ISWM justification_FINAL dated 14 Jan 25(AwardNotice).pdf

SOURCE SELECTION SENSITIVE

Justification and Approval (J&A) for Other Than Full and Open Competition

SOURCE SELECTION SENSITIVE August 2023 Page 1 of 6

Was a J&A approved for the preceding acquisition where that acquisition required a J&A? Yes No

! ! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at DAFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $750K > $750K and < $15M > $15M and < $100M > $100M

Contracting Activity: 9th Contracting Squadron (9 CONS), 6500 B Street, Beale AFB, CA 95903

Purchase Request (if available) / Local ID Number: TBD

Program / Project (and PE, if applicable): Integrated Solid Waste Management (ISWM)

Program Type (PEO, Enterprise, of Operational): Operational

Authority:

6.302-1 – 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $ J&A Type: Class Individual

CO O RDINATIO N ( DAFFARS 5306 . 304 ( a) ) ** The text in the signature blocks below is editable, including the title.

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APPROVAL ( DAFFARS 5306 . 304 ( a) )

Date Competition Advocate Signature

14 Jan 2025

Sign and Save Procedure

SOURCE SELECTION SENSITIVE August 2023 Page 2 of 6

I. Agency and Contracting Activity.

This justification is prepared on behalf of the Department of the Air Force.

The contracting activity responsible for this acquisition is the 9th Contracting Squadron located at Beale Air Force Base (AFB), California.

II. Nature and/or description of the action being approved.

This J&A supports the establishment of a five year (1) year base plus four 1 year options follow-on contract for base refuse and recycling services at Beale AFB. Recology is the only responsible source capable of fulfilling this requirement. No other suppliers or services will satisfy the agency's needs due to the highly specialized nature of the acquisition and Recology's unique qualifications. Recology holds exclusive rights and contracts to operate within the jurisdiction providing waste collection and disposal services for the geographic area encompassing Beale AFB. Their proprietary infrastructure, established logistical network, and regulatory compliance ensure the seamless provision of these essential services without disruption to mission-critical operations. Alternative sources cannot replicate the specialized capabilities and geographic exclusivity required to meet the agency's specific needs, making Recology the only viable provider for this acquisition.

The proposed contract will ensure continuity of essential waste management services, including refuse collection, recycling, and disposal to support mission readiness and the daily operations at Beale AFB.

III. Description of supplies/services required to meet agency needs.

This requirement is for a commercial, performance-based, non-personal service to provide refuse collection and recycling service located at Beale AFB. The contractor shall furnish all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform refuse and recycling collection and disposal as defined in the Performance Work Statement (PWS). The contractor shall provide routine collection and disposal waste from the designated area set forth in Appendix A or otherwise mutually agreed upon in writing between contractor and Beale AFB, including residential housing, administrative buildings, operational units, and other facilities on base. Recycling services shall cover common materials such as plastics, paper, metals, organics, and other recyclable items. Services shall be performed in a manner that ensures environmental compliance with local, state and federal regulations and supports Beale AFB's sustainability goals.

The contractor is responsible for ensuring collections are conducted on a set schedule, maintaining cleanliness of collection areas and providing prompt service to avoid disruptions to base operations.

The total estimated value of this acquisition (including options) is N/A. The total estimated value for this service was calculated based on a combination of historical data and recent market research. Pricing data from the previous contract at Beale AFB was used as a baseline. Adjustments were made for inflation and anticipated changes in service volumes.

Additionally, pricing from recent awards for similar refuse and recycling services at Travis AFB and Robins AFB were reviewed and incorporated to the Governments estimate due to the similarities in scope, waste volumes, and geographic considerations. 3400 Operations & Maintenance (O&M) funds will be used to acquire the services identified below. The base year of the proposed contract will be incrementally funded to align with the availability of appropriated funds. Specifically, the first six (6) months of the base year will be funded using FY25 3400 funds, while the latter six (6) months will be funded with FY26 3400 funds, subject to the availability of appropriations. This funding structure ensures compliance with fiscal law while meeting the Government's operational needs without delay.

