B2_02_-_Redacted_Justification_for_Other_Than_Full_and_Open_Competition_1.pdf

Solicitation Number: 140R2026Q0039 Page 1 of 6

WBR 1406.303-1 Template 1 eFile - B02

(01/2026)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

Updated IAW Revolutionary FAR Overhaul 6 and DOI-AAAP-F006 In accordance with Revolutionary FAR Overhaul 6.103 or RFO 12.102, the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.104-1(a)(1)).

U.S. Department of the Interior Bureau of Reclamation, California Great Basin Region Acquisition Services, Supplies and Services 2800 Cottage Way Sacramento, CA 95825

2. Nature/Description of Action (FAR 6.104-1(a)(2)).

This is a sole source procurement action to Cal-Waste for refuse and recycling collection and disposal services at New Melones Lake, Glory Hole Recreation Area. This action will result in a firm-fixed-price (FFP) contract with a base year and four (4) option years.

The contractor will provide all labor, equipment, dumpsters, transportation, and disposal services necessary to perform routine and as-needed refuse and recycling collection services at multiple designated recreation sites within the project area. The sole source basis is due to Calaveras County’s exclusive solid waste franchise system, under which California Waste Recovery Systems, LLC (Cal-Waste) is the only authorized provider to perform these services within the County.

3. Description of Supplies/Services (FAR 6.104-1(a)(3)).

The Bureau of Reclamation requires ongoing refuse and recycling collection and disposal services to support public recreation areas at New Melones Lake, Glory Hole Recreation Area, located in Calaveras and Tuolumne Counties, California. These services are necessary to maintain clean, safe, and sanitary conditions for public visitors and Government-managed recreation facilities.

The contractor will provide all labor, equipment, dumpsters, transportation, and disposal services necessary to service multiple dispersed recreation sites, including campgrounds, day use areas, boat ramps, and parking areas. The requirement includes servicing up to

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(01/2026) twenty-eight (28) dumpsters and one (1) 20-cubic yard roll-off bin located throughout the recreation area.

Service is performed on a recurring basis throughout the year. During peak recreation season (approximately April through September), higher service levels are required due to increased public use, while reduced service levels are performed during the off-season in accordance with Government direction and the established service schedule. The contractor is responsible for timely collection, removal, and proper disposal of all waste and recyclable materials at an approved disposal facility.

The period of performance is from June 1, 2026 through May 31, 2031, consisting of a base year and four (4) option years. The total estimated value of the procurement is

This contract continues the refuse collection services previously provided under contract 140R2021P0005, which is expiring on 5/31/2026.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.104- 1(a)(4)). (Check one)

Authority FAR Coverage Application 41 U.S.C. 1901 RFO 12.201-1 Only one responsible source using Simplified

Acquisition Procedures (above SAT but at or below $9M)

41 U.S.C. 1903 RFO 12.201-1 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.103-1(d) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.103-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.103-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.103-4 International Agreement 41 U.S.C. 3304(a)(5) FAR 6.103-5 Authorized or required by statute 41 U.S.C. 3304(a)(6) FAR 6.103-6 National Security 41 U.S.C. 3304(a)(7) FAR 6.103-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.104-1(a)(5)).

The Bureau of Reclamation requires ongoing refuse and recycling collection and disposal services at New Melones Lake, Glory Hole Recreation Area, to support public recreation use, maintain sanitary conditions, and prevent environmental and public health hazards.

These services are required on a recurring basis due to high seasonal visitation and the

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(01/2026) dispersed placement of dumpsters throughout multiple recreation sites, including campgrounds, day use areas, boat ramps, and parking areas.

The minimum requirement is for a contractor capable of providing consistent and reliable waste collection, transportation, and disposal services using appropriate equipment and authorized disposal facilities within Calaveras County. Under Calaveras County solid waste ordinances and franchise requirements, Cal-Waste holds the exclusive franchise agreement authorizing it to provide refuse and recycling collection services within the County, including the New Melones Lake project area. Market research conducted by the Government, including a Sources Sought Notice posted on SAM.gov, did not identify any other vendors legally authorized to perform these services within the jurisdiction.

Because the requirement is located entirely within a county-controlled franchise service area, competition is not feasible. The franchise structure limits performance to a single authorized provider, and no other contractor can obtain the required authorization to perform these services. This exclusivity constitutes the unique qualification necessary to meet the Government’s minimum needs.

Review of the Calaveras County Integrated Waste Management Comprehensive Review confirmed that the County manages waste and recycling services through an exclusive franchise agreement with Cal-Waste, stating that the franchise agreement provides Cal- Waste the ‘exclusive right to perform residential and commercial waste and recyclables collections services throughout the County.’ This supports that Cal-Waste is the sole authorized provider for these services within the County franchise system.

