JOFOC Landfill signed.pdf

AGENCY: Department of Justice - Bureau of Prisons

CONTRACTING ACTIVITY: Federal Correctional Institution, Otisville NY

ACTION TO BE APPROVED: This action is for the acquisition of tipping fees with the local landfill from May 1st, 2024 through September 31st, 2025 with Orange County Landfill.

DESCRIPTION OF SUPPLIES REQUIRED TO MEET THE AGENCY’S NEEDS:

FCI Otisville requires the use of a landfill for all of the Institutional waste. This landfill is the only local landfill within a 60 miles radius.

AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION: FAR 6.302-2, (a) Authority. (1) Citation 10 U.S.C. 2304 @ (2) or 41 U.S.C. 253(c) (2). Application (2) when the agency's need for supplies or services is of such an unusual or compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals (b) Application This authority applies in those situations where (1) an unusual and compelling urgency precludes full and open competition.

DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED: This landfill is the only local landfill within a 60 miles radius. Having an inmate transport the solid waste to a further location at similar tipping fee rates would not make logistical or financial sense. The drive now to Goshen, NY is roughly 20 minutes for an inmate to transport solid waste to the landfill.

DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE: The cost is anticipated to be fair and reasonable as New York State tipping fees are in line with what Orange County Landfill charges the Institution.

A DESCRIPTION OF THE MARKET SURVEY CONDUCTED AND THE RESULTS OF A

STATEMENT OF THE REASONS A MARKET SURVEY WAS NOT CONDUCTED: Extensive market research was conducted for landfill in the area and there were none within 60 miles.

Other landfills that were surveyed showed tipping fees around the same amount as Orange County Landfill.

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION: The landfill has been used for decades by the Institution.

A LISTING OF THE SOURCES THAT EXPRESSED AN INTEREST IN THE ACQUISITION: N/A

A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIER TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION

FOR THE SUPPLIES OR SERVICES REQUIRED: To complete a search for new landfill that might be developed in the area.

CONTRACTING OFFICER CERTIFICATION: I herby certify that this justification is accurate and complete to the best of me knowledge and belief, based on information researched by myself and that which was provided by other persons.

George Bodine Contract Officer FCI Otisville