Haz Waste Removal JA Signed Redacted.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition Office of the Chief Procurement Officer Version 3.9

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

41 U.S.C. 3304(a)(1)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal

Law Enforcement Training Centers (FLETC), Procurement Division (PRO), Artesia Field Branch, 1300 West Richey Avenue, Artesia, NM 88210 proposes to enter into a contract on a basis other than full and open competition to provide hazardous waste collection and removal services.

2. Nature and/or Description of the Action being Approved.

(a) Nature of action: FLETC PRO intends to procure on a sole source basis hazardous waste collection and removal services for a one-time requirement scheduled for September 2026. The services will be procured under a GSA Schedule.

(b) Name and address of the contractor: Akima Global Logistics LLC, 2553 Dulles View Dr Ste 700, Herndon VA 20171.

(c) Contract type: Firm fixed price.

(d) Estimated total value (including options):

(e) Type of funding: Operations

(f) Year of funding: Fiscal Year 2026

(g) Solicitation Number: RFQ 26SUARTXXXX

(h) Background information about the requirement: The current IDIQ contract was competitively awarded on 31 May 2023 to Akima Global Logistics LLC. However the current option year was not exercised in a timely manner and the service ended 31 May 2026.

3. Description of Supplies/Services. This requirement is to provide one-time hazardous waste collection and removal services for FLETC Artesia. The one-time service will occur in September 2026. This one-time service is necessary to ensure FLETC Artesia remains in compliance with applicable Federal, state, and local environmental requirements governing the accumulation, handling, transportation, treatment, recycling, and disposal of hazardous, non-hazardous, universal, and recyclable waste. The requirement includes waste identification, packaging support, labeling, profiling, manifest preparation, transportation, U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition disposal coordination, and submission of all required documentation to demonstrate proper disposal or recycling.

The work must be performed within a limited timeframe because hazardous waste generated at FLETC Artesia is subject to regulatory accumulation time limits. Delayed collection and removal could result in FLETC exceeding allowable accumulation periods, creating potential environmental compliance issues, operational disruption, and increased health and safety risks. The contractor must be capable of mobilizing quickly, accessing the facility, coordinating with FLETC personnel, and completing all required waste management activities without a transition period.

The services are not merely administrative or routine disposal services. They require contractor familiarity with the waste streams, facility layout, site access procedures, collection points, historical waste profiles, documentation requirements, and the operational tempo of the FLETC Artesia facility. Accurate profiling and timely manifesting are critical to ensure waste is transported to properly authorized treatment, storage, disposal, or recycling facilities.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute. This section is not applicable to this justification and approval.

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The need for this one-time service is time-sensitive and directly tied to FLETC Artesia’s regulatory obligation to remove accumulated hazardous waste within the applicable accumulation period. Because the previous option period was not exercised before expiration, FLETC does not currently have an active contract vehicle in place to obtain these recurring services. As a result, there is insufficient time to conduct a full and open competition, complete award, allow for a transition period, and still meet the required September 2026 collection and removal timeframe.

Akima Global Logistics LLC is uniquely positioned to meet the Government’s immediate requirement because it is the incumbent contractor and has recent, direct experience performing the same services at the same location. Akima is already familiar with FLETC Artesia’s waste streams, operating environment, access requirements, collection locations, documentation processes, and disposal coordination needs. This knowledge materially reduces performance risk and allows Akima to mobilize and perform without the delay normally associated with onboarding a new contractor.

Use of a different contractor for this one-time requirement would require time for site familiarization, review of waste streams, development or verification of waste profiles, coordination of facility access, confirmation of disposal facilities, and establishment of

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition internal procedures for manifesting and reporting. Given the September 2026 deadline, these transition activities would create an unacceptable risk that hazardous waste would not be removed within the required timeframe. The potential consequences include regulatory non-compliance, enforcement action, penalties, increased storage risks, and disruption to FLETC operations.

