Solid waste services, North Cascades NPS Complex, WA

The National Park Service (NPS), North Cascades National Park Service Complex, intends to negotiate and award a sole source contract for collection, transport, and disposal of solid waste from NPS facilities along State Route 20 in Washington. The contract will be for a base year and four option years, with each period running from 11/1 to 10/31 of the following calendar year. The justification is presented herein. Responses, comments, and questions regarding this notice should be directed to Michael Beatty, Contracting Officer, at contact@example.gov. All responses, comments, or questions received by October 8, 2019, will be considered. JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION for SIMPLIFIED ACQUISITIONS OVER $3,500 ($2,000/$2500 for Construction/Services) AND UP TO $150,000 (See FAR 13.106-1) SOLID WASTE COLLECTION, SKAGIT DISTRICT FY20-FY24 Date: September 12, 2019 PR Number: SAF 1.Nature and/or description of the item/service being procured and its intended use (include the anticipated cost): The National Park Service (NPS), North Cascades National Park Service Complex, intends to negotiate and award a sole source contract for solid waste removal in accordance with FAR 13.106-1(b) and 41 U.S.C. 253(c)(1). The contract will be with Waste Management of Washington, Inc. (WM), for services in the required collection area including NPS facilities at Marblemount, Newhalem, Diablo, and other sites along State Route 20. The estimated value is approximately $30,000 per year. The contract is anticipated to include one base year and four additional option years for a total performance period of five years with estimated total value $150,000. It will be established as a requirements contract, with NPS dictating the required pick-up schedule and WM charging prices per their approved tariff. 2.Sole Source Justification rationale ( Check one and explain below): __X____ Only one responsible source. ______ Urgent and compelling circumstances exist. Include critical delivery or performance dates, and when you became aware of the requirement. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met. ______ Other _____________________________________________________ Explain: Solid waste removal services in the State of Washington are regulated by the Washington Utilities and Transportation Commission (WUTC), an agency of the Washington state government. The WUTC regulates solid waste collection companies under Chapter 81.77 RCW (Revised Code of Washington). That statute in pertinent part provides that no person shall engage in the business of hauling solid waste without having first obtained a certificate of public convenience and necessity from the WUTC; commonly called a ¿G¿ certificate. A ¿G¿ certificate authorizes solid waste collection and hauling within a specific geographic territory. Once a certificate is granted, that certificate holder is the exclusive solid waste collection and hauling entity for the territory, unless the WUTC grants another certificate. There is no general exemption in the state law for solid waste collection companies operating under contract with the federal government. Waste Management of Washington, Inc. holds Certificate of Public Convenience G000237 and is the only authorized vendor to provide solid waste removal services in the required collection area in or around Marblemount, Newhalem, Diablo, and other NPS sites along State Route 20. 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¿¿. The WUTC have previously considered this situation at the Hanford Nuclear Reservation in Washington. In the consolidated cases of the Applications of Basin Disposal, Inc. (GA-898) and the Bayside Waste and Transfer, Inc. d.b.a. Kennewick Disposal (GA-902), the Commission found that it does, in fact, have such jurisdiction over collection and transportation of solid waste on federal lands. 3. Market Research. Please explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest: Market research was conducted to verify the aforementioned factors are accurate. A synopsis and the justification for this action will be published on the Federal Business Opportunities website. 4. If this is a determination for sole source, the contracting officer certifies: a.Only one source is available, or urgent and compelling circumstances exist. b.The anticipated price will be determined fair and reasonable using the price analysis techniques described in FAR Part 13.106-3(a). Submitted by Alan Schoblom, Project Officer. Approved by Michael Beatty, Contracting Officer, and Sarah Welch, Warranted Individual I Level Above Contracting Officer