B06 JOFOC Redacted.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION

DIRECTORATE

Control No. 2020-WHS-0139

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

UNDER FEDERAL ACQUISITION REGULATION FAR SUBPART 6.3

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense (DoD) Washington Headquarters Services (WHS) Facilities Service Directorate, Federal Facilities Division (FFD), Pentagon Building Maintenance Office (PBMO), and the WHS Acquisition Directorate (AD) Enterprise Facilities and Construction Division (EFCD) Building Maintenance and Operation Branch.

2. DESCRIPTION OF ACTION: The request is for approval to continue the Refuse Management Services, Pentagon contract with the current contractor, Zero Waste Solutions, Inc., with whom our contract #HQ003418D0006 currently ends on 6/17/2020.

Additionally, the Interim Refuse Services Contract shall comply with all applicable local, state, and federal regulations and include a recycling revenue sharing function. This will be a firm-fixed-priced (FFP), definite quantity “C”-type contract using the Pentagon Reservation Maintenance Revolving Fund (PRMRF).

3. DESCRIPTION OF SUPPLIES/SERVICES: The PBMO has a requirement for Refuse Management Services, Pentagon. The purpose of the requirement is to provide the Pentagon with an Integrated Solid Waste Management Program (ISWMP), to include waste prevention, recycling, composting, and disposal. Over 1,000 tons of material is removed from the Pentagon reservation annually. The program’s goal is to maximize solid waste diversion and reduce the impact of DoD activities on the environment in accordance with DoD Instruction (DoDI) 4715.23, Integrated Recycling and Solid Waste Management, and Executive Order (EO) 13834, “Efficient Federal Operations.” The Qualified Recycling Program (QRP) is a U.S. military installation facility-managed and run recycling program aimed at pollution prevention and minimizing environmental impacts, i.e., recovering recyclable materials from solid waste disposal streams. This requirement also aims to reduce waste by increasing reuse and recycling activities in accordance with the aforementioned DoDI and EO. The integrated solid waste management (ISWM) plan shall include a revenue-sharing function and be performed in accordance with the terms, conditions, and standards of the contract, as well as comply with all applicable local, state, and federal regulations. The Pentagon’s solid waste streams encompass typical office waste, food waste, yard waste, office furnishings, and construction and demolition (C&D) waste. In accordance with the ISWM hierarchy outlined in DoDI 4715.23, the Pentagon’s ISWMP is designed to maximize the amount of waste diverted from landfills and waste-to-energy (WTE) plants through recycling and composting.

Performance Period Performance Period Dates Amount Base Period (9.5 month follow-on contract)

06/18/2020 – 03/31/2021

4. AUTHORITY CITED: This action is authorized under provisions of 10 U.S.C.

2304(c)(2) as implemented by Federal Acquisition Regulation (FAR) 6.302-2. Due to the novel coronavirus (now referred to as COVID-19) pandemic, the Agency is justifying this exemption from competition due to Unusual and Compelling Urgency. Any delay in award of the Refuse Management Services, Pentagon Bridge contract will result in a gap in services. A gap in services would lead to an unsanitary build-up of waste, debris and recycling material across the Pentagon Reservation.

5. REASON FOR AUTHORITY CITED: The Refuse Management Services Bridge contract must be accomplished through other than full and open competition due to unusual and compelling urgency caused by delays in receiving the follow-on requirement package due to COVID-19 taking up so much organizational time due to a significant number of custodial contracts that had to be modified to deal with the COVID-19 pandemic.

On 31 January 2020, the Secretary of Health and Human Services declared a public health emergency in the United States under section 319 of the Public Health Service Act (42 U.S.C. 247d). On 11 March 2020, the World Health Organization declared that COVID-19 was an international pandemic. On 13 March 2020, the President declared a national emergency as documented in the Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease Outbreak located online at https://www.whitehouse.gov/presidential-actions/. Then, on 30 March 2020, Maryland and Virginia, where many of our contractors/vendors live and work, issued Stay-At- Home Orders that limit non-mission-essential travel, which has limited the Agency’s ability to coordinate site visits under the drafted request for proposal. These orders are in currently in effect through June 2020, and there is limited feasibility in coordinating necessary site visits with adequate social distancing.

Some of the staff associated with this requirement are now 100% teleworking in light of Executive guidelines recommending social distancing, and it is not practical to have them participate in site visits. These site visits are required by the program office to align vendor expectation with the necessary services to carry out all aspects the PWS, and afford vendors the opportunity to ask questions about the requirement.

If we competed the requirement at this time, it would lead to unacceptable delays in fulfilling the requirement, which would result in a gap in services. The projected timeline for competition would have occurred between November 2019 through May of 2020, which was approximately the 6-month extension period of the current contract HQ0034- 18-D-0006. However, the Requiring Activity was still compiling food-composting-waste data, which was a pilot study to see if it was viable on the Pentagon Reservation. After the study was completed and the incorporation into the Refuse contract was deemed viable, the data and language was incorporated into the Performance Work Statement.

However, we then entered into the COVID-19 Pandemic Period. The unanticipated pandemic then impacted the Government’s ability to conduct the necessary sight visits. If this Justification and Approval is not approved, the impact to the DoD mission will be severe in terms of unsanitary conditions from the refuse/trash/recycling/composting not being removed/processed. The continuation of the current contract is critical to avoid a gap in services of this requirement.

1. EFFORTS TO OBTAIN COMPETITION: An RFP for Refuse Management Services is intended to be issued on the General Services Administration (GSA) Building Management and Operations (BMO) schedule as soon as practicable, most likely in October 2020.

7. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price for this contract action will be fair and reasonable. The techniques identified at FAR 15.404-1(b)(2) will be used to ensure award will be at fair and reasonable prices.

8. MARKET RESEARCH: These type of refuse/trash/recycling services are readily available on the commercial marketplace, but, since the current contract HQ003418D0006 ends on 6/17/2020, given the short time frame the Agency has to award a follow-on contract in time to avoid a gap in services, it is not feasible to appropriately compete this requirement under FAR Part 8 procedures and emplace a new contractor with all of the appropriate staffing, badging and equipment. Further, it is unclear how soon site visits can be conducted again and whether Agency staff are capable of hosting such visits appropriately, while also modifying other existing contracts in response to health and safety mitigation efforts caused by COVID-19.

9. OTHER FACTS: In accordance with FAR 6.305(c), this justification shall be posted within 30 days after contract award.

INTERESTED SOURCES: To date, no other sources have expressed an interest in writing, but we will post the requirement at https://gsa.gov/bmo at the earliest opportunity.

10. ACTIONS TO INCREASE COMPETITION: Once this unprecedented COVID-19-pandemic period is over with, then the requirement will be competed.

11. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification were were not completed

No. The original acquisition was conducted on a competitive basis.

Not Applicable. This is a new requirement.