The quantities for each item and period of performance is as follows:

Base Year: 31 March 2025 - 30 March 2026

CLIN 0001 - Refuse/Garbage Collection - 12 Months (FFP)

CLIN 0002 - Special Events - 23,640 Each (NTE)

CLIN 0003 - Unscheduled Pick-Up - 2,206 Each (NTE)

SOURCE SELECTION SENSITIVE August 2023 Page 3 of 6

CLIN 0004 - Demurrage Fee - 12 Months (FFP)

CLIN 0005 - Environmental On-Call Bin - 1,404 Each (NTE)

CLIN 0006 - Organics -12 Months (FFP)

Option Period 1: 31 March 2026 - 30 March 2027

CLIN 1001 - Refuse/Garbage Collection - 12 Months (FFP)

CLIN 1002 - Special Events - 23,640 Each (NTE)

CLIN 1003 - Unscheduled Pick-Up - 2,206 Each (NTE)

CLIN 1004 - Demurrage Fee - 12 Months (FFP)

CLIN 1005 - Environmental On-Call Bin - 1,404 Each (NTE)

CLIN 1006 - Organics -12 Months (FFP)

Option Period 2: 31 March 2027 - 30 March 2028

CLIN 2001 - Refuse/Garbage Collection - 12 Months (FFP)

CLIN 2002 - Special Events - 23,640 Each (NTE)

CLIN 2003 - Unscheduled Pick-Up - 2,206 Each (NTE)

CLIN 2004 - Demurrage Fee - 12 Months (FFP)

CLIN 2005 - Environmental On-Call Bin - 1,404 Each (NTE)

CLIN 2006 - Organics -12 Months (FFP)

Option Period 3: 31 March 2028 - 30 March 2029

CLIN 3001 - Refuse/Garbage Collection - 12 Months (FFP)

CLIN 3002 - Special Events - 23,640 Each (NTE)

CLIN 3003 - Unscheduled Pick-Up - 2,206 Each (NTE)

CLIN 3004 - Demurrage Fee - 12 Months (FFP)

CLIN 3005 - Environmental On-Call Bin - 1,404 Each (NTE)

CLIN 3006 - Organics -12 Months (FFP)

Option Period 4: 31 March 2029 - 30 March 2030

CLIN 4001 - Refuse/Garbage Collection - 12 Months (FFP)

CLIN 4002 - Special Events - 23,640 Each (NTE)

CLIN 4003 - Unscheduled Pick-Up - 2,206 Each (NTE)

CLIN 4004 - Demurrage Fee - 12 Months (FFP)

CLIN 4005 - Environmental On-Call Bin - 1,404 Each (NTE)

SOURCE SELECTION SENSITIVE August 2023 Page 4 of 6

CLIN 4006 - Organics -12 Months (FFP)

This is a standard commercial services requirement for Integrated Solid Waste Management, there is no intellectual property nor associated rights for this program/requirement.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The acquisition requires the use of the authority under FAR 6.302-1 due to the unique qualifications of the contractor, Recology, and the specialized nature of the requirement. Recology is the only contractor authorized and equipped to provide refuse collection and disposal services within the geographic area encompassing Beale AFB. The contractor holds exclusive agreements with local municipalities, granting them the sole right to operate within the jurisdiction, and possesses the infrastructure necessary to perform these services in compliance with local, state, and federal regulations. The nature of this acquisition requires specialized waste collection and disposal services that cannot be obtained from any other source without incurring significant delays and duplicative costs. Recology's established logistical network, proprietary systems, and regulatory compliance capabilities uniquely position them as the sole provider capable of meeting the agency's requirements. This framework precludes full and open competition due to the following unique qualifications and requirements:

a) Exclusive Franchise Agreement: Yuba County's agreement with Recology Yuba Sutter grants the company the exclusive rights to provide refuse and recycling services within the county. This agreement was established in compliance with state and local regulations governing solid waste management, effectively requiring Beale AFB to obtain these services from the designated provider.

b) Statutory Authorization: Under 42 U.S. Code 6961(a)(2), federal agencies must comply with all substantive and procedural requirements of local solid waste disposal programs. Yuba County's franchise agreement represents such a program, mandating that refuse and recycling services be procured through Recology Yuba Sutter as the specified source.

c) Specialized Knowledge and Compliance: Recology Yuba Sutter possess knowledge of the local waste management regulations and infrastructure required to ensure full compliance with Yuba County's environmental policies. This includes established routes, disposal sites, and operational processes specifically tailored to meet the county's requirements. No other contractor is authorized or equipped to provide these services within the legal and regulatory framework established by Yuba County.

d) Continuity of Operations: Recology Yuba Sutter's unique position as the sole authorized provider ensures uninterrupted delivery of essential services critical to Beale AFB's operational readiness and environmental compliance. Transitioning to an unauthorized provider would violate local laws and disrupt waste management operations.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

In accordance with FAR Subpart 5.2, efforts have been made to ensure potential sources are given the opportunity to respond. A Notice of Intent to award a sole-source contract to Recology was posted on 12 December 2024. This notice will remain publicly available for a period of 15 days, allowing any interested parties to review and respond with information demonstrating their capability to meet the agency's requirements. This posting ensures compliance with the requirement to publicize the proposed contract action and allows for the identification of any potential alternative sources. The notice generated two responses from small businesses. The first small business asserted being an 8(a), Hubzone, and WOSB certified company from Daphne, Alabama. This company provided a capability statement listing three past performance contracts; however, none were relevant to solid waste management services. The second company asserted to specializing in janitorial, grounds maintenance, and solid waste management based in Dallas, Texas. While the Dallas based company demonstrated relevant experience, the requirement necessitates a local provider to ensure timely and efficient performance.

