JOFOC - Landfill BER.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FEDERAL CORRECTIONAL INSTITUTION BERLIN, NH

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 has determined that the procurement of landfill services at the Federal Correctional Institution in Berlin, NH, hereinafter referred to as 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. Nature and/or Description of Action:

The Agency requires solid waste/landfill services to remove solid waste from the correctional facility. This is a vital function for sanitation, health, and continuity of operations. The contractor is the sole provider of landfill services in the Berlin, NH, area of Coos County.

3. Description of supplies or services including estimated value:

Solid waste removal/landfill services is a vital function to health and sanitation at a correctional facility. The contractor is the sole provider of landfill services in the Berlin, NH, area of Coos County. This service is for fiscal year 2026 for the period of December 1, 2025-January 31, 2026.

The estimated aggregate amount for this requirement and time period is $6,000.00.

4. Statutory authority:

The statute authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) and implemented by RFO (Revolutionary FAR Overhaul) FAR 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 services will satisfy agency requirements.

5. Reason for authority cited:

Removal of solid waste is a vital function to the operations at FCI Berlin. Solid waste removal is necessary for safety and sanitation purposes for the institution and the inmates housed there. The contractor, Mt. Carberry Secure Landfill, is the sole provider of landfill services in the Berlin, NH, service area of Coos County. The next closest landfill is a 45-minute drive away, and due to the severity of weather in the Northeast region, along with winding roadways and the mountainous area, it is not a safe route to travel and is not cost effective to travel the distance when Mt.

Carberry Secure Landfill is located within three miles from FCI Berlin.

6. Efforts made to obtain competition:

Mt. Carberry Secure Landfill is the sole provider of landfill services in the Berlin, NH, area. For safety and cost effectiveness, there is not another responsible source for this service.

7. Determination of fair and reasonable:

Pursuant to FAR 15.403-l(b)(1), the Contracting Officer has determined the prices for these services are deemed fair and reasonable. The Contracting Officer will monitor pricing to ensure that it continues to satisfy this determination.

Pricing from Mt. Carberry Secure Landfill is in line with industry standard.

8. Description of the market research:

Market research has been conducted and the circumstances and legitimate needs have been identified. Information to the specific services being acquired have been documented above. The services under this contract are vital to the Government and must be continued without interruption. Only one source is currently identified as the local service provider for this requirement.

9. Other facts supporting the use of other than full and open competition:

No other supporting facts are identified.

10. List of sources:

There are no other sources available that would provide the services in the immediate timeframe required by the Government.

11. Statement of actions to remove competition barriers:

Potential methods to remove competition barriers are not immediately foreseeable.

The acquisition of these services is necessary. As supported in this document, our experience indicates that a single source provider for landfill services are imperative.

12. Certifications and Approvals:

In accordance with RFO 6.104-2, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. I further certify to the best of my knowledge and belief that this request is not the result of lack of acquisition planning, or a desire to expend funds while those funds are still available.

Submitted By:

Jessalynn LaFlamme, Procurement and Property Specialist

Date