Clean Harbors SSJ FY27 081826 (1).docx

SOLE SOURCE JUSTIFICATION FORM:

This completed form is to be submitted to PCU via the Request website as the first step in the Sole Source Process.

Important! Consult the document “Sole Source Justification Guidance” for additional instructions.

TYPE OR CLEARLY PRINT ALL INFORMATION

Project Name: Hazardous Waste Disposal Vendor name: Clean Harbors Environmental Services Vendor Address: 9775 E 97th Pl, Henderson, CO 80640 Select one: x Original ☐ Modification CORE Vendor ID: VC00000000010095 PO or Contract Number (if this is a modification):

Describe the products and/or services to be procured and how they meet your needs. (This space is limited – provide a scope of work or specs as additional documentation)

This project serves to provide hazardous waste removal for the CDPHE Laboratory.

List dates, agreement numbers and dollar amounts for any previously procured products or services from this vendor related to this project:

11/16/2021 - 2/21/2026 - PO 2022*6702 for $260,142.03

Term of agreement:

(If multi-year, indicate the full term up to 5 years)

amount $200,000

Increased

Revised Total

If a modification, state the reason(s):

A. Criteria: Answer both 1 and 2.

If “NO” to either 1 or 2, answer 3 and 4, below.

3. The compatibility of equipment, software, accessories, or replacement parts is the paramount consideration and the items are only available from one vendor.

a. Is this a software package or other IT system and the existing system now requires only ongoing maintenance and support?

If “NO” to 1-4, above, this is not a sole source.

STOP

A formal solicitation is required. Complete a Purchasing Determination Form.

Submit all required documents via the PCU Request Site.

B. Explain in terms of 1 through 4, above, the basis for your identifying this as a sole source? A sole source is justified in the instance that this is the only vendor - not what the program may determine to be the best vendor. Is this the only vendor? Explain (See form instructions)…

Clean Harbors is the only vendor within the State of Colorado that owns their own treatment, storage, and disposal facility (TSDF). The TSDF is the limiting factor in safely, properly, and compliantly disposing of hazardous waste. Previous vendors that did not own their own facility, were unable to provide us services because they were at the bidding of the TSDF operators. Owning and operating their own TSDF provides the State of Colorado more confidence and less risk associated with safely storing hazardous waste and maintaining a lower and hazardous waste generator status (having certain volumes of certain wastes, changes the CDPHE-LSDs generator status, creating more regulatory burden, increasing costs, and creating safety concerns).

Additionally, because Clean Harbors operates their own TSDF, they do not have regulatory burden each state line crossed and increased disposal costs. Under U.S. federal law, hazardous waste liability follows a "cradle-to-grave" rule. As the waste generator, your legal and financial responsibility does not end when the truck pulls away. You remain responsible for proper handling, transport, treatment, and final disposal, and you can be held liable for cleanup costs or fines if problems occur downstream. Each State has unique hazmat waste regulation that create additional barriers to final disposal and risk to CDPHE.

Clean Harbors can provide 24 hour emergency response capability to be able to respond to, mitigate, and decontaminate a hazardous waste spill. There are no other vendors that have this service, in addition to the disposal capabilities and owning/operating their own TSDF.

Clean Harbors is licensed to dispose of APHIS materials. APHIS is the regulatory body for high-risk biological agents and can act as a back-up to our current medical waste vendor, if they became unable to process our medical waste. APHIS permits are difficult to obtain and require specific treatment abilities that limited facilities are capable of. Additionally, Clean Harbors is EPA, DOT and RCRA compliant, which is important because it minimizes the State’s regulatory and liability risk. By utilizing a vendor that holds all necessary licenses for the entire waste management lifecycle—including transportation, storage, and disposal.

C. What makes this good or service unique to meeting your needs?

Owning and operating their own TSDF. Providing lab packing services. Providing 24 hour emergency response for hazardous waste spills. Providing APHIS regulated waste disposal. Providing cannabis product waste disposal.

E. What type of required, specific and exclusive experience, certifications, licenses etc. are possessed by this vendor that directly relate to the good or service to be procured?

Hazardous waste permit (EPA), RCRA permit (EPA), TSDF permit (EPA), Hazardous Waste Transportation permit (DOT), APHIS permit (USDA), graduate degrees in chemistry for determining chemical compatibility during lab packing devices.

F. What research has the program conducted to justify this sole source?

After our previous vendor (RCRA Waste Services) said they could not fulfill their contract and would not be providing any services to us. RCRA Waste Services refused to perform hazardous waste pick-ups because of their lack of a TSDF. The refusal significantly impeded the laboratories ability to dispose of hazardous waste and was nearing a point where the laboratory’s COVID response would need to cease to avoid creating an unsafe work environment and violating waste generator regulations. The program tried to determine which companies owned and operated their own TSDF, since the TSDF is the limiting factor for the proper disposal of hazardous waste.

The program found there were companies that own and operate a TSDF, but they are a drop off site and will not come to our facility and transport the waste for disposal. Of the companies that operate their own TSDF, none of them provide 24 hour emergency response capabilities. Other vendors that provide hazardous waste pick-up do not operate their own TSDF or transport the hazardous waste to other states for incineration or landfill disposal.

If Yes: Please Explain. (This space is limited – please provide additional documentation if applicable.)

H. This Section is Required – You must answer “Yes” to at least one.

If No to #3 above:

Demonstrate how you determined fair and reasonable prices/rates: Attach additional pages if required.

Division: CDPHE Lab Program: Central Services Program Contact Name: Patrick Belou Phone: 720-830-8986 Program Manager: Patrick Belou --------------------------------------------------------------------------------------------------------------------------------------------------------------------- Procurement Use Only:------------------ Comments:

Approved: __________________________________________________________________________ Agency Procurement Director or Authorized Representative Signature Date Posted on VSS? Yes ☐ No ☐ If posted, original Intent to Sole Source VSS# __________________________________________

If not posted or modified, Approved CDPHE Request #: _______________________________________

Sole Source Justification 4 Version A2021