Justification and Approval for FAR 6.3 - Base Alameda - (s).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3, and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified. The following facts and rationale required under FAR 6.303-2 justify the use of such authority:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Operational Logistics Command (LOG-94) prepared this justification for other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: USCG intends to procure on a sole source authorized or required by statue.

(b) Name and address of the contractor:

Alameda County Industries.

610 Aladdin AVE San Leandro, California 94577-4302

(c) Type of action: Firm Fixed-Price Contract.

(d) Estimated total value (including options):

Period Total

Base Year

12 mo.

$236,559.00

Option Year 1 12 mo. $248,386.95 Option Year 2 12 mo. $260,806.30 Option Year 3 12 mo. $273,846.61 Option Year 4 12 mo. $287,583.94

$1,307,137.80

Period of performance end date for current Service Procurement (SP):

31 March 2024.

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2024

(g) Solicitation number: 70Z08424QDL940006

(h) Background information about the requirement: Refuse Collection Services for Base Alameda, Alameda, California.

3. Description of Supplies/Services

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 Alameda, Alameda, California. The City of Alameda has a Franchise with Alameda County Industries, INC. who is the only authorized source that can provide the required support needed.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C § 2304(f)(2)(A) implemented by the FAR Subpart 6.302-5 entitled “Authorized or required by statue”.

5. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

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 Alameda.

The City of Alameda only list one contractor, Alameda County Industries, INC., designated as the sole source to complete services in the area for USCG Base Alameda, Alameda, California.

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

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

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

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on prior pricing data and in comparison with the independent government estimate.

8. Description of Market Research.

Based on market research, it was determined that the government will need to use the vendor specified in section 2(b) and competition will always be determined by the City of Alameda, California.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Our requirement is to utilize set solid waste collection franchise agreement in place by the City of Alameda. If we do not award to the selected contractor, based on location, under set franchise, we would not comply with the City’s regulations and set statue. Therefore, based on location for USCG Base Alameda, the City of Alameda has determined that set contractor listed on 2(b), Alameda County Industries, INC. will be the contractor providing services to USCG Base Alameda.

10. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

Based on market research, the City of Alameda has a franchise agreement for waste collection, therefore no further sources were contacted. The USCG must follow set franchise agreement.

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

____________________ __02/26/24_ TERRY E. CRAFT Date Contracting Officer

14. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

CHRISTOPHER A. JONES Date Technical Representative/COR

Final approver

JET I. FLORES Date Contracting Officer

2/23/24

JIFlores Typewritten Text 2/26/2024