23JAFECON0003_redacted.pdf

J&A No. 23-JA-FECON-0003

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The agency is Naval Facilities Engineering Systems Command (NAVFACSYSCOM). The contracting activity is Naval Facilities Engineering Systems Command (NAVFAC) Far East .

2. Description of the Action Being Approved.

Approval is sought to obtain authority to use other than full and open competition to issue a sole-source contract to Clean Harbors Environmental Services (Clean Harbors) for the purchase of eight (8) granular-activated carbon (GAC) vessels to meet an urgent requirement for the uninterrupted support of various Red Hill recovery operations and operation of the Red Hill aquifer, and ensure compliance with environmental regulatory requirements related to source water filtration.

3. Description of Supplies/Services.

In October 2022, NAVFAC Far East (Atsugi and Yokosuka) had an urgent and compelling requirement to install GAC systems to address Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonic acid (PFOS) concerns and ensure compliance with Japan Environmental Governing Standards (JEGS). With the environmental impact and risk related to the international relationship and agreement, NAVFAC Hawaii provided GAC vessels to ensure that NAVFAC Far East meets the operational requirements to have GAC systems installed by 01 November 2022. These vessels were originally procured to support Red Hill operations, but were not in use when the PFOS/PFOA issue began in Far East.

This requirement is to purchase two GAC treatment systems comprising of eight (8) vessels with the purpose to replace Red Hill Bulk Fuel Storage Facility (Red Hill) inventories that were provided to NAVFAC Far East that are now urgently needed due to the circumstances described below. Each GAC treatment system will provide a sorption system capable of treating one million gallons per day of petroleum-contaminated liquid.

The estimated cost of this acquisition is

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority for the use of this sole source action is 10 U.S.C. § 3204(c)(2) as implemented by FAR 6.302-2. The unusual and compelling urgency at Red Hill Joint Base Pearl Harbor Hickam (JBPHH) precludes full and open competition. Delay in award of a contract would result in serious injury, financial or other, to the Government.

5. Rationale Justifying Use of Cited Statutory Authority.

Due to an unforeseen incident on 30 November 2022, an Aqueous Fire Fighting Foam (AFFF) spill at Red Hill caused NAVFAC Hawaii to use their spare GAC treatment systems inventory to support recovery operations and the fast approaching U.S. Environmental Protection Agency (EPA) regulatory revisions related to source water filtration applicable to the state of Hawaii, and now immediately requires eight (8) additional GACs to continue uninterrupted water treatment and recovery operations for Red Hill.

Given this, it is vital for NAVFAC Far East to provide replacement GAC vessels to NAVFAC Hawaii immediately to ensure continuous and uninterrupted operations for Red Hill aquifer and AFFF spill recovery operations and so that NAVFAC Hawaii is equipped to comply with proposed U.S. EPA regulatory requirement changes. With the urgent and compelling mission need to have the eight (8) GAC vessels manufactured and delivered to NAVFAC Hawaii by mid-May 2023, this requirement is being sole sourced to Clean Harbors.

The eight (8) GAC treatment systems will ensure access to non-contaminated water. Without immediate procurement of the eight (8) GACs for delivery by mid-May 2023, the aquifer and AFFF recovery operations are at risk of being interrupted, which would cause petroleum to migrate and contaminate wider areas across the aquifer and result in a serious and unacceptable risk to the health and safety of Department of Defense (DoD) personnel and the local civilian population. Further, if the GAC treatment systems are not procured immediately, regulatory violations on current and upcoming changes to U.S. EPA regulations may be issued and will lead to additional expensive and time-critical response actions.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market research was conducted which indicates that GAC vessel manufacturing typically takes 24-28 weeks to manufacture in addition to the 4-week delivery period. Clean Harbors manufacture and deliver the eight (8) vessels within 12-16 weeks from contract award.

Due to the nature of this urgent requirement, no other offers for this contract action have been solicited. This J&A supports the need for the execution of this contract action to avoid severe impact to mission critical operations and possible catastrophic impacts to the environment and to the health of DoD personnel and the local civilian population.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine that cost to the Government of the supplies covered by this justification will be fair and reasonable in accordance with FAR Part 15.

8. Actions to Remove Barriers to Future Competition.

This is a one-time procurement. However, if there are any future contracts for the types of supplies/services covered by this document, NAVFAC Far East intends to compete the requirement.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE

Date

Naval Facilities Engineering Systems Command Far East

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.