NOI_Sole_Source_LEWI_Waste_and_Recycling_v2_1.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

CONTRACTING OPERATIONS - WEST

1849 C Street NW Washington, DC 20240

July 2, 2026

Notice of Intent

Notice of intent to issue a sole source contract for solid waste and recycling collection at Lewis and Clark National Historical Park. In accordance with FAR Parts 5.2 and 6.302-1 this notice advertises the government's intent to negotiate and award a sole source contract for solid waste and recycling collection.

The National Park Service (NPS), Lewis and Clark National Historical Park (LEWI), intends to negotiate and award a sole source contract for collection, transport, and disposal of solid waste and recycling from NPS facilities at the LEWI site. Solid waste collection is mandated by a Solid Waste Franchise Agreement with Clatsop County #20255020017 under the authority of Oregon State law ORS 459A.085.

We intend to negotiate a contract for a base year plus possibly up to four option years, for a total contract period not to exceed five years (base period upon initial award to 07/15/2026 and option years 07/15/2027 to 07/14/2028, through 07/14/2031).

RECOLOGY WESTERN OREGON - COAST, INC.

2320 SE 12TH AVE

WARRENTON, OR 97146 USA

The Justification for An Exception to Fair Opportunity Orders Over the Micro-Purchase Threshold and Under the Simplified Acquisition Threshold is posted below. Comments and questions regarding this sole source procurement may be directed to Sue Mayo Contract Specialist at Suellen_Mayo@ios.doi.gov.

Include your business name, SAM’s Unique Entity ID No., qualifications, and point of contact until July 10, 2026

OFFICE OF THE ACQUISITION AND PROPERTY MANAGEMENT

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DENVER, COLORADO 80225-0287

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Date: June 30, 2026

Reference: LEWI Waste and Recycling

Subject: Justification for Other Than Full and Open Competition

1. Identification of the Agency and the Contracting Activity: United States Department of the Interior, Office of the Acquisition and Property Management supporting National Park Service Programs. Contracting Operations West, Lewis and Clark National Historical Park

2. Nature and/or Description of the Action Being Approved:

Lewis and Clark National Historical Park (NHP) requires Solid Waste and Recycling collection services. This justification seeks approval for Lewis and Clark NHP to negotiate and award a non-competitive award contract for transportation, and disposal services of solid waste and recyclable materials in accordance with FAR 6.103-1 and 41 U.S.C. 253(C) (1) to RECOLOGY WESTERN OREGON - COAST, INC. at the Lewis and Clark NHP Maintenance Compound as mandated by the Solid Waste Franchise Agreement with Clatsop County #20255020017 under the authority of Oregon State law ORS 459A.085.

The geographic area where only Recology is permitted to provide service within Lewis and Clark NHP lie withing the boundaries of Clatsop County at the Lewis and Clark NHP Maintenance Compound.

3. A Description of the Supplies or Services Required to Meet the Agency’s Needs, Including the Estimated Value:

The work under this contract will include Solid Waste and Recycling collection services to include:

I. The contractor shall provide all labor, supervision, tools, transportation, materials, supplies and equipment to perform all operations of the solid waste collection and disposal function, which includes the collection, storage, treatment, processing and final disposition of garbage, refuse, and other discarded solid wastes resulting from residential and commercial activities from contractor-owned containers as specified in these specifications. Excluded from this definition are hazardous wastes and solids, solids or dissolved material in domestic sewage, and other pollutants in water resources such as silt and dissolved or suspended solids in industrial wastewater treatment plants effluents and biological/pathological wastes. The contractor is highly encouraged but not required to make a site visit before quoting.

II. Solid Wastes to be collected. Waste is produced from park operations including facility maintenance and grounds maintenance. Normal solid waste does not include rocks, earth, and construction waste, heavy or large metal objects, large appliances, automobile parts, explosives, chemicals, concrete, or other refuse of weights exceeding 75 pounds. The contractor shall not be required to break up boxes or crates or other solid waste to enable handling or hauling. If

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residential solid waste, unsuited for removal as specified herein, is encountered during normal collections operations, the contractor shall notify the Contracting Officer Representative.

III. Recycling to be collected. Carboard, paper, and mixed recycling shall be collected. If any non-recyclables or improper recycling disposal are in containers, the contractor shall notify the Contracting Officer Representative.

The estimated value of this acquisition is Base Year: $ Total with four option years: $

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

6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements. Authority. 10 U.S.C. 3204(a)(1) or 41 U.S.C. 3304(a)(1)

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires Use of the Authority Cited.

The requirement for Solid Waste and Recycling Collection Services at Lewis and Clark National Historical Park (LEWI) can only be met by Recology Western Oregon – Coast, Inc., due to a legally mandated exclusive-service structure established by Oregon state law and Clatsop County’s solid waste franchise system.

