E53_MISC_JOFOC_FAR_6_103_JA26-00264_Redacted_1.pdf
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- Attached to
- EO 14398 Refuse Service for Mescalero Agency
- Solicitation number
- 140A0726C0005
About this file
This is a Justification for Other Than Full & Open Competition (J&A) document for a follow-on trash services contract with the Mescalero Apache Tribe.
The Bureau of Indian Affairs, Mescalero Agency (Purchase Request 44054126) seeks to award a firm-fixed-price trash services contract to the Mescalero Apache Tribe, located at 108 Central Avenue, Mescalero, NM 88340 (UEI: KUPBFZQBMQ53). The contract covers residential and commercial solid waste collection and routes across the Mescalero Apache Reservation, with performance scheduled from 9/1/2026 through 8/31/2027, plus four one-year option years. This is a follow-on to previous contract 140A0721P0034. The statutory authority cited is FAR 6.103-1 (Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements), as the Mescalero Apache Tribal Utility Department is identified as the sole source for trash services in the area, operated directly by the Tribe and managing day-to-day waste collection operations. The contracting officer (Brian Roberts, Bureau of Indian Affairs) determined the anticipated cost is fair and reasonable based on prior similar purchases found acceptable. Market research confirmed trash services are primarily provided by the Mescalero Apache Tribal Utility Department with no other viable sources available. A special notice will be posted for five days before award. No other sources expressed written interest in the acquisition, and no actions can be taken to overcome competition barriers until the Tribe is no longer the sole source provider.
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5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by art 5 and, if not, which exception under 5 applies.
7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.
I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is based on the following:
8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.
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