Refuse and Recycling

DEPARTMENT OF THE AIR FORCE AIR COMBAT COMMAND JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION 9th Contracting Squadron/LGCA2 6500 B Street, Suite 101 Beale AFB CA 95903-1712 I. This document constitutes justification and approval for an authorized by statute requirement that precludes full and open competition for the acquisition described herein, under the authority of FAR 6.302-5. It is executed on behalf of 9 RW, Beale AFB, CA 95903-1712. II. NATURE OF ACTION: Request for acquisition by other than full and open competition procedures to establish a new contract for base refuse services from one source due to an existing Exclusive Franchise Agreement with Yuba County, in which Beale AFB resides. III. DESCRIPTION OF REQUIREMENT: Under the contemplated contract Recology Yuba- Sutter (YS) will provide services to collect and dispose of refuse and recyclable waste. The performance period for this effort will be from 1 April 2010 through 30 September 2010 to include 4 option years. The estimated cost for the base year including four option periods is $5,224,000.00. IV. STATUTORY AUTHORITY: The statutory authority for this requirement is 10 USC 2304 (c)(5), Authorized or Required by Statute, as implemented by FAR 6.302-5. V. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION SUPPORTS STATUTORY AUTHORITY: The service being procured is refuse collection for Beale A.F.B. Beale A.F.B. is located within the confines of Yuba County, in accordance with the provisions set forth in 42 U.S. Code 6961(a)(2) Application of Federal, State, and Local Laws to Federal Facilities has declared "Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any solid waste management facility or disposal site, or (2) engaged in any activity resulting, or which may result, in the disposal or management of solid waste or hazardous waste shall be subject to, and comply with, all Federal, State, interstate, and local requirements..." Section 7 of Article 11 of the California Constitution, California Public Resources Code (PRC) Section 40059 authorizes the County of Yuba to determine all aspects of handling of solid waste that are of local concern Given these empowerments the Yuba County Board of Supervisors has entered into an Exclusive Franchise Agreement with YS for the collection of refuse within the corporate limits of Yuba County with an effective date of 2 July 1990. The existing contract, F04666-99-C-0005, was awarded on a Sole Source basis to YS on 28 January 1999. The existing Exclusive Franchise Agreement with Yuba County was utilized to obtain services from YSDI. The existing contract was awarded for the base year and nine (9) option years. VI. DESCRIPTION OF EFFORTS MADE TO ENSURE OFFERS ARE SOLICITED FROM AS MANY SOURCES AS PRACTICABLE: In an effort to ensure offers are solicited from as many sources as practicable the Regional Waste Management Authority was contacted to receive additional information with regards to the existing exclusive franchise agreement. Keith Martin, Administrator of the Regional Waste Management Authority, stated that YS uses the Marysville Transfer and Processing Station for waste coming from Beale AFB and after being sorted solid waste is taken to the Ostrom Road Landfill Facility. Mr. Martin also stated that the Ostrom Road Landfill Facility currently provides solid waste disposal services to both municipal and commercial customers in the northern Sacramento Valley including Yuba, Sutter, Butte, Nevada, and Colusa Counties. Furthermore YSDI is a subsidiary of Norcal Waste Systems, Inc. Norcal, Inc. has subsidiaries that service the nearby cities of Auburn, Oroville and Dixon. VII. CONTRACTING OFFICER'S DETERMINATION OF FAIR AND REASONABLE COST: A determination of cost fair and reasonableness will be established by price analysis. The Government will compare prices established by YS and approved by the Yuba County Board of Supervisors with rates paid by nearby bases and cities. Additionally a PNM will be completed with a more detailed justification for the determination of price fair and reasonable. VIII. MARKET SURVEY: N/A IX. OTHER SUPPORTING FACTS: Case law, Parola v. Weinberger, Nos. 86-2963; 86-15066; 87-1944 (9th Cir. June 1, 1988), The court rules that section 6001 of the Resource Conservation and Recovery Act (RCRA) requires federal installations to comply with local arrangements for solid waste collection and disposal, including exclusive garbage collection franchises. RCRA section 6001 (a) waives sovereign immunity for federal facilities with respect to federal, state, and local solid and hazardous waste disposal, including exclusive garbage collection franchises. X. INTERESTED SOURCES: N/A XI. FUTURE ACTION TO ENSURE COMPETITION: No actions are planned to ensure competition in the future due to the requirements set forth in 42 U.S. Code 6961(a)(2) Application of Federal, State, and Local Laws to Federal Facilities as prescribed above in section V. Future actions to ensure competition will be taken barring any changes made to 42 U.S. Code 6961. XII. CONTRACTING OFFICER CERTIFICATION: The contents of this justification are accurate and complete to the best of the knowledge and belief of the Contracting Officer. XIII. TECHNICAL/REQUIREMENTS CERTIFICATION: N/A