JA 17D0005 Rhineland Supp Agreement.pdf

SOURCE SELECTION INFORMATION

SEE FAR 2.101 AND 3.104

Justification and Approval for other than Full and Open Competition Supplemental Agreement to Extend the Term of the Contract

1. Contracting Activity: DLA Disposition Services, J-76

2. Description of Action: Contract SP4520-17-D-0005 was awarded on 26 January 2017 to Süd - Müll GmbH & Co. KG (Süd - Müll) with an effective date of 1 March 2017. The contract has an 18-month base period and two 18-month option periods. Option Period I expired on 1 March 2020. Due to missing the contract requirement to extend the term of the contract in accordance with the timeframes stated in 52.217-09 – Option to Extend the Term of the Contract, this supplemental agreement is entered into with Süd – Müll to exercise the former contract’s option period II incorporating all the former contracts terms and conditions.

This justification is in accordance with Federal Acquisition Regulation (FAR) 13.5 – Simplified Procedures for Certain Commercial Items, and the procedures in FAR Subpart 13.5 were used in accordance with 41 U.S.C.1901 or the authority of 41 U.S.C.1903. In entering into this supplemental agreement, the former contract’s Option Period II’s performance period will be in effect under this agreement, resulting in a new expiration date of 31 August 2021 with an estimated total increase of 1,102,256.53 €.

3. Description of Supplies/Services: Work will consist of non-personal services for inspection, packaging/repackaging, loading, unloading, containerization, removal, transportation, storage, recycling, reuse, recovery, treatment, and disposal of hazardous and regulated substances from US Military Installations in the states of Rhineland-Pfalz and Baden-Württemberg, Germany. Additional services include expedited removals; Waste Management Services, Receiving Services, laboratory analysis, preparation of DD Form 1348-1, sampling & analysis for each waste stream and reports and forms, tank cleaning, labels and repackaging services. Infectious, controlled, and radioactive wastes, or mixtures of such wastes with hazardous waste, shall not be included under this contract. Waste disposed of under this contract may possibly be contaminated with one or more substances not specifically identified.

The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with German, European Union (EU) and international environmental, safety and health laws and regulations; international agreements governing the generation, storage, transportation and disposal/recycling of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standards apply to not only the country in which the waste is generated, treated and disposed, but also any transit countries through which the waste is transported. The contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of the contract.

4. Authority Cited: 10 U.S.C. 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements as authorized by FAR 6.302-1.

5. Reason for Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 5.202(a)(11) and 6.302-1, Only One Responsible Source and No Other Supplies or Services will satisfy the requirement.

Not extending the services through this supplemental agreement would cause unacceptable delays in fulfilling the Government’s requirement for these services. See 10 U.S.C. 2304(c)(1) or 41 U.S.C.

3304(a)(1). The proposed contract modification will be issued pursuant to the authority cited above, which reflects the same time period as FAR clause 52.217-9, Option to Extend the Term of the Contract, which is included in the former contract.

The Government has a need to continue Süd – Müll’s services for the time period to which was previously agreed to allow sufficient time to award a replacement contract. The generators require uninterrupted hazardous waste disposal and management services to meet their mission, and to remain environmentally compliant and safe. A new solicitation for this action would require a longer period to provide the services required and would result in a break in service for the customer. A break in service would result in serious financial injury to the Government. Any extended disruption to the services performed under contract SP4520-17-D-0005 would lead to a disruption or mission failure. Without contract coverage, the area is at a high risk of compliance violations regarding the regulatory storage time limits of the hazardous materials, as they already have a significant amount of hazardous waste requiring removal. In addition to storage issues, the area would be at risk of not being able to respond timely to spills, which could lead to environmental issues, fines, and higher cleanup/remediation costs.

6. Efforts to Obtain Competition: Any other acquisition process does not allow sufficient time to acquire services for the interim period. Given the current procurement lead-time, it is not possible to award a replacement contract or a short-term bridge contract to meet the immediate requirements. Süd - Müll is the only responsible source that can currently continue to meet the Government’s need for critical hazardous waste removal and disposal services. Süd - Müll 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.

7. Price/Cost Consideration: The supplemental agreement will be at the rates specified under the second option period of the former contract. The prices were competed and evaluated at the time of that award. The prices were solicited, evaluated, and determined to be fair and reasonable under competitive procedures. An informal analysis indicates that there are no changes in the economy that would lead to substantially lower pricing.

8. Market Research: It is determined that a market survey is impractical, as it would not generate any additional sources capable of satisfying the requirements within the urgent time frame required. In addition, a new long-term Indefinite Delivery Indefinite Quantity contract will replace both the former contract SP4520-17-D-0005 and this supplemental agreement. As listed above, Süd – Müll currently has personnel and equipment mobilized to perform the required work during the interim period. Süd – Müll has the knowledge and experience required to maintain uninterrupted hazardous waste services.

Transferring this work to another contractor would incur substantial duplication of cost and adversely affect the required performance timeframes. Any disruption in the current performance timeframes could adversely affect the mission for our military customers.

9. Actions Being Taken to Overcome Barriers to Competition: A competitive solicitation will be issued for the next requirement and further sole source actions aren’t contemplated.

10. Other Facts: N/A

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

Bernard Solovey Jr.

Contracting Officer, Hazardous Waste Disposal Contracting Division DLA Disposition Services

Approval

Based on the foregoing justification, I hereby approve this supplemental agreement to continue the hazardous waste disposal services on a sole source basis pursuant to the authority of 10 U.S.C.

2304(c)(1), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Roger Lonoza Competition Advocate DLA Disposition Services