alex_ja154858.pdf

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR LIMITED

COMPETITION/SIMPLIFIED ACQUISITION

JUSTIFICATION AND APPROVAL FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

In accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine that the use of heavy equipment listed on is available from only one source, and competition is precluded as there are no substitutes available.

1. This acquisition is restricted to the following sole source:

Company: Waste Management Company Address: 27000 Wiles Road, Pompano Beach, FL 33073 Company Point of Contact and Phone Number: Jeff Roccapriore, District Manager, 954-

895-1135

2. The use of heavy equipment (two dump trucks, two excavators, one front end loader, operators, fuel, and servicing during the duration of the operation is estimated to cost <$137,120.00> and is required to be delivered by 9/30/2020.

The Waste Management Corporation, through Westwind Contracting, inc., is planning to use of heavy equipment (5 pieces of heavy' e uipment with maintenance, operators, and fuel) to remove garbage from the Waste Management Monarch Hill landfill and place that material on pads at their Waste Management facility for FBI em{!loyees and other law enforcement assisting agencies to conduct a search in support of an ongoing missing person investigation. This process is expected to last 28 working days per estimates of ERTU.

3. [Insert one of the paragraphs listed below, depending on the justification]

Because of the urgency of this requirement, only one source will be solicited. The <two excavators, one front end loader, two dump trucks, operators, fuel, and limited serving must be performed by 9/30/2020. This office became aware ofthe requirement on 9/30/2020. If the required performance date is not met, <affect the operational mission of the ongoing investigation ..

[OR]

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9/20/2020 -------------

DPYates Typewritten Text

DPYates Typewritten Text $150,000 ceiling

DPYates Typewritten Text

DPYates Typewritten Text

DPYates Typewritten Text from 9/28/2020 - 11/7/2020.

DPYates Typewritten Text

DPYates Typewritten Text Only the owner of the property can perform the required

DPYates Typewritten Text services on their property.

Specific characteristics of the use of the mentioned heavy equipment, operators, fuel, and maintenance are being performed on Waste Management's facility at a landfill where the sub contractor, Westwind contracting, Inc., per West Management is aware of all the hazards in operating in a landfill to include all the buried piping for the collection of methane gases and other hazards that are only familiar to heavy equipment operators who work on this landfill, which Westwind Contracting has been allowed to work in the past for Waste Management at this landfill, Monarch Hills. Due to the nature and location of this operation in search of evidence in this landfill owned and operated by Waste Management and with the recommendation of using Westwind Contracting, Inc, by Waste Management that limits the availability to a sole source are uniquely suited to this environment for safety reasons and familiarity working with heavy equipment and operators at this landfill. Only this suggested source can furnish the requirements, to the exclusion of other sources, because Waste Management can not utilize their own equipment because they will not be able to continue their daily work load responsibilities at their landfill, which in the past has led them to use Westwind Contracting at this specific facility to continue, or augment the daily responsibilities to continue operation at the landfill. The mentioned pieces of heavy equipment provided by Westwind Contracting, through Waste Management, with their operators, fuel, and limited daily maintenance are in a uni ue position to further the investigation meeting the safety and familiarization requirements by Waste Management.

4. Check and fill in all that are applicable for an Open Market Buy:

o The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current e uipment is <insert description of current equipment>, and the new item/service must coordinate, connect, or interface with the existing system by <insert description of how the new item/service must coordinate or interface>.

o A patent, copyright, proprietary data, or licensing agreement limits competition. The proprietary data are described as follows:

<Insert description> o These are "direct replacement" parts/components for existing equipment.

rg] Other information to support a sole source buy:

<The use of the heavy equipment and op_erators provided by Westwind Contracting, Inc., to Waste Management Monarch Hill Landfill, meets the safety and familiarization

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IF GSA FAR Part 8, complete items 6-7

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

The contracting officer will determine, after considering the level of effort and the mix of skills available for the tasks needed, that the proposed order or BPA represents a reasonable total price and will be the best value for the FBI.

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This is an urgent and compelling requirement. The FBI needs to locate a possible body in the landfill. This must be done ASAP to perserve as much evidence as possible and to futher enhance the case against the subject.

CERTIFICATION

Requestor:

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.

Oql;L51';l~?"O Date

Contracting Officer:

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

Signature Date

Unit Chief/Team Supervisor (Required ifamount exceeds $750,000):

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

Signature Date

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9/28/2020