The period of performance is scheduled to begin June 1, 2026, with no interruption in service from the expiring contract. Any lapse in service would result in immediate impacts to public health, sanitation, and environmental conditions at heavily used recreation sites. Cal-Waste is the only source capable of ensuring uninterrupted service continuity and compliance with applicable county waste management requirements.

6. Description of efforts made to maximize competition (FAR 6.104-1(a)(6)).

Reclamation took steps to maximize competition by publicly posting a Sources Sought Notice on SAM.gov from April 16, 2026 through April 23, 2026. The notice was issued to identify all potential sources capable of performing refuse and recycling collection and disposal services at New Melones Lake and invited interested vendors to submit capability statements demonstrating their ability to perform the requirement, including legal authority to operate within Calaveras County.

The Sources Sought Notice was publicly available on SAM.gov to ensure broad visibility and maximize participation from industry. All responsible sources were permitted to submit responses for Government review.

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(01/2026)

Reclamation also reviewed mandatory sources, including AbilityOne and UNICOR, as part of standard market research procedures to identify any potential providers capable of performing the requirement.

7. Determination of Fair and Reasonable Cost (FAR 6.104-1(a)(7)).

The Contracting Officer will determine that the proposed price is fair and reasonable in accordance with RFO 12.204. Because this requirement is restricted to a single source due to Calaveras County’s exclusive solid waste franchise system, competitive price analysis is not applicable.

The determination of fair and reasonable pricing will be based on available supporting data, including the Independent Government Cost Estimate (IGCE), comparison to historical pricing from Purchase Order 140R2021P0005, and any other reasonable basis.

Calaveras County exercises oversight of Cal-Waste franchise services, including approval of periodic rate adjustments under the existing franchise agreement. This regulatory structure provides additional context that pricing for solid waste services within the County is subject to governmental review and control.

These combined methods provide sufficient basis for the Contracting Officer to determine that the proposed price is fair and reasonable for award.

8. Description of Market Research Conducted (FAR 6.104-1(a)(8)).

Market research was conducted to determine whether any sources exist that are both capable of and legally authorized to perform refuse and recycling collection and disposal services at New Melones Lake. A Sources Sought Notice was posted on SAM.gov from April 16, 2026 through April 23, 2026 requesting capability statements and requiring respondents to demonstrate legal authority to perform services within Calaveras County, including any applicable franchise authorization or other legal basis to operate within the project area.

Three responses were received from We Haul It All LLC, Federal Government Contractors LLC, and Navid Kohsar Construction Company LLC (NKCC). All three vendors provided general capability statements describing waste management services and related experience; however, none demonstrated that they hold a franchise agreement or other legal authorization to independently perform refuse and recycling collection services within Calaveras County under the applicable franchise system.

Federal Government Contractors LLC and We Haul It All LLC did not provide evidence of authorization to operate within the project area or otherwise address the County’s franchise requirements. NKCC similarly did not demonstrate independent legal authority

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(01/2026) and indicated a potential approach involving subcontracting or teaming with the authorized franchise holder; however, no executed agreement or documentation of such an arrangement was provided. A follow-up request for clarification was sent to all three vendors; however, no additional responses or documentation were received. As such, none of the responses were determined to be viable for award as a prime contractor.

Additional market research included review of mandatory sources, including AbilityOne and UNICOR, which identified no available sources capable of performing the requirement. The Contracting Officer also reviewed prior acquisition history, including Purchase Order 140R2021P0005, which confirmed the requirement was previously awarded under a sole source basis due to county franchise restrictions.

The market research demonstrated that refuse and recycling collection services within Calaveras County are governed by an exclusive franchise system that limits performance to a single authorized provider. No additional vendors were identified as both legally authorized and capable of performing the requirement within the project area.

9. Any Other Supporting Facts (FAR 6.104-1(a)(9)).

N/A

10. Listing of Interested Sources (FAR 6.104-1(a)(10)).

California Waste Recovery, LLC (Cal-Waste) 175 Enterprise Ct, Suite A Galt, CA 95632

11. Actions Taken to Remove Barriers to Competition (FAR 6.104-1(a)(11)).

The primary barrier to competition for this requirement is Calaveras County’s exclusive solid waste franchise system, which restricts refuse and recycling collection services within the project area to a single authorized provider. Because this limitation is established through County ordinance and franchise agreement, there are no actions the Government can take to remove or overcome this barrier.

Reclamation mitigated competition constraints to the maximum extent practicable by issuing a Sources Sought Notice on SAM.gov from April 16, 2026 through April 23, 2026 to identify any potential capable sources and to ensure all interested vendors had an opportunity to demonstrate both technical capability and legal authority to perform the requirement. Three vendors responded, however, none of them demonstrated legal authority to operate within Calaveras County, and follow-up clarification from the vendors did not result in additional information. The requirement was also structured using performance-based language to avoid unnecessary restrictions.