7- J and A SP450016D0006 52.217-8 2mo Extension Redacted.pdf

Justification and Approval for other than Full and Open Competition Extension of Services, SP450016D0006 Camp Pendleton, CA

The contracting officer has determined the need for hazardous waste removal, transportation, and disposal services in and around Camp Pendleton is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. The use of such action shall be justified in writing. As a minimum, each justification shall include the following information (ref. FAR 6.303-2(b)):

(1) AGENCY, CONTRACTING ACTIVITY, AND DOCUMENT: DLA Disposition Services, Hazardous Waste Disposal

Contracting, “Justification for other than full and open competition”.

(2) DESCRIPTION OF ACTION BEING APPROVED: A two-month extension to contract SP450016D0006, which was awarded with an 18-month base period and two 18-month option periods, is being approved. The contract modification will be issued pursuant to the authority of FAR 52.217-8, Option to Extend Services, which is included in the contract, for an additional two-month period from August 8, 2020 to October 7, 2020.

(3) DESCRIPTION OF THE SERVICES REQUIRED (INCLUDING ESTIMATED VALUE): Work will consist of the removal, transportation and disposal of RCRA hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gas Cylinders, and Polychlorinated Biphenyls (PCBs) located on military installations in and around Camp Pendleton, CA. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with all local, state, and federal laws and regulations, and the terms and conditions of the contract. These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal.

(4) THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION: FAR 6.302-2

Unusual and compelling urgency, (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2). In the case of a contract award permitted under FAR 6.302-2, the justification shall be posted within 30 days after contract award (ref. FAR 6.305(b)).

(5) A DEMONSTRATION THAT THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED: The Government has a need to extend the contract by two additional months to allow sufficient time to award the follow-on contract. The delay in awarding the follow on contract was due to delays to accommodate the addition of landfill AFFF CLINs into the follow-on contract. The generators require uninterrupted hazardous waste disposal/management services to meet their mission, and to remain environmentally compliant and safe.

Any disruption to the services currently being performed under contract SP450016D0006 would lead to a disruption or mission failure. Not extending the services would cause unacceptable delays in fulfilling the Government’s requirement for these services. Industrial Waste Utilization, Inc. is the only responsible source that can currently continue to meet the Government’s need for critical hazardous waste removal and disposal services. Industrial Waste Utilization, Inc. is the incumbent contractor, and already has personnel and equipment mobilized to perform the required work during the interim period. Transferring this work to another contractor would incur substantial duplication of cost and adversely impact required performance timeframes. Any disruption in the current performance timeframes could adversely affect the mission and risks Environmental Protection Agency (EPA) storage violations.