J and A 23-0045 N204 Recycling_Redacted.pdf
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- Solicitation number
- 24-MDA-11748
- Issued by
-
DOD Missile Defense Agency
About this file
This document is a Justification and Approval (J&A) for other than full and open competition for the recycling of 700-gallon tanks of nitrogen tetroxide (N2O4) liquid propellant. The Missile Defense Agency (MDA) has a requirement to remove and repurpose the N2O4 from its inventory to reduce environmental liability.
Based on market research, Chemicals Incorporated is the only company identified with the specialized capabilities to receive, transport, store, and repurpose/recycle the N2O4 in compliance with regulations. The J&A cites the statutory authority of 10 U.S.C. 3204(a)(1) and FAR 6.302-1 for other than full and open competition. MDA posted a Request for Information (RFI) on SAM.gov, but Chemicals Incorporated was the only respondent with the required qualifications. The resulting contract, HQ0859-24-C-0003, was awarded to an unknown vendor on March 25, 2024 for an unknown amount.
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Text version
Approved for Public Release 24-MDA-11748 (4 Apr 24)
Incorporated and from Chemicals Incorporated to return the 700-gallon tanks. The N2O4 being removed from TC’s inventory reduces the Agency’s environmental liability risk. The treatment and final disposal of all associated waste residues generated during repurposing shall fully comply with all local, state, and federal regulations.
5. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)).
The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.
6. Demonstration of Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited (FAR 6.303-2(b)(5)).
Based on the Market Research conducted, Chemicals Incorporated is the only company with the capabilities to receive and repurpose the N2O4 within regulatory guidelines and as required by the Government. They have the required experienced engineers, technicians, and Quality Assurance Specialist Ammunition Surveillance technicians with unique specialized skills and current certified skills required to support TC tasks of N2O4 liquid propellant transportation, storage, and repurposing/recycling. They also currently have the certifications on the support equipment required to perform movement of the liquid propellant in the 700 gallon tanks.
7. Description of Market Research Conducted (FAR 6.303-2(b)(6), (8) and (10)).
MDA posted a Request for Information (RFI) on August 8, 2023. The RFI was posted to SAM.gov from August 8, 2023 through August 23, 2023. Chemicals Incorporated was the only company to respond to the RFI and the evaluation of their response revealed they have the capability to meet TCL’s requirement.
Additional market research was performed through checking the General Services Administration (GSA) Advantage website and collaborating with RTC Subject Matter Experts (SMEs) on potential sources known to them. No companies with the capabilities to repurpose/recycle the N2O4 were identified on the GSA Advantage website. The RTC SMEs indicated that Chemicals Incorporation was the only potential source they were aware of for the repurposing/recycling of the N2O4.
Throughout all of the market research efforts, no other capable source was identified except for Chemicals Incorporated.
8. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).
A Request for Proposal will be issued and the resulting proposal will go through a full technical and cost/price evaluation that will ensure completeness, realism, reasonableness, allowability, and allocability of costs.
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