A02_J&A.pdf

FAR Part 6 Justification and Approval For Other than Full and Open Competition

Control No: JA-19-HUA-041 Contractor: All American Waste Services, Inc.

Program/Equipment: Operation Faithful Patriot

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment:

Provide portable toilets and portable handing wash stations in support of Operation Faithful Patriot.

Authority:

10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2 -- Unusual and Compelling Urgency.

Amount: $552,857.00 for one month.

Prepared by: Kristie L. Jansen DSN: 821-0401 Contract Specialist Date: 08 Nov 2018 Email: kristie.l.jansen.civ@mail.mil

Contracting Officer: Gay R. Moss DSN: 821-1514 Contracting Officer Date: 08 Nov 2018 Email: gay.r.moss.civ@mail.mil

Technical: Sheralyn Zeto DSN: 821-9603 Contracting Officer Representative Date: 08 Nov 2018 Email: sheralyn.zeto.civ@mail.mil

Requirements: Jack W. Porter DSN: 821-5722 Business Operations Chief Date: 08 Nov 2018 Email: jack.w.porter14@civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Typed Name: Jack W. Porter

DSN: 821-5722

Signature:

X Right-Click "Signature Setup"

Control No: JA-19-HUA-041 Contractor: All American Waste Services, Inc.

Program/Equipment: Operation Faithful Patriot

Version – September 2018 FOR OFFICIAL USE ONLY

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Agency, Aberdeen Proving Ground, Huachuca Division, Directorate of Contracting, 600 Augur Street, Building 22208, Fort Huachuca, Arizona 85613-7070.

2. Description of Action: The Directorate of Public Works (DPW) requests a firm-fixed-price contract with All American Waste Services, Inc. The Government has awarded Purchase Order W9124A-19-P-0001 with fiscal year 2019, Operations and Maintenance, Army funds.

3. Description of Supplies/Services: The DPW requires the rental of 100 portable toilets and 100 portable hand washing stations to provide support for the Department of Homeland Security’s (DHS) border protection effort, Operation Faithful Patriot (OFP), as ordered by President Donald J. Trump. Services will be provided for one month.

Period of Performance: 01 Nov 2018 to 30 Nov 2018 Price: $552,857.00

4. Authority Cited:

10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Reason for Authority Cited:

On 30 October 2018, the Contracting Officer (KO), Ms. Nancy E. Johnson, attended a meeting where she was informed the Fort Huachuca Directorate of Contracting would be needed to provide contracting support for President Donald J. Trump’s OFP that deploys Department of Defense (DoD) forces in support of the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) under the command of U.S.

Northern Command. Ms. Johnson was informed an advance party would arrive that same day with an additional 900 troops from Fort Bragg, North Carolina, arriving on 3 November 2018, and an additional 1,000 troops were expected to arrive at any time with these numbers being subject to fluctuation. To support this mission, the Department of Public Works (DPW) requested a contract to support 100 portable toilets and 100 hand-washing stations. Of these amounts, 50 were required on 01 November 2018 and an additional 50 on 02 November 2018. Due to the extremely short notice, Ms. Johnson provided a KO Verbal Authorization upon receipt of the final quote from the only vendor who stated they had the capabilities to provide a one-day turnaround.

On 01 November 2018, NORTHCOM Public Affairs issued Press Release 18 10-018, stating the DHS had requested the DoD to provide a range of assistance, including planning, engineering, transportation, logistics and medical support to the CBP. This request for assistance will enhance CBP's ability to impede or deny illegal crossings and

Control No: JA-19-HUA-041 Contractor: All American Waste Services, Inc.

maintain situational awareness as it contributes to CBP's overall border security mission.

DoD forces in support of the DHS and CBP are under the command of U.S. Northern Command. The Secretary of Defense approved Title 10 (active-duty) forces and support in response to the DHS request. Various locations were identified to serve as Base Support Installations (BSI) to include Fort Huachuca. BSIs are DOD installations located near the operation area and serve as primary logistics hubs, during a response to a request for Defense Support to Civil Authorities. Various military units from across the country were identified to deploy to the southwest border in support of CBP. The number of troops deployed are subject to change each day as military forces flow into the operating area, with the initial estimate is that the DOD will have more than 7,000 troops supporting DHS across California, Arizona, and Texas.

This sole source requirement is being awarded utilizing an urgent and compelling J&A with the appropriate contractual documentation to follow. Funding for Operation Faithful Patriot has been provided and is being separately tracked.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(2), this action will not be synopsized.

Effective Competition: Because this is a sole source action, effective competition is not applicable.

7. Actions to Increase Competition: NAICS 562991 Septic Tank and Related Services and NAICS 624230 Emergency and other Relief Services, were identified to locate businesses who stated they have the capabilities to provide these services on an emergency basis. A Small Business Dynamics and System for Award Management advanced search identified 76 vendors. A GSA eLibrary query for Schedule 56 resulted in a total of 27 vendors (21 vendors for Category 361 10H and six vendors for Category 361 51) with possible capabilities to support this requirement. Various vendors from the lists were contacted; however, only one vendor was able to provide the quantities of 100 portable toilets and 100 portable hand-washing stations in the required one-day turnaround time period.

8. Market Research: NAICS 562991 Septic Tank and Related Services and NAICS 624230 Emergency and other Relief Services, were identified to locate businesses who state they have the capabilities to provide these services. A Small Business Dynamics and System for Award Management advanced search identified 76 vendors. Vendors from the list were contacted; however, only one stated they were able to provide the quantities of 100 portable toilets and 100 hand washing stations in the needed one-day time period. The GSA eLibrary was also researched under GSA Schedule 56. Two categories were identified 361 10H with 21 vendors and 361 51 with six vendors. Of these vendors none were able to provide the necessary quantities of 100 portable toilets and 100 portable hand-washing stations in the short time period required. Out of all vendors identified in this requirement’s market research, only one vendor was found who

Control No: JA-19-HUA-041 Contractor: All American Waste Services, Inc.

had the capability and quantities to fulfill this requirement in the extremely short time period required.

9. Interested Sources: Not applicable.

10. Other Facts: Not applicable.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Sheralyn Zeto Date: 06 Nov 2018 Title: Contracting Officer Representative Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Jack W. Porter Date: 06 Nov 2018 Title: Business Operations Chief Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Vendor Portable Toilets

Quantity: 100 each

Portable Handwashing Stations

Quantity: 100 each Integrated Modular Solutions GSA Schedule 56 Contract 47QSWA18D001W

$468,840.00 a month $156.28 a day

N/A

Active Deployments Systems GSA Schedule 56 Contract GS-07F-0202Y

$464,280.00 a month $154.76 a day

$232,140.00 a month $77.38 a day

Control No: JA-19-HUA-041 Contractor: All American Waste Services, Inc.

Program/Equipment: Operation Faithful Patriot

Version – September 2018 FOR OFFICIAL USE ONLY

McGrath Rent Corp. GSA Schedule 56 Contract GS-07F-0401X

$87,295.00 a month $20.09 a day

N/A

All American Waste Services, Inc. $255,000.00 a month $85.00 a day

$297,857.00 a month $99.29 a day

This determination will be made using the following: ☐ cost analysis ☒ price analysis ☐ should cost ☐ IGCE ☐ audit: ☐ other: N/A

As a part of this basis, certified cost or pricing data:

☒ Will not be required and the following exception applies (FAR 15.403):

☒ A commercial item is being acquired.

☒ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Gay R. Moss Date: 08 Nov 2018 Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Gay R. Moss Date: 08 Nov 2018 Title: Contracting Officer Signature: