FY26 Agri-Cycle JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Food-Waste-Collection Services

Pursuant to the Revolutionary Federal Acquisition Regulation Overhaul (RFO)6.103-1, only one responsible source and no other supplies or services will satisfy agency requirements, the Federal Bureau of Prisons (BOP) has determined that the procurement of an extensive food-waste-collection services for FCI Berlin located in Berlin, NH, meets the criteria established for other than full and open competition. It is further determined that only one responsible source is capable of providing services to the institution, and that such an award would prevent serious injury, financial, or other liabilities to the Government. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Institution Berlin 1 Success Loop Rd Berlin, NH 03570

2. FAR 6.104-1(a)(2): Nature and/or description of the action being approved:

The Agency requires food-waste-collection services to remove food waste from the correction facility. This is a vital function for sanitation, health, and continuity of operations.

3. FAR 6.104-1(a)(3): Description of supplies or services required to meet the agency needs:

The contractor shall provide Food-waste-collection services for the period of March 18, 2026 through September 30, 2026. The total estimated amount for service is $5,180.00.

4. FAR 6.104-1(a)(4): An identification of the statutory authority permitting other than full and open competition:

The statute authority permitting other than full and open competition 41 U.S.C. 3304(a)(1) and the implemented by RFO (Revolutionary FAR Overhaul) FAR Deviation 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements. Specifically, RFO 6.103-1(b) provides agencies may contract without providing for full and open competition when the supplies or services required by the agency are available from only one responsible source and no other type of supplies or service will satisfy agency requirements.

5. FAR 6.104-1(a)(5): Determination that proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The contractor, Agri-Cycle is the sole provider of food-waste-collection services in the Berlin, NH service area of Coos County.

They are the only de-parker, capable of separating food products from cans, jugs, boxes, and other packaging which saves time and money.

They provide clean, renewable energy throughout the region. Agri-Cycle is the sustainable solution which converts harmful greenhouse gasses into clean energy and fertilizer. The next closest food-waste-collection for FCI Berlin to delivery to is Rowell’s Services. This contractor does not have the equipment necessary (de-parker) for separating food products from cans, jugs, boxes, and other packaging.

The food-service-waste service FCI Berlin receives locally is approximately _100__ miles from the institution.

6. FAR 6.104-1(a)(6): Efforts made to solicit from as many potential sources are practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

Since the proposed contract action is estimated at $5,180.00 a notice is not required in the Government wide point of entry

(GPE).

7. FAR 6.104-1(7): Contracting Officer’s determination that the cost to the government will be fair and reasonable:

The Contracting Officer has determined that the estimated price of $5,180.00 for the period of FY-26 is fair and reasonable. The estimated price is consistent with what the Federal Bureau of Prisons has been paying for during the last fiscal year.

8. FAR 6.104-1(a)(8): Description of the market survey conducted:

Market research was conducted in accordance with FAR Part 10 and to the extent commensurate with the urgency, established value, and complexity of the requirement. Agri-Cycle is the only food-waste-collection service w i th i n r ea s o na b l e d is t an c e for the Coos County area, which is approximately 100 miles from FCI Berlin, 1 Success Loop Road, Berlin, NH, 03570.

9. FAR 6.104-1(a)(9): Other Facts Supporting the use of other than full and open competition:

The provision of food-waste-collection services is essential for the orderly operation of FCI Berlin.

10. FAR: 6.104-1(a)(10): List of Sources, if any, Expressed in Writing, an interest in the acquisition:

No other sources sought due to proprietary concerns.

11. FAR: 6.104-1(a)(11): Actions taken by the agency to remove or overcome barriers to competition:

Argi-Cycle is the only food-waste-collection services available to FCI Berlin area. They are the only de-parker, capable of separating food products from cans, jugs, boxes, and other packaging which saves time and money. They provide clean, renewable energy throughout the region. Agri-Cycle is the sustainable solution which converts harmful greenhouse gasses into clean energy and fertilizer. The acquisition of these services is necessary. As supported in this document, our experience indicated that a single source provider for food-waste-collection services are imperative.

12. FAR 6.104-1(a)(12): Contracting Officer’s Certification:

In accordance with RFO 6.104-2, I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

Jessalynn Laflamme Date Property and Procurement Specialist