W911SD18P0272_REFUSE_J&A_REDACTED.pdf

Control No:

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: MICC- West Point, (CCMI-CEU-WP), 681 Hardee Place, West Point, New York 10996-1514

2. Description of Action: The USAG West Point, DPW, requests a firm-fixed-price contract with Donato Marangi Inc.

Nature: X New Requirement

Contract Vehicle: X Purchase Order Number W911SD18P0272

Pricing/Contract Type: X Fixed Price

Funds: X Operations & Maintenance, Army (OMA)

Name of Proposed Contractor(s) and Address: Donato Marangi, Inc.

175 Route 303 Valley College NY, 10989

Brand Name Buy: NA

3. Description of Services or Supplies: This is a sole source award for refuse collection services on West Point. This bridge will fill the gap in service between the current contract W911SD-18-P-0159 which expires on 31 August 2018 and 6 month bridge contract which is pending J&A approval.

Period of Performance: 1 September 2018 to 15 September 2018 Total Value: $158,361

4. Authority:

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

a. Donato Marangi, Inc. (DMI) is the current refuse collection contractor. Not only is DMI familiar with the route and camps within West Point, DMI also has staffing in place, they have sufficient resources to allocate to West Point to include front loading trucks and specialized equipment

b. The collection of refuse and recycling is a health and welfare issue. To not collect the refuse would present a public health and safety issue resulting in a potential spread of vermin and disease. Recycling is required to sort recyclables from the waste stream. Refuse and recycling are necessary services and they must be fulfilled in an expeditious manner.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed.

7. Market Research: Market research was performed for the previous solicitation W911SD-17-R-0008. In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Sole Source Sources Sought notice was posted to Federal Business Opportunities on 11 April 2018 and closed on 16 April 2018. DMI and Zero Waste Solutions responded. Zero Waste Solutions will wait for the next solicitation to be issued and is not ready to begin operations on 1 May 2018.

8. Other Facts: Procurement History:

(1) W911SD-12-C-0008 was fully competed as an unrestricted procurement and awarded to DMI on 23 April 2012 and expired on 31 October 2017. The option to extend under FAR 52.217-8 was exercised. Contract W911SD-18-P-0002 was a noncompetitive bridge contract awarded to DMI on 31 October 2017 for the period 01 November 2017 – 31 January 2018. W911SD-18- P-0029 was a second non-competitive contract awarded to DMI for the period 01 February 2018 - 30 April 2018.

W911SD18P0159 was a third non-competitive contract awarded to DMI for the period of 1 September 2018 to 15 September 2018.

(2) The authority cited for other than full and open competition for the previous three bridge awards was 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. Each of the previous bridges included seasonal requirements. West Point has more activities during the spring, summer and fall that required increased refuse pickup schedules.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: REDACTED

Date: 4 SEPTEMBER 2018 Title: Chief, DPW Environmental

Signature: REDACTED

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Determination will be made using cost analysis and price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: KYMBERLY Y. AVILES

Date: 5 SEPTEMBER 2018

Title: CONTRACTING OFFICER US ARMY Mission and Installation Contracting Command -WEST POINT

Signature: REDACTED