This sole source action is limited in scope and duration to the one-time collection and removal necessary to bridge the immediate gap in services. It is not intended to replace the planned competitive follow-on requirement. The use of the incumbent contractor is necessary only to satisfy the urgent, short-term need and to protect the Government from the risks associated with a lapse in hazardous waste disposal services. The services will be procured under a GSA Schedule.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. An announcement of the Government’s intent to sole source this requirement will be posted on SAM.gov after this justification and approval has been reviewed and approved. The estimated date for this announcement is 30 Sep 2026.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The Contracting Officer determines that the anticipated price will be fair and reasonable based on established pricing from the previous IDIQ contract with Akima for the exact services. The resulting task order will be awarded under an active GSA Schedule which has established pricing that has already been determined fair and reasonable. In addition, GSA pricing information and general market prices for similar services will be reviewed as needed to further determine the anticipated price will be fair and reasonable.

9. Description of Market Research. Market research was conducted to determine whether existing contract vehicles or other sources could satisfy the requirement within the necessary timeframe. The DHS Category Management and Strategic Source resources were reviewed, and no mandatory or existing DHS-wide vehicle was identified that could meet the specific hazardous waste collection, transportation, profiling, manifesting, and disposal requirements for FLETC Artesia within the required schedule. The was also reviewed, but the available services did not appear to satisfy the specialized hazardous waste disposal requirements associated with this acquisition.

The Government also considered whether the requirement could be competed in the open market. However, because the collection and removal must occur in September 2026, a competitive procurement would not provide sufficient time to issue a solicitation, receive and evaluate quotations, make award, complete any required contractor onboarding, establish site access, validate waste profiles, and coordinate transportation and disposal arrangements.

These activities would be necessary for any contractor unfamiliar with the FLETC Artesia facility and would create unacceptable schedule and performance risk.

Akima was contacted as part of the Government’s market research because it is the incumbent contractor and had recently performed the same services under contract

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

. During a preliminary meeting on 23 July 2026, Akima indicated that it had the capability and availability to provide the required September 2026 service.

Akima’s prior successful performance, familiarity with the site, and ability to mobilize quickly support the determination that it is the only known responsible source capable of satisfying the Government’s immediate need without unacceptable delay. Akima has two active GSA Schedules that can be used for these services

The market research supports use of a limited sole source action for this one-time requirement. The Government will continue market research for the follow-on requirement and intends to compete the subsequent hazardous waste collection and removal requirement to the maximum extent practicable.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition. The lapse in the prior contract was not the result of a change in the Government’s need for hazardous waste collection and removal services. The requirement remains ongoing and essential to FLETC Artesia’s environmental compliance posture. Due to the expiration of the prior contract before timely exercise of the option period, FLETC is now without an active contractual mechanism to obtain the required September 2026 collection and removal service.

Hazardous waste disposal services require coordination among the generator, transporter, and authorized treatment, storage, disposal, or recycling facilities. The contractor must ensure proper waste identification, packaging, labeling, manifesting, transportation, and final disposal documentation. Any delay or error in these activities could increase the risk of non-compliance and may expose the Government to avoidable penalties or operational impacts.

Akima has performed these same services for FLETC Artesia and has demonstrated knowledge of the facility-specific requirements. This prior experience allows Akima to perform the one-time collection and removal with minimal lead time and reduced risk to the Government. A new contractor would need additional time to become familiar with site conditions, waste streams, access requirements, and FLETC’s documentation processes.

Given the immediate need, that transition period is not available.

This action is narrowly tailored to address the immediate service gap created by the expired contract option. The period of performance and scope are limited to the one-time September 2026 collection and removal event. FLETC intends to compete the follow-on hazardous waste collection and removal requirement to restore full and open competition for future services. The services will be procured under a GSA Schedule.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition. An announcement of the Government’s intent to sole source this requirement will again be posted on SAM.gov and responses from any interested vendors will be addressed.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required. Market research will continue to be performed to determine if any new contractors can meet the hazardous waste collection and removal needs of FLETC Artesia.

Note that this requirement is only for the one-time collection and removal scheduled for September 2026 and the subsequent full follow-on collection and removal requirement will be competed afterwards to award another IDIQ contract for these services.

13. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

14. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.