As documented in the Market Research Report, solid waste and recycling services within Clatsop County are governed by Oregon State Laws ORS 459A.085 and ORS 459.085, which regulate issuance of waste‑collection franchises throughout the state.

These laws authorize Oregon counties—such as Clatsop County—to establish exclusive franchise territories for waste hauling. Clatsop County exercised this authority through Solid Waste Franchise Agreement #20255020017, designating Recology as the only franchised waste‑collection service provider for the western portion of the county, which geographically encompasses the Lewis and Clark NHP Maintenance Compound.

The services must occur specifically at the Lewis and Clark NHP Maintenance Compound, which lies fully within Clatsop County’s western franchise zone. Market research found that in western Clatsop County, Recology is the only company that holds a franchise agreement to provide solid waste and recycling services.” No other source—small business or otherwise—holds eligibility to operate within this restricted area. Thus, the nature of the acquisition is inseparable from the geographic franchise limitation; any competition would be misleading, as no other vendor is legally permitted to perform the work.

under contract with the federal government.

Federal agencies are required to comply with local and state statutes regarding the collection and transportation of solid waste. This issue was addressed by the Ninth Circuit Court of Appeals in Parola v.

Wineberg, 848 F .2d 956 (9th Circuit 1988). There, the court reviewed the requirement of Section 1601 of the Resource Conservation and Recovery Act (42 U.S.C. 6961) and concluded that:

"RCRA Section 6001 requires federal installations to comply with local arrangements for solid waste

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collection and disposal, including exclusive collection franchises."

This conclusion was based upon language in the Act which states:

“All federal agencies and instrumentalities engaged in activity resulting, or which may result, in the disposal or management of solid waste or hazardous waste shall be subject to and comply with federal, state, and local requirements, both substantive and procedural…”

6. A Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable, Including Whether a Notice Was or Will be Publicized as Required by FAR Part 5 and, if Not, Which Exception Under FAR Part 5. Applies:

Market research and regulatory review demonstrate that meaningful competition cannot be obtained for Solid Waste and Recycling Collection Services at Lewis and Clark National Historical Park (LEWI) due to the exclusive solid‑waste franchise in Clatsop County, Oregon. Article XI Section 11.1 of Franchise Agreement 2025020017 enumerates the persons and practices exempted from the agreement, federal government jurisdiction is not listed. Per the requirements of Section 1601 of the Resource Conservation and Recovery Act (42 U.S.C. 6961) federal installations must comply with local arrangements for solid waste collection and disposal, including exclusive collection franchises.

The Contracting Office conducted market research to identify any potential alternative sources. This research included reviewing Oregon state statutes (ORS 459A.085), analyzing Clatsop County’s solid‑waste ordinances, and confirming the applicability of Solid Waste Franchise Agreement #20255020017, which grants Recology Western Oregon – Coast, Inc. exclusive authority to collect, transport, and dispose of municipal solid waste and recyclable materials within the western Clatsop County service area. Competitive sources were also searched through established government databases, including the System for Award Management (SAM.gov) and small‑business vendor listings under NAICS 562111.

Although numerous waste‑service vendors and small businesses exist statewide, none hold the legally required franchise to operate within Lewis and Clark NHP’s geographic service area.

Because Oregon solid‑waste law establishes exclusive franchises for waste‑hauling activities, and because Clatsop County designates only Recology as the authorized provider within the boundaries encompassing the Lewis and Clark Maintenance Compound, no other vendor is permitted by law to perform this service. Consequently, issuing a competitive solicitation would not yield any responsible or legally eligible offerors.

Based on these findings, the Contracting Office concludes that competition is not feasible for this acquisition. Recology Western Oregon – Coast, Inc. is the only responsible source capable of performing the required work, thereby necessitating the use of the authority at FAR 6.302‑1 and 41 U.S.C. 253(c)(1).

In this situation FAR Part 5.202-5 applies.

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

Based on the findings documented in the Market Research Report and the Acquisition Plan, it can be determined that the anticipated cost is fair and reasonable.

Regulatory Context:

This determination supports a planned noncompetitive award under FAR 6.302‑1, Only One

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Responsible Source, and 41 U.S.C. 253(c)(1). The justification is based on the fact that Recology Western Oregon – Coast, Inc. is the sole franchised provider authorized to perform solid waste and recycling collection for the service area encompassing the Lewis and Clark Maintenance Compound.

The franchise authority derives from:

• Clatsop County Solid Waste Franchise Agreement #20255020017 (county‑mandated exclusive service area)

• Oregon State Law ORS 459A.085 (governance of solid waste and recycling collection franchises)

The determination for fair and reasonable pricing are documented in the enterprise materials, the Market Research Report shows the Contract Specialist reviewed:

• Oregon DEQ and county regulatory requirements

• State franchise laws ORS 459A.085 and ORS 459.085

• Clatsop County’s verification that Recology is the only designated franchisee in the western portion of the county

A historical and comparative cost review shows the Independent Government Estimate (IGE) relied on:

• A review of past invoices over the prior year

• Averaging monthly charges to form a baseline

• Applying a 4% escalation factor for each option year, consistent with reasonable adjustments for inflation and regulated disposal-fee increases

This method aligns with standard federal pricing-analysis techniques for regulated utility-type services.

