FAR-Part_13-JA-Refuse_Contract_6Apr_Signed_Redacted.pdf

Version – February 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 13.5

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERICAL ITEMS – SOLE

SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Refuse Collection, Removal and Disposal Services, Fort Hunter Liggett (FHL) in un-incorporated Monterey County, California.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5

Amount: $

Prepared by: Mr. Christian Yocam Contract Specialist Date: 6-APR-17

Contracting Officer: Kenneth Kitahara Contracting Officer Date: 6-APR-17

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

MICC-MF Director:

Typed Name: Mr. Kenneth Kitahara

Signature: KITAHARA.KENNETH. Digitally signed by KITAHARA.KENNETH.1

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: MICC-Moffett Field, 685 Vernon Avenue, Mountain View, CA.

94043

2. Description of Action: Fort Hunter Liggett requests a firm-fixed-price new contract (bridge contract associated with W9124N-11-C-0052) with USA Waste of California, Inc.

X An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is a follow-on to contract W9124N-11-C-0052. That contract was not competed under authority (FAR 6.302-5(a)(2)(i)

Contract W9124N-11-C-0052 was sole sourced due to Unified Franchise Agreement for the Exclusive Collection of Solid Waste and Recyclables in un-incorporated Monterey County between County of Monterey and USA Waste of California, Inc.

3. Description of Supplies/Services: Refuse Collection, Removal and Disposal Services for family housing areas, barracks, and administrative offices located at Fort Hunter Liggett, in un-incorporated Monterey County, California. The proposed contract is for the base period commencing approximately 8 April 2017 through 7 August 2017 plus one 6 month option period IAW FAR Clause 52.217-8.

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901, as implemented by FAR Subpart 13.5 for urgency and only one responsible source.

5. Reason for Authority Cited:

(a) Background:

In addition, market research after submission of their requirement package determined that the Unified Franchise Agreement may not be applicable to Fort Hunter Liggett, which means the requirement maybe available to be competitive solicited. Due to these issues that were unknown and not corrected until after the requirement activity submitted their package on 28 February 2017 with only 31 days to complete award, there was insufficient time to adjust and change the procurement to reflect the actual requirement and comply with all procurement requirements.

With only 8 days to complete an award, the current contract expired on 31 March 2017 without a follow-on contract in place for refuse services.

(b) Urgency:

(c) Only One Source Reasonably Available: The proposed sole source incumbent contractor is USA Waste of California, Inc.; DBA: Carmel Marina. Other sources may be able to meet the needs of this procurement; however, due to the immediate and urgent need for this requirement, we must utilize the incumbent contractor, Carmel Marina to maintain the continuity of refuse services. The incumbent currently processes all the necessary licenses, personnel, and equipment to provide immediate refuse services to ensure the health, safety, and compliance with local, state, and federal law. No other company is reasonably available to start immediately. Other companies would require ramp-up time to find personnel, equipment, and obtain licenses to provide the refuse services. Therefore, due the urgent need to have the services start immediately and not having any time for ramp-up, the incumbent contractor is the only source reasonably available.

(d) Alternatives:

(e) Impact:

6. Efforts to Obtain Competition:

7. Actions to Increase Competition: Future requirements of this nature will incorporate market research, sources sought notices in Federal Business Opportunities (FedBizOps), synopsis, site visits, and solicitations to provide contracting opportunities to all concerned.

8. Market Research: The Monterey Regional Waste Management District, Salinas Valley Solid Waste Authority, and USA Waste of California, Inc. were contacted regarding existing franchise agreements for the Ft. Hunter Liggett area that may affect potential competition for refuse collection services. Based on information received, it appears that there would be no limiting of competition for the refuse collection at FHL. Considering the existing area franchise agreements have had a limiting effect on competitors over time, the authorities indicated that competitors do exist within Monterey County. Considering the findings, future requirements of this nature will include sources sought notices in FedBizOps, synopsis, and site visits/industry day to raise awareness of any future Government requirement(s).

9. Interested Sources: Currently, only one source is identified that’s positioned to meet the immediate need; however, it’s anticipated that future requirements will include other prospective contractors via market research and actions to increase competition.

10. Other Facts:

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made using FAR 13.106.3, Award and Documentation, with the use of:

(i) Market research;

(ii) Comparison of the proposed price with prices found reasonable on previous purchases;

(iii) Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price;

(iv) A comparison with similar items in a related industry;

(v) The contracting officer’s personal knowledge of the item being purchased;

(vi) Comparison to an independent Government estimate; or

(vii) Any other reasonable basis.

12. 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:

Date:

13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Kenneth Kitahara Contracting Officer

BYERS.BILL.EDWARD.1

KITAHARA.KENNETH. Digitally signed by KITAHARA.KENNETH.1