Based on these factors and the results of the notice, the Government maintains its decision to sole source the requirement to Recology, a local provider with the necessary capability and proven performance in solid waste management. No additional

SOURCE SELECTION SENSITIVE August 2023 Page 5 of 6 sources have been identified to date that can fulfill the highly specialized requirements of this acquisition.

These efforts demonstrate the Government's commitment to soliciting offers from as many potential sources as practicable while ensuring the mission's unique requirements are met.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined that the anticipated cost to the Government for this acquisition will be fair and reasonable. A price analysis will be conducted in accordance with (IAW) FAR 15.404-1(b) to evaluate the proposed pricing.

This analysis will utilize relevant data, including historical prices from the previous contract, market research, and pricing for similar refuse and recycling services in comparable regions.

As this acquisition involves commercial services, certified cost and pricing data will not be required IAW FAR 15.403-1(c)(3).

The contractor, Recology Yuba Sutter, is the sole authorized provider under an exclusive franchise agreement established by Yuba County. The Contracting Officer will ensure the proposed pricing aligns with market trends and is consistent with the services provided under the existing franchise framework, to include, consistent with the current Collective Bargaining Agreement (CBA) Addendum dated 1 October 2022 (Reference Attachment 2_CBA).

Through this approach, the Government will ensure that the prices associated with this contract are fair, reasonable, and in the best interest of the Government while maintaining compliance with all applicable regulations.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was conducted to determine the availability of qualified sources to provide refuse and recycling services at Beale AFB. The research included a review of the previous contract (FA468619CA015) to confirm service requirements and pricing. It was determined that the exclusive franchise agreement between Yuba County and Recology Yuba Sutter mandated the use of this sole source provider. Yuba County's solid waste management program and exclusive franchise agreement were examined to verify that no other providers are authorized to perform these services within the county.

Additionally, market research included a comparison of pricing and services for similar refuse and recycling requirements at other Air Force installations. This research confirmed that exclusive franchise agreements are consistent across other bases.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

Recology is uniquely qualified to provide the required refuse collection and disposal services for Beale AFB due their exclusive operating rights within the local jurisdiction. These rights are granted through municipal agreements that designate Recology as the sole authorized provider for waste management services in the area. Additionally, Recology has an established infrastructure, including specialized equipment, personnel, and logistical networks which are tailored to the specific needs of the geographic region. Engaging another provider would not only result in significant delays but could also require duplicative costs to establish comparable infrastructure and comply with local regulations, thereby increasing the overall cost to the Government.

Recology's proprietary access to disposal facilities and established compliance with local, state, and federal environmental regulations further solidify their position as the only viable source for this acquisition. Any attempt to compete this requirement would disrupt essential services, jeopardize environmental compliance, and potentially impair mission-critical operations at Beale AFB.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

See Section V above.

SOURCE SELECTION SENSITIVE August 2023 Page 6 of 6

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The agency recognizes the importance of promoting competition wherever feasible and will take the following actions to address any barriers to competition before subsequent acquisitions for refuse and recycling services:

a) The agency will engage with Yuba County to explore options for modifying the exclusive franchise agreement to allow for broader competition. This may include discussions about alternative contracting arrangements or amendments to the current agreement to facilitate competitive procurement processes.

b) The agency will conduct additional market research to identify other potential providers who may be authorized to perform similar services under different regulatory frameworks. Engagement with industry stakeholders will help determine if future changes in local regulations could enable competitive opportunities.

c) The agency will collaborate with legal counsel and policy experts to examine alternative statutory or regulatory approaches that may provide greater flexibility in future procurements. This includes evaluating the potential for legislative changes at the state or local level that could open the market to competition.

d) The agency will monitor any changes in local solid waste management policies or franchise agreements that could impact the availability of additional sources for future acquisitions.

By taking these proactive steps, the agency aims to ensure that barriers to competition are minimized or eliminated to the greatest extent possible for future requirements, fostering competition and promoting best value for the Government.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by our signature(s) above, we certify that any supporting data contained herein, which is our responsibility, is both accurate and complete.

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