Questions and Answers Amendment 01.pdf

FA462023RA110 REFUSE SERVICE AMENDMENT 01

Questions And Answers

Q1: What is the Washington State Law reference for Issuance or Transferability of certificate for Operating for the hauling of solid waste for compensation?

A1: RCW 81.77.040 located at https://app.leg.wa.gov/rcw/default.aspx?cite=81.77.040 Certificate of convenience and necessity required—Issuance—Transferability—Solid waste categories.

A solid waste collection company shall not operate for the hauling of solid waste for compensation without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation. Operating for the hauling of solid waste for compensation includes advertising, soliciting, offering, or entering into an agreement to provide that service. To operate a solid waste collection company in the unincorporated areas of a county, the company must comply with the solid waste management plan prepared under chapter 70A.205 RCW in the company's franchise area.

Issuance of the certificate of necessity must be determined on, but not limited to, the following factors:

The present service and the cost thereof for the contemplated area to be served; an estimate of the cost of the facilities to be utilized in the plant for solid waste collection and disposal, set out in an affidavit or declaration; a statement of the assets on hand of the person, firm, association, or corporation that will be expended on the purported plant for solid waste collection and disposal, set out in an affidavit or declaration; a statement of prior experience, if any, in such field by the petitioner, set out in an affidavit or declaration; and sentiment in the community contemplated to be served as to the necessity for such a service.

When an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after notice and an opportunity for a hearing, issue the certificate only if the existing solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission or if the existing solid waste collection company does not object.

In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require.

Any right, privilege, certificate held, owned, or obtained by a solid waste collection company may be sold, assigned, leased, transferred, or inherited as other property, only if authorized by the commission.

For purposes of issuing certificates under this chapter, the commission may adopt categories of solid wastes as follows: Garbage, refuse, recyclable materials, and demolition debris. A certificate may be issued for one or more categories of solid waste. Certificates issued on or before July 23, 1989, shall not be expanded or restricted by operation of this chapter.

Q2: What is the Purpose of this Permit?

A2: Information located at https://apps.oria.wa.gov/permithandbook/permitdetail/195 A person must have a certificate of public convenience and necessity from the commission before operating as a solid waste collection company in the state of Washington. A solid waste collection company is in the business of transporting solid waste for collection and/or disposal from points in the state of Washington, for compensation, over the public highways.

Q3: Who Issues this Permit?

A3: Utilities and Transportation Commission

Q4: How Much Will this Permit Cost?

A4: $200 Application or Transfer of Authority fee.

Q5: Where Can I Get the Application for this Permit?

A5: The application which is called 'Solid Waste Collection Company Under Chapter RCW 81.77.040' is online and can be accessed at https://www.utc.wa.gov/regulatedIndustries/transportation/solidWaste/Pages/default.aspx.

Q6: Do I Need to Include Anything with my Application?

A6:Must provide and maintain appropriate insurance (Form E).

Q7: How Long Will it Take to Review my Application?

A7: It takes an average of 31 days to process a completed application (or 55 days if incomplete) which includes a 30-day mandatory protest period (WAC 480-70-106). If the application is protested, it will go to an administrative hearing and may take several months for a decision.

Q8: Where do I Submit my Application?

A8: Click here to upload and e-File your application. Note your electronic filing confirmation number and fee amount.

Q9: What are other State information Sources for Solid Waste Carrier?

A9: The following Links are located at https://apps.oria.wa.gov/permithandbook/permitdetail/195 :

- Consumer Guide: Garbage and Recycling

- Consumer Guide: Garbage and Recycling

- Cost Assessment Guidelines

- Intrastate Motor Carrier Insurance Requirements

- Motor Carrier Overview Fact Sheet

- Solid Waste Certificates' Web Map

- Transportation Fact Sheet

- USDOT Number

- WA State Commercial Vehicle Guide

- Your Guide to Achieving a Satisfactory Safety Rating

Q10: Where can I get permitting assistance?

A10: Web page atURL:http://www.utc.wa.gov/regulatedIndustries/transportation/solidWaste/Pages/default.aspx or Helpdesk phone: 360-664-1222 Subject matter expert phone: 360-664-1222 Subject matter expert email: transportation@utc.wa.gov Statewide Contact:

Utilities and Transportation Commission 621 Woodland Square Loop SE PO Box 47250, Olympia WA 98504-7250 Lacey, WA 98503 Telephone: (360) 664-1160 Email: transportation@utc.wa.gov Website: http://www.utc.wa.gov

Q11: Request the past 3 years be changed to prior 8 years for relevant past performance?

A: Request is denied Subparagraph proposal must be in accordance with (IAW) the Addendum FAR 52.212-1 (10); PAST PERFORMANCE INFORMATION in the solicitation. IAW Addendum 52.212-2- Evaluation Commercial Items in the solicitation “In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the government (e.g.

CPARS).”

Q12: Please provide a neutral ruling for those who don't have current past performance.

A12: IAW Addendum 52.212-2-Evaluation Commercial Items in the solicitation “In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. The offeror will have an opportunity to respond to any overall unfavorable past performance, if not previously afforded the opportunity by the government (e.g. CPARS).”

Q13: Request that Key Personnel experience be counted for the company past performance and combined education, military service as evidence of capability and assurance of satisfactory performance.?

A13: IAW Addendum 52.212-2-Evaluation Commercial Items in the solicitation sources of past performance in addition to Past Performance Questionnaires, the government will also utilize data independently obtained from other government and commercial sources as required.