Justification for Other than Fill and Open Competition

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

For

(Amador Valley Industries)

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1 (a) (1) and 6.302-1 (b) (3), and

Acquisition Guidance Document 06-006, the Federal Bureau of Prisons (BOP) has determined that the procurement of Sewer services for the Federal Correctional Institution (FCI) located in Dublin, CA meets the criteria established for other than full and open competition. It is further determined that only one responsible source and no other supplies and/or services will satisfy agency requirements. This limitation on competition is justified as supported by the following information:

(1) IDENTIFICATION OF THE AGENCY:

U.S. Department of Justice

Federal Bureau of Prisons

FCI Dublin

5701 8th Street – Camp Parks

Dublin, CA 94568

(2) NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

This justification for other than full and open competition is for the acquisition of trash/waste pickup and removal services for the Federal Correctional Institution located in Dublin, CA from the sole provider of such services in the Dublin, CA area.

(3) DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY NEEDS:

The contractor shall provide trash/waste pick-up removal services for the period from October 01, 2024 – September 30, 2025. For services between October 01, 2024 – October 31, 2024, the estimated cost for these services is approximately $22,000.00. The estimated cost is based on past usage reports from paid obligations on record in the FCI Dublin Financial Management office. The services will be procured by purchase order.

Contract Line Item Number

Performance Period

Estimated Cost ($)

CLIN 0001

10/01/2024 – 10/31/2024

$22,000.00

Total Estimated Cost:

$22,000.00

(4) Statutory Authority Permitting Other Than Full and Open Competition:

Statutory Authority allowing the Justification: FAR 6.302-5(a)(2)(i) excepts an ordering

authority from full and open competition when a statute requires that the acquisition be

made through another agency or from a single specified source.

The City of Dublin’s Municipal Code allows for the city to enter into an exclusive franchise agreement to grant a person the exclusive right to collect or transport solid waste within the city or any portion thereof. Dublin, California, Municipal Code, Chapter 5.32, art. III, § 5.32.130(C).

The City of Dublin has given the exclusive right to collect garbage to Amador Valley Industries.

On January 1, 2005, the City of Dublin entered into an exclusive franchise agreement with Amador Valley Industries to provide solid waste removal services to areas located within the corporate limits of the City of Dublin. Collection Service Agreement, executed between the City of Dublin and Amador Valley Industries, LLC, (January 12, 2005), Recitals, pg. 6, and Article 1, Definitions, § 1.69, Pg. 12.

(5) A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OF THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

Amador Valley Industries is the local community services district in the business of providing trash removal services to the local community in the Dublin, California area. Amador Valley Industries is in the business of providing trash/waste disposal services to the general public. Amador Valley Industries has also provided trash/waste services to FCI Dublin for at least the past eight (9) years.

(6) Efforts Made to Solicit from as Many Sources as Practicable Including Whether or Not a Notice Was or

Will be Publicized as Required by FAR Part 5.2:

As described in Section 4 above, Amador Valley Industries is the sole provider of solid waste collection services for the City of Dublin and FCI Dublin. As stated in FAR 5.202 (a) (5), “the proposed contract action is for utility services other than telecommunications services and only one source is available.” Therefore, a notice is not required in the Government wide point of entry (GPE).

(7) Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

In the Agreement between the City of Dublin and Amador Valley Industries, the parties agree to a rate schedule based upon factors such as annual tonnage, revenue obtained by contractor, and type of residence. These rates are calculated and determined by the City of Dublin. Based upon past performance and the exclusive Franchise Agreement, I determine the rates established are fair and reasonable.

(8) Description of the Market Survey Conducted:

Although other potential sources were previously contacted, the Resource Conservation and Recovery Act (“RCRA”) § 6001, 42 U.S.C. § 6961 and the Collection Service Agreement, executed between the City of Dublin and Amador Valley Industries, prevents the institution from using those sources.

(9) Other Facts Supporting the Use of Other Than Full and Open Competition:

The agreement between the City of Dublin and Amador Valley Industries allows them

exclusive rights to collect waste from the “corporate limits of the City of Dublin.” Collection Service Agreement, executed between the City of Dublin and Amador Valley Industries, LLC, (January 12, 2005), Article 1, Definitions, § 1.69.

(10) List of Sources, Expressing in Writing, Interest in the Acquisition:

No other sources were solicited for this acquisition because of the City of Dublin’s exclusive solid waste franchise agreement with the proposed vendor, Amador Valley Industries.

(11) Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

The Resource Conservation and Recovery Act (“RCRA”) § 6001, 42 U.S.C. § 6961 and the Collection Service Agreement, executed between the City of Dublin and Amador Valley Industries, prevents the institution from soliciting other sources.