JUSTIFICAITON AND APPROVAL BASE ASTORIA AND TP DUMPSTERS.pdf

March 8, 2023 Version

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION

NUMBER

31190PR240000132

PROJECT/TASK

NUMBER

UCGILBRY24/3CSERVICES

ESTIMATED AMOUNT (Over Micro- Purchase Threshold, but up to the SAT)

$25,200.00

CITE AUTHORITY & JUSTIFICATION TYPE – READ FAR 6.302 TO DETERMINE APPROPRIATE TYPE

10 U.S.C. § 3204(a)(1)

ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY

AGENCY REQUIREMENTS.

☐ 10 U.S.C. § 3204(a)(2) UNUSUAL AND COMPELLING URGENCY

10 U.S.C. § 3204(a)(3)

INDUSTRIAL MOBILIZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY;

OR EXPERT SERVICES

☐ 10 U.S.C. § 3204(a)(4) INTERNATIONAL AGREEMENT

☒ 10 U.S.C. § 3204(a)(5) AUTHORIZED OR REQUIRED BY STATUTE – MUST PROVIDE IT

☐ 10 U.S.C. § 3204(a)(6) NATIONAL SECURITY

☐ 10 U.S.C. § 3204(a)(7) PUBLIC INTEREST [SECRETARY OF HOMELAND SECURITY NEEDS TO APPROVE THIS DOC]

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.

The USCG is in need of Refuse and Recycling services provided from a contractor who can be responsible for furnishing all labor, supervision, vehicles, containers and other equipment, materials, supplies and waste, recyclable materials and organic materials generated at Base Astoria, Astoria, Oregon. The City of Astoria has a Franchise with Recology who is the only authorized source that can provide the required support needed.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER

SUPPLIES OR SERVICES CAN BE USED.

In accordance with Parola v. City of Monterey, 848 F.2d 956(9th Cir. 1998), federal agencies are required to comply with local arrangements for solid waste disposal, including exclusive garbage collection franchises. The Parola ruling was based upon the requirements of Resource conservation and Recovery Act (“RCRA”) Section 6001 (42 U.S.C Section 6961). Such an exclusive type of garbage collection contract is established by the city of Astoria.

The City of Astoria only list one contractor, Recology Western Oregon, designated as the sole source to complete services in the area for USCG Base Astoria, Astoria, Oregon.

Therefore, the USCG is required to comply with local arrangements for solid waste disposal. If services is not provided, the refuse collection will be impacted and can potentially cause a hazard environment.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE).

When conducting market research through the City of Astoria, it was determined a franchise was in place for the location of service, therefore no announcement will be published. The franchise agreement is the only option the City of Astoria will allow for refuse collection services.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

The City of Astoria only list one contractor, Recology Western Oregon, designated as the sole source to complete services in the area for USCG Base Astoria, Astoria, Oregon. Therefore, the USCG is required to comply with local arrangements for solid waste disposal.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL

AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.

The current SP was not solicited as Base Astoria’s location falls under a City of Astoria Franchise agreement for waste and recycling collection. Therefore, the SP was set up as a monthly service purchase order until a contract is set up with the local franchise, per FAR Subpart 6.302-5 entitled “Authorized or required by statue”.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

None.

https://www.acquisition.gov/far/part-6#FAR_6_302 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204 https://www.govinfo.gov/link/uscode/10/3204

March 8, 2023 Version

SIGNATURE AND TITLE OF CUSTOMER

CODE

TELEPHONE

NUMBER

DATE

SIGNATURE OF CONTRACTING OFFICER

CODE TELEPHONE

NUMBER

DATE