeding a distance of 80 miles or more will impact the Continuity of Operations by increasing the mean time to failure of motor vehicle equipment, disrupt the refuse delivery schedule, and increase the accumulation of refuse aboard

MCRDPI. As a result, these impacts will require additional time and resources to ensure refuse is managed to meet the Government’s sanitary requirements and delivery schedule.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a CBD notice was or will be publicized as required by

Subpart 5.2, and if not which exception under 5.202 applies.

The RCO-PI will be issuing a solicitation no later than 27 October 2020 directly to Waste

Management of South Carolina, Inc. This justification shall be made publically available within

14 days after contract award.

7. Determination by the contracting officer that the anticipated cost to the government for the proposed acquisitions will be fair and reasonable.

The Sole Source award will be awarded to Waste Management of South Carolina Inc. An independent government estimate (IGCE) was derived from data of the current acquisition and historical pricing for the same or similar services. This data will be compared to the contractor’s proposal submitted for the Sole Source Award. The Contracting Officer will ensure that pricing obtained to support this sole source requirement will be fair and reasonable prior to award. The

Contracting Officer can establish fair and reasonable prices at the outset; there are also reasonable price comparisons with prior purchases of the same services made on a competitive basis.

8. Description of market survey conducted and the results or a statement of the reasons that a market survey was not conducted.

Market research for refuse collection, disposal and recycling services in accordance with FAR

Part 10 was conducted on October 7, 2020- October 22, 2020. During market research, both the

AbilityOne, Federal Prison Industries, and GSA procurement list was reviewed and resulted in no match for any vendor who could provide refuse collection and landfill services within a reasonable distance. No small business entities were found that could support this requirement.

A sources sought was issued October 19, 2020 to vendors via beta.SAM to gauge interest and the capabilities of vendors as it relates to the waste management services being requested within 80 miles of MCRDPI. The sources sought yielded no businesses capable of performing the required services. Waste Management is the only source within 80 miles of MCRDPI that will satisfy the various waste disposal requirements and recognizes the critical impact to the Continuity of

Operations posed by refuse management.

9. Any other facts supporting the use of other than full and open competition.

There are no other landfills within a reasonable driving distance of 80 miles to the Marine Corps

Recruit Depot Parris Island. Government-owned refuse vehicles driving extended distances for refuse disposal at landfills exceeding a distance of 80 miles or more will impact the Continuity of

Operations by increasing the mean time to failure of motor vehicle equipment, disrupt the refuse delivery schedule, and increase the accumulation of refuse aboard MCRDPI. As a result, these impacts will require additional time and resources to ensure refuse is managed to meet the

Government’s sanitary requirements and delivery schedule.

10. A listing of the sources, if any, that expressed, in writing, an interest in the procurement.

Recommended Source:

Waste Management of South Carolina, Inc.

Steve Crawford

2621 Low Country Drive

Ridgeland, SC 29936-7929

904-753-1482

Waste Management of South Carolina, Inc. is the only source within 80 miles of MCRDPI that will satisfy the various waste disposal requirements and recognizes the critical impact to the

Continuity of Operations posed by refuse management.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Due to the nature of this requirement, there are no actions available to remove or overcome barriers to competition. Landfills are governed by city and county municipalities. Thorough market research found only one landfill within 80 miles. Therefore, competition is unavailable for this procurement.

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

Name and Title Office Phone Date

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name and Title Office Phone Date

COUNSEL REVIEW

I have reviewed this justification for form and legality.

Name and Title Office Phone Date

APPROVED

Name and Title Office Phone Date