The Acquisition Plan states:

• Estimated base‑year cost: $9,185.76

• Total value including four option years: $49,752.84 These figures align with the IGE methodology and prior-year invoice data.

8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a Statement of the Reason Market Research Was Not Conducted:

Market research for the requirement of Solid Waste and Recycling Collection Services at Lewis and Clark National Historical Park (LEWI) was conducted in accordance with FAR Part 10 to determine whether competition was available and whether more than one responsible source could meet the Government’s need.

1. Review of State and Local Regulatory Requirements The Contracting Office reviewed Oregon State Law ORS 459A.085, which governs the regulation of solid‑waste and recycling collection franchises throughout Oregon. This research confirmed that Oregon counties have statutory authority to issue exclusive waste‑hauling franchises, legally preventing unlicensed

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firms from providing solid‑waste collection within the county’s jurisdiction.

Market research also examined Clatsop County’s Solid Waste Franchise Agreement #20255020017, which designates Recology Western Oregon – Coast, Inc. as the sole franchised collector for the western portion of Clatsop County, including the Lewis and Clark NHP Maintenance Compound. This territorial restriction is unique and non‑negotiable, and no other vendor may legally provide this service in the designated area.

2. Verification of Geographic Service Boundaries The enterprise market‑research data confirm that the LEWI Maintenance Compound lies fully within the geographic area exclusively assigned to Recology. The Market Research found:

“In western Clatsop County, Recology is the only company that holds a franchise agreement to provide solid waste and recycling services.”

This was validated through direct review of county jurisdiction maps and county franchise records.

Because franchise zones are dictated by law, market research concluded that no alternative sources are legally allowed to enter the service area.

3. Survey of Business Databases and Vendor Registries To ensure thoroughness, searches were conducted using:

• DOI Historical Vendor Database

• SBA Dynamic Small Business Search

• Native American Business Tool

• SAM.gov vendor listings While these tools identified multiple businesses registered under NAICS 562111 – Solid Waste Collection, the market research confirmed that none of these firms—other than Recology—hold the required Clatsop County franchise to operate in the Lewis and Clark NHP service area.

The acquisition personnel contacted Clatsop County solid waste officials to verify the franchise terms.

Per the franchise agreement, Article XI Section 11.1 enumerates the persons and practices exempted from the agreement, federal government jurisdiction is not listed. Per the requirements of Section 1601 of the Resource Conservation and Recovery Act (42 U.S.C. 6961) federal installations must comply with local arrangements for solid waste collection and disposal, including exclusive collection franchises.

The Contracting Office reviewed the park’s previous year of invoices and validated service patterns, pricing, and demand volume. This review provided cost realism data and confirmed that Recology has been the only legally available provider serving the park historically.

This analysis was used to develop the Independent Government Estimate (IGE) including price averages and escalation assumptions.

6. Assessment of Commercial Availability Market research confirmed that the services required by Lewis and Clark NHP are commercial in nature and commonly available in Oregon—but only through franchised providers in each county.

7. Conclusion of Market Research

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All market research findings point to a single conclusion, Recology Western Oregon – Coast, Inc. is the only responsible source legally authorized to perform solid waste and recycling collection at the Lewis and Clark NHP Maintenance Compound. No other entities are licensed, franchised, or otherwise permitted to provide municipal waste collection within the required geographic boundary.

The research therefore determined that:

• Competition is not feasible.

• A competitive solicitation would produce no responsible offerors.

• A sole‑source award under FAR 6.302‑1 and 41 U.S.C. 253(c)(1) is fully justified.

9. Any other facts supporting using other than full and open competition:

This service area is covered under Clatsop County franchise agreement 20250220017 governed by the authority of Oregon state law ORS 459A.085. The franchise agreement does not provide an exception for federal jurisdiction. Federal agencies are required to comply with local and state statutes regarding the collection and transportation of solid waste. This issue was addressed by the Ninth Circuit Court of Appeals in Parola v. Wineberg, 848 F .2d 956 (9th Circuit 1988). There, the court reviewed the requirement of Section 1601 of the Resource Conservation and Recovery Act (42 U.S.C. 6961) and concluded that:

"RCRA Section 6001 requires federal installations to comply with local arrangements for solid waste collection and disposal, including exclusive collection franchises."

This conclusion was based upon language in the Act which states:

“All federal agencies and instrumentalities engaged in activity resulting, or which may result, in the disposal or management of solid waste or hazardous waste shall be subject to and comply with federal, state, and local requirements, both substantive and procedural…”

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

Only one source is legally allowed to perform this service within the needed area.

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

Only one source is legally allowed to perform this service within the needed area.