SPECIAL NOTICE
99 -- Intent to award sole source contract for solid waste collection and disposal
- Notice Date
- 9/19/2014
- Notice Type
- Special Notice
- NAICS
- 562111
— Solid Waste Collection
- Contracting Office
- NPS, PWR - OLYM MABONorth Cascades NPS Complex810 State Route 20Sedro-WoolleyWA98284US
- ZIP Code
- 00000
- E-Mail Address
-
Contracting Officer
(sarah_welch@nps.gov)
- Small Business Set-Aside
- N/A
- Description
- The National Park Service, North Cascades NPS Complex, intends to negotiate and award a sole source contract for transport and disposal of solid waste and recyclable materials, for one base year and four option years, starting in mid-October, 2014. The justification is presented herein. Responses, comments, and questions regarding this notice should be directed to Sarah Welch, Contracting Officer, at sarah_welch@nps.gov. All responses, comments, and questions received by October 10, 2014 will be considered. JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION, Over $150,000 (FAR 6.303-2): Solid waste and recyclable materials collection and disposal, Stehekin WA 1.Identification of the Agency and the Contracting Activity: Department of Interior, National Park Service, Pacific West Region, North Cascades NPS Complex 2.Nature and/or Description of the Action Being Approved: We intend to negotiate and award a sole source contract for transport and disposal of solid waste and recyclable materials in accordance with FAR 6.302-1 and 41 U.S.C. 253(C) (1) to Mountain Barge Services LLC of Chelan, WA. Solid waste removal services in the State of Washington are regulated by the Washington Utilities and Transportation Commission, a state agency. WUTC regulates the rates, services, and practices of privately-owned utilities, including solid waste collection companies. The Commission regulates utilities under authority granted in Title 81.77 of the Revised Code of Washington (RCW), implemented in Washington Administrative Code (WAC) 480-70. Mountain Barge Services LLC holds Certificate of Public Convenience G000191 and is currently the only authorized vendor to provide solid waste removal services in the required collection area (Stehekin, WA). 3. A Description of the Supplies or Services Required to Meet the Agencys Needs, Including the Estimated Value: This contract is for collection, transportation, and disposal services of solid waste and recyclable materials generated in Stehekin, WA. The Contractor will pick up compacted and containerized or loose solid waste and recyclable materials from the NPS solid waste facility (located approximately 4-1/2 miles northwest of the Stehekin landing on a hard-surfaced road), transport them by truck to the Stehekin landing, transport them by barge to Manson or Chelan, WA (approximately 45-55 miles respectively), then transport them by truck to the appropriate solid waste transfer station and to certified recycling collection centers. The current collection system in Stehekin includes NPS labor to compact and containerize materials in 1/3-cubic yard cardboard boxes. It is possible that the collection system will change to a stationary compactor with 30-cubic yard roll-off compaction container(s), which will be transported and disposed of by the contractor as described above using a compatible tractor truck and/or trailer. The contract is anticipated to include one base year and four additional single year options for a total performance period of five years. The estimated value is $30,000 to $50,000 per year. 4.An Identification of the Statutory Authority Permitting Other Than Full and Open Competition: 41 U.S.C. 253(c)(1) and FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. There is no general exemption in state law for solid waste collection companies operating under contract with the federal government. Nor is there a general exemption in federal law. The general rule of the supremacy clause of the US Constitution, Article 6, cl. 2, restricts the ability of states to interfere with the federal government's right to contract. However, in 1975 Congress enacted 42 U.S.C. 6961 that changed the general rule as it applied to state and local solid waste collection and disposal laws. Under the provisions of 42 U.S.C. 6961 the federal government must comply with state and local requirements regarding control and abatement of solid waste or hazardous waste disposal and management in the same manner and to the same extent as any person subject to such requirements. In other words, when the federal government seeks to obtain the services of a solid waste collection company, that company must comply with RCW 81.77. 5.A Demonstration That the Proposed Contractors Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited: WUTC confirmed that the current certificate holder may be displaced only if a second entity submits an application and can prove that the current holders service is deficient. WUTC has not received any other applications to provide service for the Stehekin area, making Mountain Barge Services LLC the only authorized source for solid waste collections in Stehekin. 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 Subpart 5.2 and, If Not, Which Exception Under FAR 5.202 Applies: A special notice of our intent to award a sole source contract will be posted at www.FBO.gov for 30 days and include the contents of this justification. 7.A Determination By the Contracting Officer That the Anticipated Cost to the Government Will Be Fair and Reasonable: The Washington Utilities and Transportation Commission regulates the rates charged for solid waste collection state-wide. Services may be provided pursuant to the terms of a tariff filed by the company and reviewed by the WUTC, or by contract between the company and a government entity. In either case and pursuant to the terms of their certificate, the company may not charge prices that are unfair or unreasonable. When the service is undertaken by contract, WUTC may review and approve the rates therein. The NPS program staff will provide a detailed government estimate for the Contracting Officer to rely upon when determining that the price is fair and reasonable, breaking down the service into its components and figuring the time and costs of each. 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 was conducted to verify the aforementioned factors are accurate. 9.Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.302-2 (9) (i) (iii) for some examples): None. 10. A Listing of the Sources, If Any, That Expressed in Writing, an Interest in the Acquisition: None. 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: Public utilities, including solid waste, are regulated by the state government; no alternatives exist to remove these barriers. 12. Certifications: I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Governments minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate: Kerri L. Cook, Facility Operations Specialist; 9/12/14 I certify that the justification is accurate and complete to the best of my knowledge and belief: Sarah J. Welch, Contracting Officer; 9/12/14 Concur: Rodney J. Roberson, Delegated Assistant Bureau Competition Advocate; 9/13/14 Reviewed/Concur/Approved by: Leo R. Guillory, Assistant Bureau Competition Advocate; 9/16/14
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